On the agenda: Fort Mill meeting — data center (Jul 21)
Past ⚠ Agenda Watch Fort Mill, South Carolina · Tuesday, July 21, 2026 — 2 months ago
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The published agenda for this July 21 meeting contains: "data center", "Data Center", "Hyperscale", "Data center". The meeting has passed; the record and its outcome live here permanently.
Check the agenda document for the meeting time.
The agenda — from the public record
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TOWN OF FORT MILL
PLANNING COMMISSION MEETING
July 21, 2026
205 North White Street
6:00 PM
CALL TO ORDER
APPROVAL OF MINUTES
[Pages 2 - 4]
1. Regular Meeting: June 16, 2026
OLD BUSINESS
1. Commercial Appearance Review: Unique USA
[Pages 5-15]
Request from Patrick Tormeno, BB+M Architecture representing Unique USA, to grant an additional
Commercial Appearance Review approval for a portion of The Loom project – 6 Watson Street.
NEW BUSINESS
1. Zoning Regulations Text Amendment Request: Town of Fort Mill
[Pages 16-19]
Request from the Town of Fort Mill for a text amendment to amend Article 2, Section 28 – TCO
Transportation Corridor Protection Overlay District within the Zoning Regulations to add the Pennies 5
(2024 Pennies for Progress) projects listing.
2. Zoning Regulations Text Amendment Request: Town of Fort Mill
[Pages 20-303]
Request from the Town of Fort Mill for various text amendments to amend the Zoning Ordinance as it
relates to development densities, buffers and setbacks, tree conservation, open space / trails, table of uses,
and the downtown core district.
3. Zoning Regulations Text Amendment Request: Town of Fort Mill
[Pages 304-307]
Request from the Town of Fort Mill for a text amendment to amend the Zoning Ordinance as to update the
regulations for election signs.
INFORMATION AND DISCUSSION
•
August 20, 2026, virtual continuing education opportunity with Charlie Barrineau from the Municipal
Association (6:00 pm – 7:30 pm).
ADJOURN
The following press was notified of the meeting by email or fax in accordance with the Freedom of Information Act: The
Herald, CN2, WRHI, WSOC, and WBTV. The agenda was also posted at the entrance to Town Hall the required length of
time and on the Town website. The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation,
of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office
at 803-547-2116 if you need assistance.
1
Present:
TOWN OF FORT MILL
PLANNING COMMISSION MEETING
June 16, 2026
205 N. White St.
6:00 PM
Chairman Mark Kerr, Vice Chairman Matt Lucarelli, Dan Stout, Jonathan
Hutchinson, Sarah Curtis, Dawn Williams-Zabicki, Director Penelope
Karagounis, Deputy Planning Director Joey Adams-Raczkowski, and Planner
Emily Hawkins
Absent:
Dan Reynolds
Guest:
See attached sign-in sheet
CALL TO ORDER
Chairman Mark Kerr called the Planning Commission meeting to order at 6:04 p.m. on Tuesday, June
16, 2026.
APPROVAL OF MINUTES
Chairman Mark Kerr asked for a motion to approve Planning Commission meeting minutes from May
19, 2026. Commissioner Curtis made the motion to approve. Commissioner Stout seconded the motion.
The motion to approve the minutes from May 19, 2026, was approved by a vote of 6-0.
NEW BUSINESS
NONE
INFORMATION AND DISCUSSION
1. Text Amendments Discussion
Planning Director Penelope Karagounis introduced Jake Petrosky, Community Planning Project
Manager with Bolton & Menk, Inc., who presented an initial overview of the zoning ordinance text
update process. During Mr. Petrosky’s presentation he reviewed the process and project schedule,
the priority issues as identified by the Town Council, the policy framework being followed for the
recommended text amendments, as well as facilitation conversation with the Planning Commission
and discussion of the next steps in the process.
Mr. Petrosky reviewed the five categories of text amendments identified by the Town Council:
1. Development Density (changing how many units, home many square feet, how tall, etc., a
development project can be).
2
2. Trees/Land Conservation (protection of existing, requiring new, incentivizing developing
portions of property and leaving portions untouched, etc.
3. Buffers and Setbacks (i.e., creating more separation from one use to another)
4. Open space/Trails (creating standards for open space, what trails look like, where they go,
etc)
5. Table of Uses (updating the uses allowed in each district, provide alignment with new future
land use plan). Also create a Downtown Core District.
During the text amendment discussions, commission members and Mr. Petrosky covered numerous
topics related to: major / minor subdivisions; the need for open space and buffering standards for all
major residential subdivisions; density bonuses that are in the code now with the commission
preferring to limit these or remove for now then revisit later; cluster / conservation development;
concern expressed over currently allowable lot sizes and minimum; incentivizing more open space in
R-10 and R-15; improved development standards for residential areas in the MXU District;
architectural standards; design review process for commercial develop to possibly include
articulation, stepbacks or alternating setbacks, materials, roof line variation for visual interest;
townhome design and the need for better standards that could include architectural standards,
driveway pairing, tree planting; open space standards and trails; need to preserve flexibility on
size/type of active recreation features.
Mr. Petrosky and Ms. Karagounis discussed next steps to include providing a red-line version of the
ordinance with amendments and a memo that summarizes the proposed amendments prior to the July
meeting. Official action on the draft text amendments is expected in July by the Planning
Commission so that the Town Council will receive the amendments in September. If members have
any additional comments or questions prior to the July meeting, commission members were asked to
send those to Ms. Karagounis.
Note: No actions or votes were taken during this information and discussion.
ADJOURNMENT
With no further business, Commissioner Stout made a motion to adjourn the meeting. Mr.
Hutchinson seconded the motion. The motion to adjourn passed unanimously 6:0.
The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Joey Adams-Raczkowski, Deputy Planning Director
June 30, 2026
3
4
Meeting Type
Meeting Date
Request Type
Case Type
Applicant
Property Owner
Property Location
Tax Map Numbers
Current Zoning
Existing Use
Meeting Information
Planning Commission
July 21, 2026
X
Request Summary
Action (Old Bus.)
Action (New Bus.)
Public Hearing
Executive Session
Info/Discussion
Other
Case Summary
Annexation
Rezoning
Subdivision Plat
X Appearance Review
Text Amendment
Other
Property Information
Patrick Tormeno, BB+M Architecture
Jerry Gronske, Unique USA
104 Williamson Street
0200601051
Mixed Use, MXU
Vacant
Title
Request from Patrick Tormeno, BB+M Architecture representing Unique USA, to grant an additional
Commercial Appearance Review approval of a portion of The Loom project.
Background Information
Site Characteristics
The property is located next to 104 Williamson Street.
Neighboring Uses
Direction
Zoning
North
LC
South
MXU
East
R-10
West
HC
MXU Zoning District
Zoning Summary &
Submission Updates
Existing Use
Commercial and Residential Uses
Redevelopment of Manuf. Bldg.
Church of God
Norfolk Southern Railway
At the last meeting on February 21, 2026, the overall development was
conditionally approved by the PC subject to the conditions that the
parking deck fencing, lighting plan, and fixtures are provided to the
Planning Commission for approval. Currently the applicant is requesting
approval of the parking deck fencing, lighting plan, and fixtures.
5
Applicant Proposal
CYCLE 3 REVISIONS NARRATIVE:
1. BB+M will provide a sample of the parking garage fencing at time of
meeting.
2. See attached diagram better showing the parking deck fixture
specification, height, and overall relationship to the neighboring
houses.
3. Photometric plan of parking deck provided.
Note: An excerpt from Article 4, Section 6 – Lighting, of the zoning
regulations is included with this staff report for the PC’s reference.
Staff
Recommendation
The parking deck lighting plan is in compliance with the height and general
standard provisions of the lighting portion of the zoning regulations.
At this time staff cannot make a recommendation regarding the parking
garage fencing until the sample is provided to the Planning Commission.
Alternatives
1. Grant commercial appearance review approval.
2. Grant commercial appearance review approval with conditions.
3. Deny commercial appearance review approval.
Staff Recommendation
Recommendation
Approval of the parking deck lighting plan (fencing material on hold)
Name & Title
Joey Adams Raczkowski, Deputy Planning Director
Department
Planning Department
01-20-26 1st submission; 01-27-26 2nd submission; 6-30-2026 3rd
Date of Request
submission.
Legislative History
Planning Commission 01-20-2026: Planning Commission – deferred
02-17-2026: Planning Commission – Conditionally Approved
07-21-2026: Planning Commission –
Attachments
•
•
•
•
Aerial map
Parking deck lighting diagram
Parking deck photometrics
Plan set of parking garage for reference
6
Aerial Map
7
A R C H I T E C T U R E
BEACHAM BUNCE + MANLEY ARCHITECTURE PLLC
1900 WEST MOREHEAD STREET
SUITE 200
CHARLOTTE, NC 28208
704.334.1716
WWW.BBM-ARCH.COM
POLE AREA LIGHT SPECIFICATION
PROPOSED PARKING LIGHT FIXTURE WITH SHEILD
GARDCO LIGHTING - ECF-S-48L-900-NW-G2-4HIS
TYPE: LED 4000K
TOTAL WATTS: 675.5W
VOLTAGE: 120
DESCRIPTION:
POLE AREA LIGHT FIXTURE FOR TOP LEVEL PARKING
GARAGE. PROVIDE WITH 48 LED'S (3 MODULES), 14459
LUMENS, 70 CRI, GEN 2 OPTICS, 0-10V DIMMING AND
PHOTOCELL CONTROLS. 25'-0" POLE HEIGHT.
PROPOSED PARKING
LIGHT FIXTURE WITH
SHEILD
THE LOOM AT FORT MILL NEW BUILDING
25'-0"
LIGHT BLEED
LOCATION /
FORT MILL, SC
PROJECT # /
23UNI410
DATE /
DRAWN /
06.30.2026
LC/FC/PT
COPYRIGHT 2026 BB+M ARCHITECTURE PLLC.
REVISIONS
NO.
DESCRIPTION
DATE
PROPOSED PARKING DECK
EXISTING HOUSING
1
A1.000
6/30/2026 4:48:20 PM| C:\Users\lcarlos\Documents\Revit Local Files\23UNI410_Springs Mill_NEW (R24)_lcarlosWTZV3.rvt
8
PROPOSED PARKING DECK
LIGHTING SECTION
NTS
PARKING DECK LIGHTING
DIAGRAM
A1.000
A R C H I T E C T U R E
BEACHAM BUNCE + MANLEY ARCHITECTURE PLLC
1900 WEST MOREHEAD STREET
SUITE 200
CHARLOTTE, NC 28208
704.334.1716
WWW.BBM-ARCH.COM
0.9
1
1.1
2
3
A
A.1
G3
G3
E49
E49
E25
LR1 - 23
Barrett, Woodyard
Associates, Inc.
1255 Crescent Green
Ste. 230 | Cary, NC 27518
Phone: 919-747-9884
B
BWA Project #: 2023-1557
© This drawing is copyrighted. It may
not be reproduced nor used in any
other form or on any other project.
B.1
C
Signed: 03.10.2026
4
5
6
7
8
9
10
10.4
11
11.3
12
100% CONSTRUCTION
DOCUMENTS
THE LOOM AT FORT MILL NEW BUILDING
D
E
LOCATION / FORT MILL, SC
PROJECT # / 23UNI410
DATE / 03.10.2026
DRAWN / JD/AB
COPYRIGHT 2026 BB+M ARCHITECTURE PLLC.
REVISIONS
NO.
DESCRIPTION
DATE
F
F.1
GROUND LEVEL PARKING AREA 1 - LIGHTING
1
GROUND LEVEL PARKING - AREA 1 - LIGHTING
3/32" = 1'-0"
GENERAL NOTES
1
2
3
KEY NOTES
E25 LIGHTING CIRCUIT SHALL BE ROUTED THROUGH PHOTOCELL/TIMECLOCK.
E49 FIXTURES TO BE PROVIDED WITH HOUSE SIDE SHIELDING.
COORDINATE ROUTING OF ALL UNDERGROUND CONDUIT WITH CIVIL ENGINEER. ALL
UNDERGROUND UTILITIES, EASEMENTS AND POWER COMPANY PRIOR TO INSTALLATION.
PROVIDE PULL STRINGS FOR EMPTY CONDUITS.
ALL SITE LIGHTING CIRCUITS SHALL BE #10 AWG IN 3/4" CONDUIT UNLESS NOTED
OTHERWISE.
N-E2.01B
9
GENERAL NOTES
1
2
3
COORDINATE ROUTING OF ALL UNDERGROUND
CONDUIT WITH CIVIL ENGINEER. ALL UNDERGROUND
UTILITIES, EASEMENTS AND POWER COMPANY
PRIOR TO INSTALLATION.
PROVIDE PULL STRINGS FOR EMPTY CONDUITS.
ALL SITE LIGHTING CIRCUITS SHALL BE #10 AWG IN
3/4" CONDUIT UNLESS NOTED OTHERWISE.
A R C H I T E C T U R E
BEACHAM BUNCE + MANLEY ARCHITECTURE PLLC
1900 WEST MOREHEAD STREET
SUITE 200
CHARLOTTE, NC 28208
704.334.1716
WWW.BBM-ARCH.COM
D
Barrett, Woodyard
Associates, Inc.
1255 Crescent Green
Ste. 230 | Cary, NC 27518
Phone: 919-747-9884
E49
G3
BWA Project #: 2023-1557
© This drawing is copyrighted. It may
not be reproduced nor used in any
other form or on any other project.
E
Signed: 03.10.2026
100% CONSTRUCTION
DOCUMENTS
KEY NOTES
F
F.1
E25 LIGHTING CIRCUIT SHALL BE ROUTED THROUGH
PHOTOCELL/TIMECLOCK.
E49 FIXTURES TO BE PROVIDED WITH HOUSE SIDE
SHIELDING.
THE LOOM AT FORT MILL NEW BUILDING
E25
LR1 - 24
G3
LOCATION / FORT MILL, SC
PROJECT # / 23UNI410
DATE / 03.10.2026
DRAWN / JD/AB
COPYRIGHT 2026 BB+M ARCHITECTURE PLLC.
REVISIONS
G3
NO.
DESCRIPTION
DATE
GROUND LEVEL PARKING AREA 2 - LIGHTING
1
N-E2.01C
GROUND LEVEL PARKING - AREA 2 - LIGHTING
3/32" = 1'-0"
10
Luminaire Schedule
Symbol
Qty
43
24
Calculation Summary
Label
BASEMENT PARKING_Floor
ENTRANCE
ENTRANCE 2
Label
Arrangement
B
B1
Single
Single
CalcType
Illuminance
Illuminance
Illuminance
Luminaire
Lumens
10142
19325
Units
Fc
Fc
Fc
LLF
0.900
0.900
Avg
12.39
61.93
70.98
Luminaire
Watts
75.1
151.7
Max
54.6
72.3
86.5
Total
Watts
3229.3
3640.8
Min
2.7
48.1
55.6
Description
[MANUFAC]
SVPG-9L-740-5RD
SVPG-17L-740-5CD
Gardco by Signify
Gardco by Signify
Avg/Min
4.59
1.29
1.28
Max/Min
20.22
1.50
1.56
19.1
10.0
Point Spacing
10
10
10
TARGETING: IES AND AS SPECIFIED
- 46 FC MIN. IN TRANSITION ZONE
- 5-7 FC AVG.
-1 FC MIN.
Calc. Plane Height
0
0
0
In general, SESCO Lighting considers numerical studies to be predictive in
that they cannot characterize the visual performance of any luminaire, single
or grouped. As such, specification decisions must be thoroughly based upon
experience, consultation with the manufacturer, and, above all, common sense.
Contact: (984) 206-2164
Processed By: Jason Lynch
3
A
A.1
ENTRANCE 2
B1
B1
74.9
79.0
MH: 14.5
MH: 14.5
49.5
B
33.9
23.1
MH: 14.5
12.5
21.6
13.1
23.5
40.5
B1
B1
77.4
86.5 B1
79.1 B1
60.7
MH: 14.5
MH: 14.5
MH: 14.5
MH: 14.5
11.5
21.1
37.7
B1
B1
64.7
74.8 B1
74.4 B1
55.6
MH: 14.5
MH: 14.5
MH: 14.5
MH: 14.5
B.1
C
24.4
B
16.7
MH: 14.5
41.4
10.2
23.1
11.0
4
50.3
B25.8 15.75
MH: 14.5
42.4
15.4
15.9
8.8
8.1
B
13.0
11.7
MH: 14.5
6.6
B
10.1
MH: 14.5
10.3
7.4
6.2
B
8.2
6.8
MH: 14.5
B
9.3
9.8
MH: 14.5
9.2
10.3
10.3
10.3
10.5
10.5
10.2
9.3
8.2
7.3
10.0
9.6
10.0
10.0
BASEMENT PARKING_Floor
9.7
10.3
10.1
9.6
9.4
8.9
10.6
10.4
10.4
44.3
26.8
16.8
13.5
12.2
10.8
10.5
10.3
9.8
10.0
B
7.3MH: 14.5
7.3
83.6
6.3
9.6
10.9
4.2
5.6
B
9.6
MH: 14.5
11.5
5.5
5.6
9.2
12.5
5.5 7
7.6
9.7
14.2
6.0
6.1
B
9.7
MH: 14.5
18.4
B 17.3 13.5
6
MH: 14.5
6.0
9.4
26.8
31.7
7.3
9.9
44.2
B
10.3 MH:
9.814.5
5.6
B
MH: 14.5
6.8
6.7
3.1
4.0
9
3.4
5.9
10.3
B
MH: 14.5
5.8
6.7
3.1 10 10.4
3.9
3.2
6.6
8.1
7.4
B
MH: 14.5
6.3
B
MH:
9.414.510.0
10.2
10.0
9.5
9.3
3.2 12 3.7
8.9
10.6
10.9
10.6
9.7
B
MH: 14.510.8
11.1
10.6
10.1
9.7
8.3
10.8
10.8
11.1
10.6
9.5
9.4
10.5
11.2
11.2
11.0
B
MH:
8.0 14.5
3.3 11.34.0
11
5.0
B
6.6
4.7
MH: 14.5
5.0
D
2.9
6.1
8.3
2.8
6.8
9.0
2.9
E
9.9
B
MH: 14.5
5.9
5.9
B 8.5
MH: 14.5
B
MH: 14.5
11.9B
9.5
11.4
B
9.3
MH: 14.5
10.8
9.7
8.1
11.6
11.5
B
MH: 10.5
14.5
10.9
11.8
11.7
12.0
12.2
11.7
MH: 14.5
7.6
10.1
11.3
11.3
10.4
10.1
10.8
5.6
6.8
10.3
11.0
11.1
11.1
11.1
10.0
10.6 MH:
12.2
14.512.4
13.2
14.1
15.3
17.0
13.0
8.7
10.4
9.4
11.6
11.3
10.6
13.7
14.4
16.9
21.5
26.4
26.6
B
MH:
14.5
14.8
20.2
12.3
11.5
30.0
44.0
10.6
11.4
11.7
8.7
10.6
B
MH: 14.5
12.7
13.3
9.7
9.8
11.4
13.5
B
B
MH: 14.5
6.7
B
MH: 14.5
5.3
5.9
7.3
6.6
6.5
9.7
B11.0 11.5
MH: 14.5
4.1
6.3
7.0
7.6
8.8
9.6
10.4
F
F.1
4.4
B
MH: 14.5
5.4
6.8
7.6 B
8.5
MH: 14.5
5.1
6.8
8.3
9.5
3.5
5.3
6.7
7.7
4.6
6.3
4.4
B8.2
10.3
MH: 14.5
7.9
6.3
3.7
10.4
B
MH: 14.5
40.7
29.4
13.8
15.1
10.0
B
MH:
10.5 14.5
18.9
B153.0
MH: 14.5
B1
10.9
23.0
36.4 B1
48.0
35.0
50.9
66.6 MH:
67.8
14.5
B1
MH: 14.5
B1 ENTRANCE
MH: 14.5
15.3
17.9
26.5
54.6
B1 60.251.1 32.7
B
MH:
63.1 14.5
72.2
72.3
B1
MH: 14.5
MH: 14.5
B1
MH: 14.5
13.6
13.9
16.5
21.9
53.0
B1
MH: 14.5
B
70.2
66.1
48.1
B1
MH:
14.5
MH: 14.5
B1
MH: 14.5
12.5
14.5
17.2
21.2
28.8
MH:52.6
14.5
B1
MH: 14.5
B
10.0
14.0
15.1
17.7
15.0
28.1
MH: 14.5
9.1
9.3
7.3
B
MH:
7.8 14.5
9.7
10.1
5.3
7.0
8.4
8.7
9.7
6.8
8.9
2.7
6.4
6.3
7.7
8.9
8.8
8.5
4.4
6.1
6.7
6.6MH: 14.5
4.4
4.6
B
MH: 14.5
B
PHOTOMETRY- PARKING GARAGE
Scale: 1 inch= 20 Ft.
21.7
SPRINGS MILL
BASESMENT PARKING
B
38.4
MH: 14.5
B1
B1
61.9
62.7
MH: 14.5
MH: 14.5
Office: RALEIGH
B
7.0
Sales Rep: CHRIS KERAVUORI
13.6
Date:3/4/2026
Page 1 of 1
11
Filename: 03 03 2026 SPRINGS MILL BASEMENT PARKING.AGI
This laboratory performance will always differ from that observed in the field
due to a great number of variables, both known and unknown (installation
methods, power quality, lamping, recoverable and non-recoverable light loss
factors, etc.)
Disclaimer:
SESCO Lighting provides this photometric report for purposes of comparison
within the SESCO Lighting product line only. The information provided is
based on standardized industry procedures.
Room Summary
Label
Type
Wall Height
BASEMENT PARKING
Polygon-Flat
14.5
NOTES:
- WHEN THE LLF IS NOT 0.9 OR 1.0 THE WATTAGE INFORMATION WILL BE CONSIDERED AS APPROXIMATE.
- MODEL USES REFLECTANCES OF 80/50/20 U.N.O. GARAGE WALLS WERE SET TO ZERO REFLECTACE
- LUMINAIRES WERE DEFINED WITH PROPOSED OUTPUTS AND OPTICS
- LUMINAIRES WERE PLACED AT PROPOSED LOCATIONS
Luminaire Schedule
Symbol
Qty
5
Calculation Summary
Label
GROUND PARKING
Label
Arrangement
A
Single
Luminaire
Lumens
14459
LLF
Luminaire
Watts
135.1
1.000
Total
Watts
675.5
Description
[MANUFAC]
ECF-S-48L-900-NW-G2-4-HIS
Gardco
TARGETING: .2 FC MIN, 20:1 MAX/MIN
CalcType
Illuminance
Units
Fc
Avg
1.47
Max
4.0
Min
0.3
Avg/Min
4.90
Max/Min
13.33
Point Spacing
10
Calc. Plane Height
0
This laboratory performance will always differ from that observed in the field
due to a great number of variables, both known and unknown (installation
methods, power quality, lamping, recoverable and non-recoverable light loss
factors, etc.)
In general, SESCO Lighting considers numerical studies to be predictive in
that they cannot characterize the visual performance of any luminaire, single
or grouped. As such, specification decisions must be thoroughly based upon
experience, consultation with the manufacturer, and, above all, common sense.
Contact: (984) 206-2164
Processed By: Jason Lynch
Disclaimer:
SESCO Lighting provides this photometric report for purposes of comparison
within the SESCO Lighting product line only. The information provided is
based on standardized industry procedures.
NOTES:
- WHEN THE LLF IS NOT 0.9 OR 1.0 THE WATTAGE INFORMATION WILL BE CONSIDERED AS APPROXIMATE.
- MODEL USES REFLECTANCES OF 80/50/20 U.N.O.
- LUMINAIRES WERE DEFINED AS SPECIFIED OUTPUTS AND PROPOSED OPTICS
- LUMINAIRES WERE PLACED AT PROPOSED LOCATIONS
- LUMINIAIRES ARE SHOWN 2X FOR CLARITY
A
A
MH: 25
0.3
0.6
0.9
1.4
2.1
2.9
3.7
4.0
3.4
2.5
1.8
1.2
0.8
0.4
0.3
0.3
0.5
0.8
1.3
1.8
2.6
3.5
4.0
3.6
2.0
0.4
0.7
1.0
1.4
1.9
2.6
3.1
3.2
2.9
2.2
1.6
1.2
0.9
0.6
0.5
0.5
0.7
0.9
1.2
1.7
2.3
3.0
3.2
3.1
2.5
1.8
1.3
0.4
0.7
0.9
1.2
1.6
2.0
2.3
2.4
2.2
1.8
1.4
1.1
0.8
0.6
0.5
0.5
0.7
0.9
1.1
1.5
1.9
2.2
2.4
2.3
1.9
1.6
1.2
0.9
0.7
B
B.1
GROUND PARKING
0.4
0.6
0.8
1.0
1.3
1.5
1.7
1.7
1.6
1.4
1.2
0.9
0.8
0.6
0.5
0.5
0.6
0.8
1.0
1.2
1.4
1.6
1.7
1.7
1.5
1.3
1.1
0.9
0.7
0.4
0.5
0.7
0.8
1.0
1.1
1.2
1.2
1.1
1.0
0.9
0.8
0.7
0.5
0.4
0.4
0.5
0.7
0.8
0.9
1.1
1.2
1.2
1.2
1.2
1.1
1.0
0.8
0.7
0.5
0.4
0.4
4
0.6
0.7
0.7
0.8
0.8
0.8
6
0.8
0.8
0.7
0.6
0.5
8
0.4
0.3
9
0.4
0.4
0.6
10 10.4
0.7
0.7
11 11.3
0.8
0.9
0.9
0.9
0.8
0.8
0.7
0.7
0.7
0.7
1.0
0.9
0.9
0.9
0.9
1.0
1.1
1.3
1.5
1.0
1.0
1.0
1.0
1.1
1.1
1.3
1.6
2.1
2.8
1.0
1.1
1.1
1.1
1.3
1.5
1.8
2.4
3.2
3.9
A
3.425
MH:
1.1
1.2
1.2
1.3
1.4
1.6
1.8
2.3
3.0
3.4
3.7
3.0
1.4
1.4
1.5
1.4
1.5
1.5
1.8
2.1
2.5
2.9
3.0
2.6
2.0
1.8
1.9
1.8
1.7
1.5
1.5
1.6
1.8
2.1
2.3
2.3
2.1
1.8
1.4
0.9
2.5
2.5
2.3
2.0
1.5
1.5
1.5
1.6
1.7
1.8
1.9
1.8
1.7
1.5
1.2
0.7
3.3
3.3
2.9
2.3
1.9
1.6
1.5
1.4
1.4
1.4
1.5
1.6
1.6
1.6
1.5
1.3
1.0
0.7
3.9
3.3
2.5
1.9
1.6
1.4
1.3
1.3
1.3
1.4
1.5
1.5
1.5
1.5
1.4
1.2
1.0
A
MH: 25
3.2
3.1
2.4
1.7
1.4
1.2
1.2
1.2
1.2
1.3
1.4
1.5
1.6
1.7
1.6
1.5
1.2
1.5
1.9
1.6
1.3
1.1
1.0
1.0
1.1
1.2
1.3
1.5
1.8
2.0
2.0
1.9
1.6
0.9
0.9
0.9
0.9
0.9
1.0
1.1
1.3
1.7
2.1
2.5
2.8
2.6
2.0
0.4
0.5
0.6
0.7
0.9
1.1
1.3
1.8
2.4
3.0
3.5
3.3
0.3
0.5
0.6
0.8
1.0
1.4
1.8
2.6
3.4
4.0
C
5
7
12
1.0
D
E
F
1.4
Office: RALEIGH
A
MH: 25
Sales Rep: CHRIS KERAVUORI
A.1
A
MH: 25
0.6
PHOTOMETRY- PARKING LOT
Scale: 1 inch= 20 Ft.
0.8
1.0
1.3
1.7
2.4
3.1
0.7
0.9
1.2
1.5
1.9
2.4
0.7
1.0
1.4
2.9
0.8
SPRINGS MILL
GROUND PARKING
F.1
Date:3/4/2026
Page 1 of 1
12
Filename: 03 03 2026 SPRINGS MILL GROUND PARKING.AGI
3
1)
2)
Areas:
A)
Screening of refuse collection facilities shall provide secure, safe, and sanitary facilities for the
storage and pickup of refuse. Such facilities shall be convenient to collection and shall be
appropriate to the type and size of use being served. All refuse storage facilities shall be screened
on three sides by a solid wooden fence or masonry wall and a tight evergreen hedge. The fourth
side shall be angled to minimize the view of the refuse collection facility or shall be screened by
an opaque gate made of durable materials. The screening shall be of sufficient height and design
to effectively screen the facility from the view of nearby residential uses, streets, adjacent
properties, and recreational facilities.
B)
Non-power utility fixtures (excluding transmission poles), substations, and exposed metal
cabinets above five feet in height, shall be screened from public roads and adjoining developed,
non-industrial property except as required for proper equipment operation, security, code
compliance, access and maintenance.
All service areas affected by this article shall be provided with a visual screen consisting of fences,
landscaped berms or landscaping, or a combination of these meeting or exceeding the following
minimum standards:
A)
The screening shall be at least one foot higher than the item to be screened, and shall extend
along the entire perimeter of the service area, exclusive of accessways.
Sec. 6. Lighting standards.
1)
2)
Purpose and applicability.
a.
Purpose. The intent of this section is to improve safety and preserve the quality of life in the Town of
Fort Mill by achieving the following objectives with respect to lighting: to minimize light pollution,
glare, and light trespass on to neighboring properties; to conserve energy and resources while
maintaining night-time safety and utility; and to curtail the degradation of the night-time visual
environment.
b.
Applicability. This section shall apply to all new development in the Town of Fort Mill subject to the
town's zoning codes, unless otherwise specified. When a building, structure, or lighting fixture is
extended, enlarged, or reconstructed after the effective date of this chapter, the applicable lighting
standards shall apply with respect to such.
General standards.
a.
Unless exempted by the provisions of this section, the following standards shall apply to lighting
fixtures in all zoning categories and applications.
1.
Lighting fixture heights are measured from ground level to the top of the fixture.
2.
All lighting fixtures shall be full-cutoff certified.
3.
All lighting fixtures shall have internal visors/panels or external visors that control offsite light
spill and glare.
4.
The orientation of all lighting shall be downward; provided, however, churches, temples,
mosques, and other such places of worship may orient some lights upward onto specific
architectural components of the structure (such as steeples or domes).
5.
Accent lighting for sculptures, statues, trees, landscaping features, flags, signs, and entrances
may orient light upward, provided that the directed light shall be substantially confined to the
Created: 2022-06-14 15:53:58 [EST]
(Supp. No. 6)
Page 2 of 4
13
object intended to be illuminated to minimize glare, sky glow, and light trespass. Accent lighting
shall not shine directly into the window of a neighboring structure or directly onto a roadway.
3)
The following types of lighting features shall be prohibited: search lights, strobe lights, laser
source lights, or any similar high-intensity or flashing light, except in emergencies by police and
fire personnel or at their direction.
1.
Eighteen feet in the local commercial (LC) zoning district.
2.
Twenty-eight feet in the light industrial (LI), general industrial (GI), and highway commercial (HC)
zoning districts, as well as non-residential uses within mixed use (MXU) zoning districts.
The planning director may approve lighting fixtures up to 35 feet in height if the following conditions
are met:
1.
The area of development is at least five acres in size; and
2.
The property is located within the following zoning districts: Light industrial (LI), general industrial
(GI), and highway commercial (HC). Property located within the mixed use (MXU) zoning district
may be approved if the proposed use is non-residential; and
3.
The total square footage of any building or buildings to be constructed on the property shall be at
least 50,000 square feet; and
4.
The applicant shall submit a lighting plan, certified by a licensed lighting engineer, demonstrating
that lighting levels shall not exceed 0.5 foot-candles along any public right-of-way or any shared
property line.
Maximum lighting fixture height in residential zoning districts.
a.
Except as provided below, lighting fixtures in any residential zoning district, including residential uses
within the mixed use (MXU) zoning district, shall not exceed 16 feet in height.
b.
Lighting fixtures mounted on any building in a residential zoning district may not be mounted above
the 1st floor of the building; however, this restriction shall not apply to any single-family residence.
Decorative or aesthetic lighting fixtures.
a.
6)
7.
Except as provided below, lighting fixtures in nonresidential zoning districts shall not exceed the
following height:
b.
5)
To control light spill and glare, lighting fixtures shall be properly aimed when installed, and
proper aiming shall be maintained at all times.
Maximum lighting fixture height in nonresidential zoning districts.
a.
4)
6.
The planning director may approve decorative or aesthetic lighting fixtures, including those that do not
orient all light downward, if the following conditions are met:
1.
The fixtures shall not exceed the maximum height as outlined in this section;
2.
The fixtures shall offer a design element that is complimentary to the architectural style of the
adjacent building(s); and
3.
The fixtures shall not negatively impact neighboring residential properties or any public right-ofway.
Lighting exempt from these standards.
a.
The following types of lighting shall be exempt from the standards set forth in this section:
Created: 2022-06-14 15:53:58 [EST]
(Supp. No. 6)
Page 3 of 4
14
1.
Lighting within swimming pools or other water features that are governed by South Carolina
Department of Health and Environmental Control regulations;
2.
Exit signs, stairs, ramps, and other illumination required by building codes;
3.
Emergency room entrances;
4.
Airport lighting;
5.
Lighting of the American flag; and
6.
Any lighting fixture that is exempt from the provisions of this section by state and/or federal law.
(Ord. No. 2010-05, § I, 3-8-10)
Sec. 7. Sidewalks and walkpaths.
To provide safe pedestrian access, sidewalks, and walkpaths shall be constructed in locations as may be
required by the planning board. When required, sidewalks shall be four feet wide and walkpaths shall be three feet
wide.
Sec. 8. Additional screening, landscaping, buffering.
The Planning Board shall retain the right to require additional screening, landscaping, or buffering as deemed
necessary to protect adjacent land uses from glare.
Sec. 9. Administration.
Prior to the issuance of a building permit, a developer shall present to the Fort Mill Planning Commission a
plan demonstrating significant trees and the plan for protection of such trees and installation of proper
landscaping measures as required by this ordinance. Failure to present adequate information or the presentation
of knowingly false information shall be grounds for denial of a building permit.
Created: 2022-06-14 15:53:58 [EST]
(Supp. No. 6)
Page 4 of 4
15
Meeting Type
Meeting Date
Request Type
Case Type
Meeting Information
Planning Commission
June 21, 2026
Request Summary
Action (Old Bus.)
X Action (New Bus.)
Public Hearing
Executive Session
Case Summary
Annexation
Rezoning
Subdivision Plat
Appearance Review
Info/Discussion
Other
X
Text Amendment
Other
Title
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE
II, REQUIREMENTS BY DISTRICTS, SECTION 28, TCP TRANSPORTATION CORRIDOR
PRESERVATION OVERLAY DISTRICT; SO AS TO UPDATE THE REGULATIONS TO INCLUDE THE
PROJECTS FOR PENNIES 5
Background Information
Background
1.
2.
3.
As has been proposed and adopted in previous ordinances for prior rounds
of Pennies for Progress projects, the Town is proposing to update the
locations for the TCP Transportation Corridor Preservation Overlay District
so as to cover those areas applicable to Pennies 5 (2024) projects. York
County, who runs the Pennies for Progress program, has adopted their
own overlay to cover and protect those properties. Historically, the Town
has waited for York County to define those regulations necessary for the
Town’s projects via their own ordinance adoption with the Town following
suit.
Suggested Motion List
Recommend approval of the ordinance adopting the amendments to the TCP Transportation
Corridor Preservation Overlay District.
Recommend approval of the ordinance adopting the amendments to the TCP
Transportation Corridor Preservation Overlay District with modifications.
Recommend denial of the ordinance.
16
Staff Contact
Title
Department
Staff Contact
Chris Pettit, AICP
Assistant Town Manager
Administration
Attachments
•
Draft Ordinance
17
STATE OF SOUTH CAROLINA
TOWN COUNCIL FOR THE TOWN OF FORT MILL
ORDINANCE NO. 2026-___
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE
II, REQUIREMENTS BY DISTRICTS; SECTION 28, TCP TRANSPORTATION CORRIDOR
PRESERVATION OVERLAY DISTRICT; SO AS TO UPDATE THE REGULATIONS TO INCLUDE THE
PROJECTS FOR PENNIES 5
Pursuant to the authority granted by the Constitution and the General Assembly of the State of
South Carolina, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF FORT MILL:
SECTION I. The Zoning Ordinance for the Town of Fort Mill; Article II, Requirements By Districts;
Section 28, TCP Transportation Corridor Preservation Overlay District; Subsection 6, List of Roads;
is hereby amended to add the following table:
Pennies 5 (2024 Pennies for Progress)
Minimum Preservation
Corridor Limits
US 21 (Five lane widening)
From Hwy 160 to Sutton Road 170 feet
Fort Mill Parkway (Five lane From railroad bridge to 170 feet
widening)
Holbrook Road
Project Description
Location
SECTION II. Severability.
If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional, or
otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be
affected thereby.
SECTION III. Conflicting Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby
repealed.
SECTION IV. Effective Date.
This ordinance shall be effective from and after the date of adoption.
End of Ordinance – Signature Page to Follow
18
SIGNED AND SEALED this _____ day of ___________________, 2026, having been duly adopted
by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2026.
First Reading:
Public Hearing:
Second Reading:
TOWN OF FORT MILL
LEGAL REVIEW
ATTEST
______________________________
Barron B. Mack, Jr, Town Attorney
______________________________
Casey O’Brien, Municipal Clerk
______________________________
Guynn H. Savage, Mayor
19
Meeting Type
Meeting Date
Meeting Information
Planning Commission
July 21, 2026
Request Type
Case Type
Request Summary
Action (Old Bus.)
X Action (New Bus.)
Public Hearing
Executive Session
Case Summary
Annexation
Rezoning
Subdivision Plat
Appearance Review
Info/Discussion
Other
X
Text Amendment
Other
Title
Request from the Town of Fort Mill for various text amendments to amend the Zoning Ordinance
as it relates to development densities, buffers and setbacks, tree conservation, open space /
trails, table of uses, and the downtown core district.
Background Information
Background &
Discussion
See the attached Text Amendment Summary and Technical Memorandum
Detail for a description of the background information as well as a summary
of each proposed text amendment.
A red lined version of the Zoning Ordinance reflecting the specific language
of the proposed text amendments has also been attached to this staff
report.
1.
2.
3.
Planning Commission Alternatives
Recommend approval of the text amendments
Recommend approval of the text amendments with certain modifications
Recommend denial of the text amendments
Planning Commission
First Reading
Public Hearing
Second Reading
Effective Date
Legislative History
7/21/2026
9/14/2026 proposed
9/14/2026 proposed
9/28/2026 proposed
Upon adoption
20
Attachments
•
•
•
Text Amendment Summary
Technical Memorandum Detail
Redlined version of the Zoning Ordinance
21
Fort Mill Zoning Amendments Summary
Draft July 13, 2026
The recommended amendments respond to the recently adopted Comprehensive Plan and
Downtown Master Plan, recent development trends, and policy direction from Town staff, the
Planning Commission, and Town Council. Collectively, the amendments modernize
development regulations, improve ordinance clarity, and advance the Town’s vision for future
growth, development character, conservation, and open space. The amendments are organized
into six primary topic areas.
Density & Design
• DD-1: Legacy Districts – Convert RT-4, RT-12, GR, and GR-A zoning districts to legacy
districts.
• DD-2: Residential Design Standards – Rename Article IV as Landscaping and
Development Standards, establish Residential Design Standards, add open space and
tree preservation requirements, and create townhome standards related to design,
building form, materials, garages, parking, and sidewalks.
• DD-3: Planned Neighborhood Development (PND) Updates – Reduce maximum density
from 8 to 3 dwelling units per acre (a change of 62.5%), remove density bonuses, revise
conservation land standards, and add standards for alley-loaded development.
• DD-4: Mixed Use Development (MXU) Updates – Increase lot size, lot width, and setback
standards and reduce height maximums for residential development and add improved
open space requirements (see OST-2).
• DD-5: RT-8 District Updates – Increase lot size and setback requirements, clarify housing
standards, and reduce maximum building height to 35 feet.
Buffers
• B-1: Land Use Buffers – Establish landscaped buffer transition yards between land uses,
with buffer widths ranging from 10 to 35 feet.
• B-2: Residential Frontage Buffers – Establish frontage treatments for major residential
subdivisions, including landscaped buffers, greenways, meadows, and tree-lined streets.
Tree Conservation
• TC-1: Tree Canopy Preservation – Require preservation of at least 10% of existing tree
canopy in major residential subdivisions.
• TC-2: Heritage and Historic Tree Surveys – Require surveys identifying Heritage and
Historic Trees during development review.
• TC-3: Tree Preservation and Mitigation – Require preservation of 25% of heritage and
historic trees and replacement planting for tree removals.
• TC-4: Street Trees – Establish street tree planting requirements along existing and
proposed public streets.
22
Open Space & Trails
• OST-1: Open Space Requirements – Establish a minimum 15% open space requirement
for most major residential subdivisions.
• OST-2: Improved Open Space – Require improved open space amenities based on
subdivision size, including parks, playgrounds, greens, plazas, and recreational facilities.
• OST-3: Open Space Graphics – Add graphics illustrating qualifying open space types and
amenities.
• OST-4: Open Space Standards – Clarify design and access requirements and limit what
features may count toward required open space.
• OST-5: Sidewalks, Greenways, and Trails – Require five-foot sidewalks and establish
standards for paved greenways and trails.
• OST-6: Parks and Greenways – Expand allowances for parks and greenways as accessory
and principal uses.
• OST-7: Planned Cluster Development (PCD) Updates – Allow conservation subdivisions,
require 40% open space preservation, reduce allowable density, establish lot size
standards, and require site analysis mapping to document existing natural resources.
Permitted Uses
• PU-1: Table of Permitted Uses – Create a consolidated Table of Permitted Uses and
remove separate district use lists.
• PU-2: New and Updated Uses – Add and regulate uses such as accessory dwelling units,
after-school programs, event centers, pet daycare facilities, data centers, solar farms,
smoke shops, gyms, and commercial kitchens.
• PU-3: Use Table Cleanup – Consolidate hotel use classifications and remove Planned
Cluster Development from the permitted use table.
Downtown Core District
• DC-1: Downtown Core District Creation – Establish a new Downtown Core zoning district
to implement the Downtown Master Plan.
• DC-2: Downtown Core Uses – Establish permitted and conditional uses through the
Table of Permitted Uses.
• DC-3: Downtown Core Development Standards – Establish standards for building
placement, height, parking, buffers, open space, streetscape elements, materials, and
façade transparency.
23
Fort Mill Zoning Amendments Technical Memo
Draft July 10, 2026
Introduction
This technical memo outlines recommended amendments to the Fort Mill Zoning Ordinance in
response to the recently adopted Comprehensive Plan and Downtown Plan, as well as recent
development trends and policy direction from Town staff, Planning Board, and Town Council.
The recently adopted plans establish a framework for future land use, development character,
and investment priorities. At a special meeting on March 31, 2026, Town Council adopted
Ordinance 2026-19, establishing a temporary moratorium on the acceptance and processing of
certain development-related applications. The moratorium will remain in effect through
September 30, 2026, at 11:59 PM, unless extended by Town Council, providing time to evaluate
existing standards and ensure that future growth aligns with community goals related to land
use, design, and infrastructure. This memo summarizes key issues identified in the current
ordinance, presents targeted priorities, and provides recommended text amendments intended
to modernize development regulations, improve clarity and usability, and support
implementation of the Town’s long-term vision.
Amendment Priorities
•
•
•
•
•
Development Density: District allowances or use standards will be reviewed and
amended. Housing density, lot size, square footage of non-residential or mixed-use
structures, building height, width or depth standards may be adjusted.
Buffers and Setbacks: Required buffers and setbacks for districts and specific uses will
be reviewed and revised.
Tree Conservation: Provisions for protection of existing trees, requirements for new
plantings, incentives for developing portions of property and preservation of mature
trees and canopy will be reviewed and revised. Further recommendations may be
provided to guide administration of updated processes or requirements.
Open Space / Trails: Current requirements and design standards for open space will be
reviewed and revised to support the implementation of the Comprehensive Plan and
specifically the goal of integrating trails, open spaces, and amenities into the
community. Updated policies and standard related to trail design and connectivity will
be included in draft amendments.
Table of Uses: Article II will be updated to include a Table of Permitted Uses that notes
permitted and conditional uses by district. Minor updates to allowable uses will be
suggested to provide alignment with the new future land use plan. Consolidation of uses
and/or the addition of new uses may be necessary. It is anticipated that a subset of
changes needed will be carried forward in text amendments under this contract and
additional amendments and/or remapping may be needed in the future.
24
•
Downtown Core District: Create a Downtown Core District, including purpose,
permitted uses, conditional uses, and other requirements. This district will be outlined
in a proposed amendment and a map will be created to illustrate potential applicability.
The Town will need to rezone the current LC parcels in the downtown area once district
is created, however the remapping may occur at a future time (after amendments are
adopted).
Recent Amendments
There have been four text amendments that were adopted between 2022 and 2024 and have
yet to be incorporated into the ordinance. These will be incorporated into the text of the zoning
ordinance. These amendments are listed below.
A-1: Ordinance 2022-03 — Signs
•
Comprehensively revised the Town’s sign regulations, including the elimination of pole
signs, updates to temporary sign provisions, new sign definitions, and revised standards
for electronic and freestanding signs.
A-2: Ordinance 2023-18 — Signs
•
Amended election sign regulations to require the removal of election signs within 48
hours following an election.
A-3: Ordinance 2024-22 — Definitions
•
Updated medical-use definitions, added a definition for ambulatory surgical facilities,
and established off-street parking requirements for ambulatory surgical facilities.
A-4: Ordinance 2023-17 / 2022-30 — Mobile Food Vendors
•
Established and refined regulations for mobile food vendors, including approval
procedures, locational and operational standards, and conditional use requirements.
The 2023 amendment further expanded eligible locations for mobile food vendor
operations.
Density and Design
Zoning District Structure
The current Zoning Ordinance outlines 10 residential districts, 7 nonresidential districts, 6
special purpose districts, and 6 overlay districts.
Table 1: Current Zoning Districts
Residential Districts
Non-residential and
Mixed Use Districts
25
Special Purpose Districts
R-25 - One-family Residential
District
R-15 - One-family Residential
District
R-12 - One-family Residential
District (defunct?)
R-10 - One-family Residential
District
GR - Residential District
GR-A - General Residential-A
District
R-5 – Residential
RT-4 - Residential District
RT-8 - Residential District
RT-12 - Residential District
LC - Local Commercial
District
HC - Highway Commercial
District
GI - General Industrial
District
TC - Transitional
Commercial District
LI - Limited Industrial
District
UD - Urban Development
District
INST – Institutional District
PCD - Planned Cluster
Development District
PND - Planned
Neighborhood
Development District
MHP - Mobile Home
District
HP - Historic Preservation
District
MXU - Mixed Use
Development District
Overlay Districts
SHPD - Scenic Highway Planned Development District
COD/COD-N - Corridor Overlay District
TCP - Transportation Corridor Protection Overlay District
RC - Resource Conservation District
TC - Transitional Commercial District (Duplicates in ordinance)
THCD - Tom Hall Street Corridor District
Zoning District Summary
The R-5 District is defined as a legacy district in Art. 1, Sec. 5. Many districts are not used,
seldom used, or not intended for future use. Unmapped districts include the RT-4, RT-12, and
MHP districts. In addition to the legacy district (R-5) and the unmapped districts, there are five
residential districts (RC, R-12, GR, GR-A, RT-8) that cover 210 acres or less.
26
Figure 1: Zoning District Summary Chart
Zoning District Summary (Acres)
7,000.00
5,814
6,000.00
5,000.00
4,000.00
3,000.00
2,000.00
789
1,000.00
-
35
272
1,258
916
11
725
166
RC R-25 R-15 R-12 R-10 R-5
70
210
39
3
GR GR-A RT-8 PND MXU UD INST
639
85
LC
512
22
HC
LI
GI
Dimensional Standards
Dimensional standards (e.g. lot size, setbacks, height) vary by zoning district. Some traditional
residential districts establish a minimum lot area that corresponds with the name of the district
(e.g. R-5 has a minimum lot area of 5,000 square feet and R-10 has a minimum lot area of
10,000 square feet). Other districts set a maximum gross density and other districts vary by
development type.
Table 2: Dimensional Standards Summary Table
District
R-25
R-15
R-12
R-10
R-5
GR
GR-A
RT-4
Density
25,000 square feet
15,000 square feet
12,500 square feet
10,000 square feet
5,000 square feet
10 dwelling units per acre
8 dwelling units per acre
Max gross density of 4 DUA
Min lot size based on housing type:
1,500 sq ft for SF Attached, 1,000 for
SF Detached w/ rear alley loaded
access
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Density Type
Minimum Lot Area
Minimum Lot Area
Minimum Lot Area
Minimum Lot Area
Minimum Lot Area
Maximum Density (gross)
Maximum Density (gross)
Maximum Density (gross), Minimum Lot
Area Variable by Development Type
RT-8
RT-12
PCD
PND
MXU
UD
Max gross density of 8 DUA
Min Lot size based on housing type:
1,500 sq ft for SF Attached, 1,000 for
SF Detached w/ rear alley loaded
access, 5,000 sf for all other uses
Max gross density of 12 DUA
Min lot size based on housing type:
1,500 sq ft for SF Attached, 1,000 for
SF Detached w/ rear alley loaded
access, 5,000 sf for all other uses
6 dwelling units per acre for GR and
GR-A districts, 8 dwelling units per
acre for HC and LC districts
8 dwelling units per acre and 20% for
density bonus
Varies by Development type
28 dwelling units per acre for
residential uses, or 10,000 square
feet per acre for commercial, and
Mixed-use bonus
Maximum Density (gross), Minimum Lot
Area Variable by Development Type
Maximum Density (gross), Minimum Lot
Area Variable by Development Type
Maximum Density (gross)
Maximum Density (gross), Minimum Lot
Area Variable by Development Type
Varies by Development type
Maximum Density (gross)
Issues and Concerns
Issues and concerns related to density and design of new development based on input from
board members, staff, and a review of the existing ordinance include the following:
•
•
•
•
Many residential districts are not used or intended for future use
Concern over allowable density in some districts
Residential districts need to be limited to 3 stories, except near Downtown
Concern over housing design (e.g. uniformity, materials (vinyl siding), lack of tree
conservation and planting)
Density and Design Related Amendments
The following text amendments are proposed.
DD-1: Convert unmapped and underutilized residential districts to legacy districts.
a. Proposed amendment to Article I, Sec. 6 to convert RT-4, RT-12, GR, and GR-A to
legacy districts.
DD-2: New Residential Design Standards incorporated into ordinance.
a. Article IV changed from Landscaping Standards to Landscaping and Development
Standards.
b. New Section 10. Residential Design Standards added.
c. Subsections for Open Space and Tree Preservation standards added.
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d. Townhome Standards established including:
TH-1. Generally: Codifies general form, requiring front entrances, limiting
the number of units to 3-6 per building, and mandates 80% of units meet
a minimum lot width of 20’.
TH-2. Driveways and setbacks
• Requires driveways to be placed at the rear of townhome units
and specifies a minimum length of 20’.
• Sets front and side yard setbacks at a minimum of 10’. Introduces
a 5’ minimum rear yard setback when a garage is provided and
maintains 20’ in all other scenarios.
TH-3. Architectural variation: Requires staggering of facades in groups of
3 or more townhome units.
TH-4. Architectural features:
• Requires 80% of townhome units in a building to have front
porches of at least 48 sf, with covered stoops on remaining units.
• Introduces a range of potential architectural features (ex.
dormers, eaves), of which at least one is required for each unit.
TH-5. Exterior finish: Limits potential facade materials and allows for a
combination of up to two primary materials per building.
TH-6. Garages: Allows detached or integrated garages but requires them
to be located behind the residential units and use similar facade
materials.
TH-7. Right-of-way and parking: Requires sidewalks along internal streets,
on-street parking, and designated visitor spaces.
DD-3: Reduced maximum density and updated standards for Planned Neighborhood
Development District.
a. Gross density reduced by 62.5% from 8 DUA to 3 DUA.
a. Removed the density bonus provisions. More discussion is needed with PC and
TC to determine appropriate density bonus goals and structure.
b. Changed definition of Conservation Lands to include slopes in excess of 25
percent instead of 40 percent.
c. Added provision for alley-loaded units (maximum of 50%) with reduced front
setback and improved street requirements.
DD-4: Update standards for Mixed Use Development District.
a. Updated dimensional standards for certain housing types.
Increased front setback for single family lots from 5 feet to 20 feet (frontloaded) and 10 feet (alley-loaded).
Increased lot area and lot width standards for Cottage homes (lot area
increased from 2,400 to 4,000 sqft, lot width increased from 30ft to 35 ft
for alley-loaded and 50 ft for front loaded homes).
Increased Lot Area and Lot Width requirements for Townhouses. Lot Area
increased from 1,100 square feet to 1,750 square feet per unit. Lot width
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increased from 14 feet to 16 feet, and requirement added that 80% of
townhome units shall have a minimum lot width of 20 feet.
Revised maximum height for townhome units from 45 to 35 feet except
in areas of transition between commercial and residential.
b. Updated improved open space requirements (See OST-2).
DD-5: Update standards for RT-8 Residential District.
a. Proposed amendment to Article II, Sec. 26 to:
Clarified allowance of single-family detached homes
Increased minimum lot size for single-family attached residential (i.e.
townhomes) from 1,500 square feet to 2,750 square feet. Increase lot
width for attached residential from 15 to 30 feet or 25 feet depending on
loading.
Increased minimum lot size for single-family detached residential units
from 1,000 square feet for alley loaded access to 4,000 square feet and
5,000 square feet for front loaded units.
Increased front setback requirements from 0 feet to 20 feet for front
loaded units and 10 feet for rear loaded units.
Clarified rear yard requirements based on loaded and garage placement.
Reduced the maximum building height for RT-8 district to 35ft.
Buffers
Existing Regulations and Concerns
Currently significant buffers are only required in the MXU District. There are some screening
requirements for vehicular and trash disposal areas as well in some cases. Spacing between
Residential and commercial/industrial areas should be sufficient depth to limit light and noise
into residential areas utilizing natural vegetation as much as possible. There is also a need to
specify acceptable frontage conditions for major residential subdivisions.
Buffer Related Amendments
The following text amendments are proposed.
B-1: Implemented new landscaped buffer standards for different land use types based
on adjacency with variable buffers between residential, commercial, etc.
a. Amended Article IV to include a Buffer Transition Yard section with buffers
ranging from 10ft to 35ft average width.
B-2: Implement new residential street buffer standards.
a. Amended Article IV to include a Frontage Buffers and Conditions section that
outlines options for major residential subdivisions fronting existing public
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roadway. Options include a landscaped buffer, tree-lined greenway, frontage
meadow, or tree-lined street with homes fronting one side.
Figure 2: Residential Subdivision Frontage Types
Tree Conservation
Existing Regulations and Concerns
The existing ordinance defines a number of terms related to trees (i.e. heritage trees, historic
trees, shade tree, tree (small, intermediate, major), evergreen tree (small, major), tree density
standard, tree density unit, tree protective zone, unacceptable species. However, there are not
many requirements codified related to tree preservation. Two exceptions include:
o Credit for preservation of trees in some cases towards required plantings (LC
District, Art II, Sec. 8
o No clearing of vegetative buffer within 100ft of the ROW in Scenic Highway PDD.
Shall not exceed 40% of parcel
Waiver process with PC and TC approval
The Planning Department does enforce a Tree Mitigation Policy for Large Tracts which requires
a sampling of the site and specifies mitigation requirements.
In general, there is a concern over the lack of tree preservation in new development and
Planning Commission members suggested adding a requirement to preserve a certain
percentage of existing canopy on larger sites, more formal protections for heritage or historic
trees, and emphasis on planting of larger canopy trees as opposed to smaller ornamentals.
Tree Conservation Related Amendments
A new Tree Conservation section under Article IV, Sec. 10 Residential Design Standards is
proposed that specifies tree conservation requirements for new major residential subdivisions.
TC-1: Added a requirement for preservation of 10% of existing tree canopy for major
residential subdivisions.
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TC-2: Codified tree survey requirements for all Heritage Trees (>20 inches diameter at
breast height) and Historic Trees (>30 inches diameter at breast height).
TC-3: Implemented requirement to preserve 25% of all historic and heritage trees and
mitigate any removals with planting of canopy trees.
TC-4: Added requirement for street trees (within 10 feet of existing or proposed street
right-of-way).
Open Space and Trails
Existing Regulations and Concerns
Preserving open space was a top community priority expressed during the development of the
Comprehensive Plan. Integrating trails, open spaces, and amenities into the community was a
major recommendation. The Parks & Recreation Plan recommended to update policies and
ordinances to support parkland dedication, impact fees, and shared-use agreements. The
current ordinance has no or low open space requirements for many base residential districts.
There is a need for passive and improved open space types in new development, clarify
priorities, and specify what counts towards open space. There is also a need to update
standards for greenways and trails. In addition, Planning Commission members expressed a
need to provide open space of sufficient size for children to plan, neighborhood gathers, etc. in
new subdivisions.
Open Space and Trail Related Amendments
The following text amendments are proposed. Most edits are included under a new Section 10.
Residential Design Standards under Article IV. Landscaping and Development Standards.
OST-1: Implemented base open space requirements for most residential subdivisions.
a. 15% for all major residential subdivisions (defined as over 5 lots and overall
density of greater than 1 dwelling unit per acre).
b. Other district have open space requirements that exceed this minimum.
OST-2: Initiated requirements for “improved open space” in addition to natural /
conservation areas.
a. All residential subdivisions between 6 and 50 lots, required open space shall
include at least one (1) improved open space feature.
b. All residential subdivisions between with over 50 lots, required open space
shall include at least two (2) improved open space features.
c. For every additional 50 lots an additional improved open space feature is
required.
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d. Qualifying improved open
space features include:
Neighborhood Park,
Playground, Community
Pool or Amenity Center,
Greenway or Trail,
Common Green, Square
or Plaza, Fields or Courts
OST-3: Added graphic that illustrates
open space types.
OST-4: Clarified and expanded open
space design standards.
a. Reiterated standards for
open space that were
located in the MXU
District description.
b. Added standards on
access.
c. Limited what counts as
open space, for example
stormwater features may
only count for 25% of
required open space, and
buffers must be greater
than 25ft in width.
OST 5: Updated standards for sidewalks, greenways and trails.
a. Updated Article IV, Sec. 7 to require 5 foot sidewalks.
b. Added standards for paved greenways and trails.
OST-6: Clarified that parks and greenways are allowed as accessory uses in all districts
and updated permitted uses to allow Parks and Greenways as a principal use in more
districts.
a. In Article I, Section 7, G5, added text: “Parks and greenways are allowed as
accessory uses in all districts.”
b. Updated Table of Permitted uses to conditionally allow public parks and
greenways as a principal use in districts where not permitted currently.
OST-7: PCD District updates
a. The Planned Cluster Development District was changed to allow for conservation
subdivisions in R-10 and R-15 that allow for some smaller lots in exchange for the
reservation of 40% of a property as open space.
b. Maximum density in PCDs was reduced from 6 dwelling units per acre (DUA) to 2
DUA in R-15 and 2.5 DUA in R-10.
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c. A new requirement is included that specifies that 50% of lots must be greater
than 7,500 square feet.
d. Primary and secondary conservation areas are identified and a new requirement
for a Site Analysis Map is included in Article II, Section 5.
Permitted Uses
Existing Regulations and Concerns
The current method of listing permitted uses under each zoning district is not considered best
practice. This method can create discrepancies between uses listed in different zoning districts
and can impede interpretation and enforcement. A recommended approach is to consolidate
permitted uses in a Table of Permitted Uses that organizes allowable uses under columns for
each zoning district. This brings all the permitted uses into one place and can improve usability
as well as help address inconsistencies. In addition, uses need to be clarified or consolidated
and new, emerging uses should be added with appropriate definitions and conditions.
Permitted Use Related Amendments
The following text amendments are proposed.
PU-1: Creation of a Table of Permitted Uses for base zoning districts.
a. A new Table of Permitted Uses is inserted into a new Section 30 under Article
II. This table specifies permitted uses and conditional uses in all base zoning
districts.
b. The lists of permitted uses under previous sections of Article II for all base
zoning districts are removed and consolidated into this table.
PU-2: Addition of Uses and inclusion of conditions for certain uses.
a. Accessory Dwelling Units defined and allowed with conditions. See Art. I, Sec.
1 for definition. See Art. II, Sec. 31 for conditions which include a maximum
building footprint of 800 square feet, height, location, parking, and
architectural requirements.
b. After School Programs / Clubs added in zoning districts where daycare’s are
allowed. See Art. I, Sec. 1 for definition. See Art. II, Sec. 31 for conditions
which include hours of operation and off street parking requirements.
c. Event Center, Personal Instruction, Pet Daycare, Gyms and Fitness Centers,
and Commercial Kitchen added as a permissible use with conditions in
certain districts. See Art. II, Sec. 31 for conditions.
d. Smoke Shop added as a defined use conditionally allowed in the HC zoning
district. See Art. II, Sec. 31 for conditions which include hours of operation,
separation requirements from other smoke shops and facilities such as
schools, parks, daycares, churches or youth-oriented facilities.
34
e. Data Centers defined and classified into three categories: Retail Data Centers
(<25,000 square feet), Wholesale Data Centers (25,000 – 75,000 square feet),
and Hyperscale Data Centers (75,000 – 250,000 square feet).
Retail Data Centers are allowed in HC, LI and GI Zoning Districts.
Wholesale Data Centers and Retail Data Centers are allowed in LI and GI
Zoning Districts.
Conditions include separation, architectural standards, screening and
buffer yards.
f. Solar Farms defined and classified into three categories: Small-scale,
Medium-scale, and Large-scale.
Small-scale farms allowed in HC, LI, and GI districts
Medium-scale farms allowed in LI and GI Districts
Large-scale farms allowed only in GI District
Conditions include maximum fenced size, buffer requirements and
separation requirements.
PU-3: Edits to Allowed Uses
a. Hotels or Motels and Hotels consolidated into Hotels or Motels
b. Planned Cluster Development removed from the list of uses, this is not
specified in the PCD description.
Downtown Core Zoning District
Existing Regulations and Concerns
The Downtown Master Plan included recommendations related to uses and development form
in and near Downtown Fort Mill that are currently not reflected in the existing zoning
ordinance. Most of the Downtown area is currently in the Local Commercial zoning district.
Although this district provides for many uses that occur downtown, it does not include site
design guidelines or standards that are appropriate for downtown.
Downtown Core Related Amendments
The following text amendments are proposed to create a new Downtown Core zoning district.
Note that at this time this district will be created as an option in the code but future rezonings
to the district will be a legislative decision that will be requested by applicants or made via
further discussion at the Planning Commission and Town Council levels. Any future rezoning to
the Downtown Core district will also require notification.
DC-1. New Downtown Core district created in Article II, Sec. 15.
a. Establishes district with the purpose to implement the Downtown Master
Plan.
DC-2. Permitted uses established for the Downtown Core district.
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a. Introduces permitted uses for the new district by reference to the Table of
Permitted Uses (TOPU) in Article II, Sec. 30.
DC-3: Development standards specified for the Downtown Core district. These include:
a. Designates setbacks and maximum height as described in the Downtown
Master Plan.
b. Requires buildings to be oriented toward the street and limits parking to the
side and rear of downtown buildings.
c. Introduces special, limited buffers to screen downtown uses from singlefamily residences.
d. Codifies on-site open space requirements and types listed in the Downtown
Master Plan, such as plazas, courtyards, and greens, as well as street
furniture such as bicycle racks and lighting installations.
e. Specifies allowable materials and transparency requirements for downtown
buildings.
Other / Future Amendments
Due to the schedule required to develop and implement priority text amendments prior to the
end of the development moratorium there were a number of identified needs in the ordinance
that are recommended to be addressed in the future. The following details these
recommendations for future amendments.
FA-1: Elimination of unmapped and underutilized districts from code.
•
•
•
Remap R-12 District. This district is underutilized and has very similar
dimensional standards as R-10 and R-15. Unique allowances that are desired
and in-line with comp plan can be incorporated into another district.
Review the LC and TC districts. The intent of these districts needs to be
determined, especially with implementation of DC (Downtown Core District).
Study GR, GR-4, RT-4, and RT-12 districts including existing subdivisions.
Potentially consolidate and remap these districts in a way that reduces
nonconformities in future.
FA-2: Process Documentation and Updates.
•
•
•
Create a new article in the zoning ordinance that documents existing
application processes, including submittal requirements, review bodies, and
flow charts.
Consider updates to submittal requirements, board review, and changes
between administrative and legislative decisions.
Implement a Special Exception process / option for more discretion on some
uses.
36
•
Consider legislative review of certain Planned Neighborhood Developments.
FA-3: Updates to the Table of Permitted Uses (TOPU).
• A number of uses listed in the current code are antiquated and should be
consolidated (i.e. different types of retail (clothing store, candy store, florist,
gift shop, etc.).
FA-4: Create a housing type standards section and potentially develop a pattern book
that elaborates on site and architectural standards for different housing types.
• The current ordinance has different dimensional standards for the same
housing type in different districts. While this can allow for customization
based on zoning district it is inefficient and potentially confusing for end
users. An example is that the PND district has multi-family standards and
these do not match standards in the MXU district.
• A new housing type section could consolidate and expand on standards and
include more visuals (i.e. a pattern book) that conveys historical or best
practices in site and building design to support the character of Fort Mill.
FA-5: Elaborate on improved open space feature standards
• The draft text amendments require improved open space features for major
residential subdivisions. Graphics are included that illustrate these features.
Additional standards could be included related to size, amenities, furnishings
or plantings.
FA-6: Review, update, and reorganize street standards.
• Many street standards are included in the MXU District description. These
need to be evaluated and potentially moved to be applicable to development
in all districts.
• Collector street and local street standards need to be evaluated and
additional options and standards provided that better match the context of
development.
• Standards for sidepaths and/or bike lanes should be included on some
collector streets per planning commission member comments.
FA-7: Establish a tree fund to allow or require payment in lieu as an option for tree
mitigation and violations.
• The draft text amendment codifies tree preservation and mitigation
requirements, however, additional options including a payment in lieu would
be beneficial for the Town to help fund tree plantings and maintenance.
37
FA-8: Review and update commercial design standards.
•
The LC (Local Commercial) zoning district includes a number of design
standards for new development. These standards are not applicable in other
commercial districts (i.e. Highway Commercial (HC)), though many are
applicable.
FA-9: Update environmental regulations.
•
Regulations related to stormwater, riparian buffers, floodplains, and
wetlands should be reviewed and updated based on current state
regulations, best practices and local goals.
FA-10: Standardization of formatting.
•
The current ordinance does not have standardized formatting styles beyond
the Article / Section headings. In some cases a format of 1. A) 1) is utilized
and in others A) 1. a. is used.
38
Fort Mill, South Carolina, Zoning
ZONING ORDINANCE
ZONING ORDINANCE1
ARTICLE I. IN GENERAL
Sec. 1. Definitions.
Rules of interpretation. The following rules shall apply for construing or interpreting the terms and provisions
of this ordinance:
Meanings and intent. All provisions, terms, phrases, and expressions contained in this ordinance shall
be construed according to the general purposes set forth in section 19-1.3 and the specific purpose
statements set forth throughout this ordinance. When a specific section of this ordinance gives a different
meaning than the general definition provided in this article 19-11, the specific section's meaning and
application of the term shall control.
Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this
ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.
Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms
such as "for example," "including," and "such as," or similar language are intended to provide examples and
are not exhaustive lists of all possibilities.
Computation of time. The time in which an act is to be done shall be computed by excluding the first
day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday
observed by the town, the deadline or required date of action shall be the next day that is not a Saturday,
Sunday, or holiday observed by the town. References to days are calendar days unless otherwise stated.
References to other regulations/publications. Whenever reference is made to a resolution, ordinance,
statute, regulation, or document, it shall be construed as a reference to the most recent edition of such
regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.
Delegation of authority. Any act authorized by this ordinance to be carried out by the administrator
may be carried out by a designee of the administrator.
Technical and non-technical terms. Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases that may have acquired a peculiar and
appropriate meaning in law shall be construed and understood according to such meaning.
1
Editor's note(s)—Printed herein is the Zoning Ordinance of Fort Mill, South Carolina as adopted by Ord. No. 69-50,
§§ I—XVI, adopted July 3, 1967, and since revised in October 1983 and March 1991. The zoning ordinance is
set out herein as enacted. Amendments to the Zoning Ordinance are indicated by a parenthetical history
note following amended provisions. Obvious misspellings have been corrected without notation for stylistic
purposes, a uniform system of headings and catchlines have been used. Additions made for clarity are
indicated by brackets.
Fort Mill, South Carolina, Zoning Ordinance
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Public officials and agencies. All public officials, bodies, and agencies to which references are made are
those of the Town of Fort Mill, unless otherwise indicated.
Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature,
establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are
permissive in nature.
Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as
follows:
(a)
"And" indicates that all connected items, conditions, provisions or events apply; and
(b)
"Or" indicates that one or more of the connected items, conditions, provisions or events apply.
Tenses, plurals, and gender. Words used in the present tense include the future tense. Words used in
the singular number include the plural number and the plural number includes the singular number, unless
the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include
the feminine gender, and vice versa.
Accessory dwelling units. A secondary dwelling unit established on the same lot as a principal single-family
dwelling, which is clearly subordinate to the principal dwelling in size, use, and appearance, and which provides
independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating,
cooking, and sanitation. An accessory dwelling unit may be located within, attached to, or detached from the
principal dwelling. An accessory dwelling unit shall not be sold separately from the principal dwelling.
Accessory use. A use of land or building (or a portion thereof) that is subordinate to, and customarily
associated with, the principal use.
Accessory structure. A detached subordinate structure the use of which is incidental to, and customarily
associated with, the principal structure and located on the same lot as the principal structure.
Addition. A new structure on a site with an existing structure, or a new component to an existing structure,
which causes an extension or increase in floor area or height of a building or structure.
Administrator. The person or persons designated by the town manager to interpret, implement, and enforce
all or portions of this ordinance.
After School Programs / Clubs. A supervised program or organized activity for school-aged children that
operates outside of regular school hours, typically providing educational, recreational, cultural, or social
enrichment activities, and which does not provide overnight accommodations.
Alley. A street designed to accommodate a maximum ADT of 200 vehicles with access limited to the rear or
side of properties otherwise abutting a street.
Alteration. Any horizontal or vertical enlargement of a building or structure or a change to the exterior
architectural features of a structure.
Ambulatory surgical facilities. A facility organized and administered for the purpose of performing surgical
procedures and/or endoscopy for patients scheduled to arrive, receive surgery, and be discharged on the same
day. This definition does not apply to any facility used as an office or clinic for the private practice of licensed
healthcare professionals.
Annual exceedence probability (AEP). The statistical probability that an event will occur during a 365-day
period expressed as a percentage.
Appeal. A request for review of an administrative official's or decision-making body's interpretation or
decision made under this ordinance.
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Applicant. The land owner of record or a person, business or organization having rights in contract in a
subject property or their designated representative.
Art, dance, or photography studio or gallery. Work space for artists or artisans including persons engaged in
the application, teaching, or performance of fine arts such as, but not limited to: drawing; dance; vocal or
instrumental music; painting; sculpture; and, writing. This definition includes galleries for the display of visual arts
but does not include theaters.
Artisan production establishment. The use of land, confined within an enclosed building, engaged in the
design and production by carving, painting, casting, or assembling of component parts of finished products which
are: (1) customarily used in residences, offices, restaurants, or retail establishments: (2) intended to have an
aesthetic and artistic appeal in addition to a functional use; and, (3) produced either one-at-a-time or in small lots.
The use may include a show room and retail sales of the products. The use does not emit vibrations, noises, odors,
or dangerous gases.
As-built plan. The construction plans with any field changes identified and shown on the plan.
Automobile parts store. The use of any land area for the display and sale of new or used parts for
automobiles, panel trucks or vans, trailers, or recreation vehicles.
Automobile rental and sales. Premises on which new or used passenger automobiles, trailers, or trucks in
operating condition are displayed for sale, lease, or rental.
Automobile repair. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers,
including body and fender work, framework, welding, and painting service.
Automobile servicing. The replacement of any part or repair of any part that does not require removal of the
engine head or pan, engine transmission, or differential; and oil change and lubrication.
Automobile tire store. The use of any land area for the display, sale, and installation of new or used tires for
automobiles, trailers, or trucks.
Automobile wash and detailing. The use of a site for washing, cleaning, and detailing of passenger vehicles,
recreational vehicles, or other light duty equipment.
Bank or financial institution. An establishment that provides retail banking services, mortgage lending, or
similar financial services to individuals and businesses. This classification includes automated teller machines
(ATM's) but does not include check-cashing facilities and bail bond brokers.
Banner. A sign having copy applied to paper, cloth, vinyl or other similar material with only such non-rigid
material for backing.
Bar. An establishment having as its principal use the serving of beer, wine, or liquor for consumption on the
premises. Sandwiches, light meals, snacks, and/or full service meals are available for consumption on the premises
but are not the principal use of the establishment.
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. Also
referred to as either the "100-year flood" or the "1% AEP."
Base flood elevation (BFE). The highest predicted flood elevation of a stream during the 100-year flood or the
1% AEP event.
Basement. A story having not less than one-half its height below grade. A basement is counted as a story for
the purpose of height regulation if subdivided and used for business or dwelling purposes.
Bed and breakfast inn. An owner-occupied dwelling having ten or fewer guest rooms where overnight
accommodations and a morning meal are provided to transients for compensation.
Berm. An earthen mound formed to shield undesirable views, decrease noise, or add topographical interest.
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Bingo halls. A facility wholly enclosed in a building that offers bingo (or other similar games of skill) to the
general public for a fee for entertainment.
Blank masking. The portion of a sign face without copy.
Block. A parcel or group of parcels of land entirely surrounded by public or private streets or alleys.
Boardinghouse. A building other than a use classified as "visitor accommodations" where, for compensation
and by prearrangement for definite periods, lodging or lodging and meals are provided for three or more persons.
Bodily fluid collection establishment. A business or other use that pays compensation for the collection of
blood or other bodily fluids. Blood donation establishments and sites, such as the American Red Cross, are not
included in this definition.
Body piercing. The creation of an opening in the body of a human being so as to create a permanent hole for
the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip,
tongue, nose, or eyebrow, but does not include piercing an ear lobe with a disposable, single-use stud or solid
needle that is applied using a mechanical device to force the needle or stud through the ear lobe.
Buffer. Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically
separate or screen one use or property from another.
Buffer yard. The designated area used to soften the impact of dissimilar land uses and provide screening to
satisfy the requirements of this ordinance.
Building. Any structure having a roof supported by columns or walls and which is designed for shelter,
storage, or enclosure of persons, animals, or property of any kind.
Building setback line. A line establishing the minimum allowable distance between the nearest portion of any
building and the property line when measured parallel thereto.
Business school. A specialized instructional establishment that provides on-site training of business,
commercial, or trade skills, such as accounting, data processing, and computer repair.
Canopy Tree. Deciduous shade trees with a mature height of at least 35 feet. Also known as a shade tree.
Caretaker's residence. An accessory use which, due to the nature and operating characteristics of the
principal use, may be authorized for residential occupancy to provide security and safekeeping of the principal use.
Casino or gambling establishment. Any business, regardless of primary use, having within a single structure
the operation for gambling purposes of more than five player stations for machines that are subject to licensing
under S.C. Code 1976, § 12-21-2720(A)(3). The term shall also mean any two or more establishments having such
machines, regardless of number, and located within 100 feet of each other when the licenses for such
establishments are issued to the same person or to a business entity having the same principals.
Cemetery, columbarium, mausoleum. A place used for the internment of human or animal remains or
cremated remains, including a cemetery for earth internments, a columbarium for cinerary internments, a
mausoleum for vault internments, or a combination thereof.
Certificate of appropriateness. A document issued by the administrator, following a prescribed review
procedure, certifying that the proposed actions by the applicant are found to be acceptable in terms of design
criteria relating to the individual property and the preservation district.
Check cashing establishment. A use other than a bank or financial institution that cashes checks, drafts, and
money orders for a fee, service charge, or other consideration regulated pursuant to the provisions of Chapter 41
of Title 34 of the SC Code of Laws.
Civic club. A membership organization that holds regular meetings and that may, subject to other regulations
controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the
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enjoyment of dues paying members and their guests. There are no sleeping facilities. Also called "lodge." This
definition shall not include fraternities or sororities.
Cluster subdivision. A form of residential subdivision that permits housing units to be grouped on sites or lots
with dimensions, frontages, and setbacks reduced from conventional sizes, provided the density of the tract as a
whole shall not exceed the density allowed by the district under existing regulations and the remaining land area is
devoted to common open space.
College or university. An institution other than a business/vocational school that provides full-time or parttime education beyond high school.
Columbarium. See "cemetery, columbarium, mausoleum."
Comprehensive plan. The Town of Fort Mill's Comprehensive Plan, developed by the planning commission
and adopted by the town council intended to guide the physical development of the town, including any unit or
part of such plan separately adopted and any amendment to such plan or parts thereof.
Commercial kitchen. A facility for the preparation of food for sale or other commercial purposes. Unlike
restaurants, these facilities do not prepare and serve meals for guests on-site. Commercial kitchens may include a
functioning, fixed grill or cooking apparatus; a cold storage unit; dry storage for food; and counter space for the
preparation of food.
Commercial message. Any wording, logo, or other representation that directly or indirectly names,
advertises, or directs attention to business operations (profit or nonprofit), or to a product, service, sale or sales
event, or to any other commercial interest or activity.
Commercial vehicle. Any propelled or non-propelled vehicle designed or used for commercial purposes.
Common open space. Land and/or water within or related to a cluster residential development, not
individually owned, which is designed and intended for the common use or enjoyment of the residents of the
development or the public which may contain such accessory structures and improvements as are necessary and
appropriate for recreational purposes and utilities. A condition of the cluster residential development approval
shall be that common open space may not be further subdivided.
Communication tower, freestanding. A structure erected on the ground and used primarily for the support of
broadcast and/or receiving equipment and utilized by commercial, governmental, or other public or quasi-public
users. A communication tower does not include private home use of satellite dishes and television antennas or
amateur radio operators as licensed by the Federal Communications Commission.
Communication tower, roof-mounted. A structure placed on a building used primarily for the support of
broadcast and/or receiving equipment and utilized by commercial, governmental, or other public or quasi-public
users. A communication tower does not include private home use of satellite dishes and television antennas or
amateur radio operators as licensed by the Federal Communications Commission.
Community center. A building to be used as a place of meeting, recreation, or social activity and not operated
for profit and in that neither alcoholic beverages nor meals are normally dispensed or consumed.
Community garden. A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental
plants by more than one person or family.
Community park. See "park, community."
CondomimiumCondominium. A type of development in which the dwellings, offices, floor area, etc. are
owned individually and the structure, common area, and joint facilities are owned by all of the individual owners
on a proportional and undivided basis.
Construction. Any preparation, building, or erection of a structure.
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Contractor's materials. Wholesaling, retailing, or rental of building supplies or equipment. This use type
includes lumberyards, tool and equipment sales or rental establishments, and building contractor's yards.
Contractor's office with on-site storage. A room or group of rooms used for conducting the affairs of business
for a builder, contractor, subcontractor, or similar that includes storage facilities on the premises.
Convenience store. A general retail store that sells goods and services and that may include the sale of readyto-eat food products (not intended for on-premises consumption), gasoline, groceries, and sundries.
Copy. All words, letters, numbers, figures, characters, artwork, symbols, or insignia that are displayed on a
sign face.
County. The County of York, South Carolina.
Cul-de-sac. A street having one end open to traffic and being permanently terminated by a permanent
vehicular turnaround. Culs-de-sac are designed to accommodate a maximum of 400 ADT and to have a minimum
length of 150 feet.
Data Center (General). A facility, building, or campus used primarily for the housing of computer systems,
servers, and associated equipment for the storage, processing, or distribution of digital data, including related
infrastructure such as power supply systems, backup generators, cooling systems, and network connectivity
equipment necessary to support continuous operations.
Data Centers (Retail). Data centers that lease space and equipment to multiple companies or a single
company, with the data center operator providing day-to-day operational and management services. Retail data
centers are generally smaller-scale facilities and shall not exceed 25,000 square feet per building.
Data Centers (Wholesale). Data centers that lease space, power, and cooling capacity within a building to one
or more tenants, with each lessee responsible for installing, operating, and maintaining its own computing
infrastructure. Wholesale data centers are moderate-scale facilities and shall not exceed 75,000 square feet per
building.
Data Centers (Hyperscale). Data centers that are large, single-user facilities developed to support highvolume computing needs such as cloud storage, artificial intelligence, and large-scale data processing. These
facilities are designed for scalability and require substantial power and infrastructure. Hyperscale data centers
shall be prohibited, or where permitted, shall not exceed 150,000 square feet per building and 250,000 square feet
cumulatively per site.
Day care center (13+ people). A facility providing care for 13 or more children or adults who do not reside in
the facility, are present primarily during daytime hours, do not regularly stay overnight, and that may include some
instruction.
Day care home (six or fewer people). A home occupation (accessory use) in which a permanent occupant of
the dwelling provides for the care of up to six children or adults. Those receiving care are not all related to the
occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant
adults. Those receiving care and who are not dependents of the occupant do not reside on the site.
Day labor service agency. A use that recruits, dispatches, or otherwise facilitates the temporary employment
of individuals for no longer than the period of time required to complete the assignment and which makes direct
or indirect payment to the individuals for the work undertaken by the individuals. Day labor does not include
professional or clerical employment.
Deferred presentment lenders. A transaction pursuant to a written agreement involving the following
combination of activities in exchange for a fee: accepting a check dated on the date it was written, and holding the
check for a period of time before presentment for payment or deposit.
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Demolition. The razing of any structure, in whole or in part, including its ruin by neglect of maintenance or
repairs.
Department or discount store. A business that is conducted under a single owner's name in which a variety of
unrelated merchandise and services are housed, enclosed, exhibited, and sold directly to the consumer.
Design and specification manual. The manual approved by the planning commission outlining the procedures
and criteria by which designers and the administrator design and evaluate utilities, streets, storm drainage and
other improvements required by this ordinance.
Designer. A person permitted to prepare plans and studies required by this ordinance.
Detention center. A facility for the judicially-required detention or incarceration of people, where inmates
and detainees are under 24-hour supervision by sworn officers, except when on an approved leave. Provided that
the use otherwise complies with this definition, a detention center may include by way of illustration a prison, jail,
probation center, or juvenile detention home. Detention centers do not qualify as group living facilities.
Developable acreage (as it pertains to cluster developments). Land that is located outside of designated
floodplains and has a slope of less than 30 percent.
Developed land use conditions. The land use conditions reflected on the current town zoning map or a
proposed development plan.
Development. Any manmade change to improved or unimproved real estate, including but not limited to:
subdivision of land; construction or alteration of structures, roads, utilities, and other facilities; installation of
septic systems; mining, dredging, grading, paving, excavation or drilling operations; deposit of refuse, debris, or fill
materials; and, clearing of natural vegetative cover.
Developer. Any person who acts in his own behalf, or as an owner or as an agent for an owner of property,
and who makes application for the permit necessary to disturb land or vegetation.
Direct glare. The effect causing visual discomfort resulting from insufficiently shielded light sources in the
field of view.
Direct illumination. Center of a beam or main beam angle of a lighting fixture.
District. One of any number of continuous and contiguous geographic areas within which the provisions and
regulations of this ordinance apply uniformly to each class or kind of structure or land. Dormitory. A building
intended or used principally for sleeping accommodations where such building is related to an educational or
public institution, including religious institutions.
Drainage. A general term applied to the removal of surface or subsurface water from a given area either by
gravity, natural means, or by systems constructed to remove water.
Drive-in restaurant. An establishment designed, in whole or in part, to accommodate the ordering and
consumption of food and/or beverage in automobiles parked on the premises of such establishment in
contradistinction to a restaurant with a drive-through window.
Dwelling, multiple-family. A residential building containing two or more dwelling units located on a single lot.
Dwelling, multiple-family (high rise). A building containing two or more dwelling units and that exceeds five
stories.
Dwelling, single-family. A building used exclusively as a place of residence for one family.
Dwelling, single-family attached. Two or more single-family dwelling units located on separate lots each with
its own outside entrance which are joined together by a common party wall or connecting permanent structures
such as breezeways, carports or garages.
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Dwelling, single-family detached. A residential building containing not more than one dwelling unit and not
physically attached to any other principal structure, specifically excluding manufactured homes.
Dwelling unit. A building or portion of a building designed and used as independent living facilities for a
single household and that includes permanent provisions for living, sleeping, cooking, eating, and sanitation.
Dwelling, upper story. A dwelling unit located on the second floor or higher of a building and usually located
above a ground floor commercial use.
Easement. A grant or reservation of one or more property rights by the owner of land for the use of such
land by others.
Elevated building. A building without a basement built to have its lowest floor elevated above the ground
level by means of fill, solid foundation perimeter walls, pilings, columns (posts or piers), shear walls, or breakaway
walls.
Emergency response facility. A building or portion of a building used for police, fire, and/or medical
equipment and personnel.
Event Center. A facility, building, or portion thereof used primarily for hosting private or public gatherings,
including but not limited to weddings, conferences, banquets, parties, or similar events, and including associated
activities such as dining, entertainment, or presentations.
Extended advertising space. The area on outdoor advertising signs that extends beyond the normal
rectangular shape of the sign face.
Exterior architectural feature. The general architectural arrangement of such portion of the exterior of any
structure or the site improvements related thereto, or both including but not limited to:
(a)
The kind, color, and texture of the building material of such portion so open to view.
(b)
The type and design of all windows, doors, lights, signs, walls, fences and other fixtures appurtenant to
such portion.
(c)
The location, adequacy and treatment of any vehicular access to such structure and so open to view.
Family. A person living alone, or a group of people, including domestic employees, living together as a single
nonprofit housekeeping unit and sharing common living, sleeping, cooking, eating and sanitary facilities as
distinguished from a group occupying a boardinghouse or other group living facility or visitor accommodations.
Fee. Generally, the monetary amount charged by the town for processing and review of an application for
development under this ordinance.
Financial institution. See "bank or financial institution."
Flag, advertising. A flag displaying the name, insignia, emblem, or logo of a profit-making entity.
Flag, governmental. A flag displaying the name, insignia, emblem, or logo of any nation, state, municipality or
noncommercial organization.
Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from
the unusual and rapid accumulation of runoff or surface waters from any source.
Flood hazard boundary map (FHBM). An official map of a community on which the Federal Emergency
Management Agency has delineated the boundaries of the special flood hazard areas.
Flood insurance rate map (FIRM). An official map of a community on which the Federal Emergency
Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to
the community.
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Flood insurance study. The official report provided by the Federal Emergency Management Agency. The
report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation
of the base flood.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot
during the 100-year flood.
Floodway fringe. The area between the floodway and the boundary of the 100-year flood.
Flood light. Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light
output into a directed beam in a particular direction.
Floor. As used in this ordinance, any floor usable for living purposes, which includes working, sleeping,
eating, cooking or recreation, or a combination thereof.
Footcandle (FC). A quantitative unit measuring the amount of light cast onto a given point, measured as one
lumen per square foot.
Footprint. The area of land surface on the site that will be covered by the planned building. It shall equal the
outside dimensions of the structures depicted on the plans used by the builder or contractor.
Frontage. The distance between the side lot lines measured at the street right-of-way.
Full cutoff fixture. An outdoor light fixture shielded or constructed in such a manner that it emits no light
above the horizontal plane of the fixture.
Golf course. A large unobstructed acreage with at least nine holes for playing a game of golf which may be
available for public use and may be improved with tees, greens, fairways, and hazards.
Grade. A reference plane representing the average of finished ground level adjoining the building at all
exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be
established by the lowest points within the area between the building and the lot lines or between the building
and a point six feet from the building, whichever is closer to the building.
Grading. Altering surfaces to specified elevations, dimensions, and/or slopes; includes stripping, cutting,
filling, stockpiling, and shaping or any combination thereof.
Grocery store. A retail establishment that primarily sells food, but may also sell other convenience and
household goods.
Gross floor area. The total horizontal area of all floors of a building, including interior balconies and
mezzanines, measured from the interior faces of the exterior walls of a building.
Group day care home (seven to 12 people). A dwelling in which a permanent occupant of the dwelling
provides for the care of a minimum of seven and a maximum of 12 children or adults. Those receiving care do not
reside on the premises, are not related to the occupant or to each other by blood or marriage, and are not the
legal wards or foster children of the attendant adults.
Group home. An establishment where four or more persons, not regularly employed due to age or disability
and not related by blood or marriage to the owner or operator of such an establishment, are lodged, kept or
temporarily confined, whether such persons be supported by charity or fees charged therefore, as opposed to a
rooming house or boardinghouse.
Gyms / Fitness Centers. An establishment that provides facilities and equipment for physical exercise and
fitness activities, including weight training, cardiovascular exercise, group fitness classes, and similar activities, and
which may offer ancillary services such as personal training, wellness programs, or accessory retail sales.
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Health club or spa. A building or portion of a building designed and equipped for the conduct of sports,
exercise, leisure time activities, or other customary and usual recreational activities. It may be operated for profit
or not-for-profit and may be open only to bona fide members and guests of the organization or open to the public
for a fee.
Heavy equipment sales or rental. The display, sales, or rental of products and services outside of a building or
structure including, but not limited to, farm and construction equipment.
Heavy manufacturing. See "manufacturing, heavy."
Height of building, maximum. The vertical distance between the average grade at the base of a structure and
the highest part of the structure, but not including the following: belfries; spires; cupolas; domes; chimneys;
smokestacks; water towers; conveyors; flag poles; television and radio masts, aerials, towers; firewalls; sky lights;
roof structures for elevators, stairways, tanks, heating, ventilation and air-conditioning equipment, or similar
equipment for the operation and maintenance of a building; any device (no more than five feet in height) used to
screen only the immediate area around a roof top structure or equipment; any other exceptions per article I,
section 7 L. Carports, garages, decks, raised planters and other uninhabited additions to structures that may
increase the building footprint are not included in calculation of average grade.
Height of building, minimum. The vertical distance between the average grade at the base of a structure and
the lowest part of the top of the structure, including parapets, but not including the following: porches, portecocheres, other unheated appurtenances that enhance the building architecture or features that are deemed
appropriate by the planning commission as determined in the commercial appearance review process.
Heliport. An area used or intended to be used for the landing and takeoff of helicopters, including operations
facilities such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
Heritage tree. Any tree located on either public or private property and either within a tree protective zone
or not having a trunk of 20 inches or more in diameter measured six inches above the normal ground level or, if of
an ornamental variety, any tree having a trunk of ten inches or more in diameter measured four feet six inches
above the normal grade.
Highway. A street or traffic way serving and designated as a South Carolina or United States route.
Historic tree. Any tree with a trunk of 30 inches or more measured at four feet six inches above the normal
ground level, wherever located.
Home occupation. An occupation, profession, or trade customarily and commonly carried out by an occupant
in a dwelling unit as an accessory use which is clearly incidental and subordinate to the principal residential use.
Homeowners association. A private non-profit association which is organized by the developer or land
owners of a residential development in which individual owners share common interests in open space and/or
facilities and are responsible for preserving, managing, and maintaining the common property and enforcing
certain covenants and restrictions.
Hospital. An establishment providing physical or mental health services with overnight accommodations for
the sick and injured including as an integral part of the establishment related facilities such as laboratories,
outpatient facilities, training facilities, and medical offices.
Hotel or motel. A building or group of buildings in which sleeping accommodations in six or more rooms, with
or without meals, but without separate cooking facilities, are provided and offered to the public for compensation,
and which is open to transient or permanent guests.
Household. A family living together in a single dwelling unit with common access to and common use of all
living and eating areas and facilities for the preparation and serving of food within the dwelling unit.
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IESNA. The Illuminating Engineering Society of North America, a non-profit professional organization of
lighting specialists that has established recommended design standards for various lighting applications.
Indoor entertainment facility. An establishment having as its principal or predominant use the offering of
participatory or spectator entertainment and which may sell alcohol for consumption on the premises.
Sandwiches, light meals, snacks, and/or full service meals are available for consumption on the premises but are
not the principal or predominant use of the establishment. Examples include, without limitation: cinemas,
theaters, arcades, coliseums, and bowling alleys.
Internal refractive lens. A glass or plastic lens installed between the lamp and the sections of the outer fixture
globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening
and spreading the light being distributed from the light source thereby reducing direct glare.
Junk and salvage yard. Any use involving storage and/or sale of disused, dismantled, or wrecked vehicles,
equipment or machinery or the storage or processing of scrap metal, wastepaper, rags, wastes, construction
wastes, industrial wastes or other scrap, salvage, waste or junk materials.
Kennel. A facility where four or more dogs, cats, or other animals over three months of age are kept, raised,
sold, boarded, bred, shown, treated, or groomed. Such facilities may be entirely indoors or may have both indoor
and outdoor components.
Lamp. The component of a luminaire that produces the light.
Land. Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently
covered by water within the Town.
Land disturbing activity. Any activity involving the clearing, cutting, excavating, filling, or grading of land or
any other activity that alters land topography or vegetative cover.
Landscape nursery. The growing, storage, and sale of garden plants, shrubs, trees, or vines for resale,
including incidental retail sales conducted from within a building not exceeding 20 percent of the combined
wholesale and retail sales volume during any year.
Landscape plan. A site plan depicting planned locations of trees, shrubs, lawns, and other landscaping that
will be established on the site.
Landscaping. That aspect of property which is used to support the growth and maintenance of vegetation,
whether of woody or herbaceous species, and which can include any variety of natural or artificially propagated
species of plants. Such aspect shall not be unkempt or abandoned property that is predominantly covered with
noxious weeds, but may contain fences, walls, or berms.
Level of service (LOS). Qualitative measures that characterize operational conditions within a traffic stream
and their perception by motorists and passengers. The descriptions of individual levels of service characterize
these conditions in terms of such factors as speed and travel time; freedom to maneuver; traffic interruptions;
and, comfort and convenience. Six levels of service are defined by the Highway Capacity Manual for signalized
intersections based upon available procedures. They are assigned letter designations from A to F, with LOS "A"
representing the best operating conditions and LOS "F" as the worst.
Library. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
Light manufacturing. See "manufacturing, light."
Light source. The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.
Light trespass. Effects of light that strays from the intended purpose and becomes an annoyance, a nuisance,
or a determent to visual performance. As such, light trespass should always be considered negative, unlike spill
light, which can have positive or negative attributes. Light trespass is the encroachment of light causing
annoyance, loss of privacy, or other nuisance.
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Liquor store. A place of business licensed by the state alcoholic beverage commission exclusively for the retail
sale of alcoholic beverages, excluding beer and wine, in original packages for consumption off the premises where
sold.
Loan broker. A business or use that regularly assists consumers in finding a lending establishment, other than
the broker itself, in consideration of a fee. This definition pertains only to those businesses capped by state law as
to the loan amount. This definition is specific to those businesses that perform payday lending or title loan broking.
Lot. A parcel of land defined by plat or by metes and bounds description that has been legally recorded in the
office of the county register of means conveyance. "Lot" includes the term "plot."
Lot, corner. A lot located at the intersection of two or more streets. A lot abutting on a curved street or
streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the
foremost points of the lot (or an extension of the lot where it has been rounded by a street radius) meet an
interior angle of less than 135 degrees.
Lot, double frontage. A lot that extends through a block having frontage on two streets that do not intersect
at the boundary of the lot. A corner lot shall be considered having double frontage if it has access on three or more
sides.
Lot, flag. An interior lot located behind another lot that has a narrow strip of land that runs along one side of
the front lot to provide access to the public street. A panhandle or pipe stem lot is considered a flag lot.
Lot of record. A lot that exists as shown or described on a plat or deed in the records of the county register of
mesne conveyance.
Lot remnant. Lots below minimum area and width left over after subdividing tracts of land.
Lot width. The distance between the side lot lines at the front setback line as measured along a line parallel
to the front lot line or parallel to the chord thereof.
Lowest finished floor. The lowest finished floor of the lowest enclosed area, including basement. An
unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage located in
an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built
to render the structure in violation of the applicable non-elevation design requirements of this section.
Lumen. A unit of luminous flux.
Luminaire. A complete lighting system including a lamp or lamps and a fixture.
Manufactured home. A structure that is transportable in one or more sections, built on a permanent chassis
and designed to be used with or without a permanent foundation when attached to the required utilities, and
constructed to the Federal Mobile Home Construction and Safety Standards and rules and regulations
promulgated by the U.S. Department of Housing and Urban Development.
Manufactured home park or subdivision. A parcel or contiguous parcels of land divided into two or more
manufactured home lots for rent or sale. Sales or storage lots for unoccupied manufactured homes are not
considered to be manufactured home parks.
Manufacturing, heavy. A use engaged in the mechanical or chemical transformation of materials or
substances into new products, including the assemblage of component parts, the creation of products, and the
blending of materials. Heavy manufacturing includes those uses that produce noise, odor, vibration, dust, or
hazard discernable beyond the property. Examples include, but are not limited to: refining or initial processing of
raw materials, rolling, drawing, or extruding of metals; and log decking, storage, and ponding.
Manufacturing, light. Manufacturing uses that do not produce odor, vibration, dust, or hazard discernable
beyond the property. Examples include, but are not limited to: assembly of pre-fabricated parts, manufacture of
electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures,
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hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and
manufacturing of components, jewelry, clothing, trimming decorations, and any similar item.
Maintenance, storage, and distribution facility. A use conducted by the town or another governmental entity
to provide for the operation and maintenance of public facilities and infrastructure.
Marquee. A permanent roof-like structure projecting beyond a building or extending along and projecting
beyond the wall of the building.
Mausoleum. See "cemetery, columbarium, mausoleum."
Mean sea level. The average height of the sea for all stages of the tide.
Medical facilityoffice. A facilityn office providing medical, psychiatric, or surgical service for sick or injured
persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training,
administration, and services to outpatients, employees, and visitors.
Modular building unit. Any building or building component of closed construction, regardless of the type of
construction or occupancy classification and other than a manufactured home, constructed off-site in accordance
with the South Carolina Modular Building Construction Act and Rules and Regulations and transported to the point
of use for installation or erection.
Monument sign. A freestanding sign attached to or integrated into a contiguous structural base or planter
box which horizontal dimensions shall be equal to, or greater than, the horizontal dimensions of the sign face.
Mortuary. An establishment engaged in undertaking services such as preparing the dead for burial or
cremation and arranging and managing funerals.
Motel. See "hotel or motel."
Mulch. A protective covering, such as pine straw, shredded bark, or other materials, spread evenly around
trees, shrubs and ground covers to reduce evaporation, maintain even root temperatures, prevent erosion, and
control weeds.
Multiple-family dwelling. See "dwelling, multiple-family."
Multiple-family dwelling (high-rise). See "dwelling, multiple-family (high rise)."
Museum. A building having public significance by reason of its architecture or former use or occupancy, or a
building serving as a repository for a collection of natural, scientific, cultural, or literary curiosities or objects of
interest or works of art and designed to be used by members of the public for loaning or viewing, with or without
an admission charge.
National Geodetic Vertical Datum (NGVD). The reference points established by the National Geodetic Survey
based on mean sea level, as correct in 1929.
Neighborhood park. See "park, neighborhood."
Nightclub. An establishment, whether public or a private club, including cocktail lounges, etc., serving to a
predominantly adult clientele and whose primary business is the sale of alcoholic beverages, including beer and
wine, for consumption on the premises in conjunction with dancing or live performances. The purchase of food is
at the option of the customers and not required by the operator.
Nonconforming. A term applied to lots, structures, and uses of land which were lawful before the adoption of
this ordinance, or before the passage of an amendment to this ordinance, but which are prohibited by, or which
are not in compliance with, the requirements of this ordinance.
North American Vertical Datum (NAVD). The datum points established at the Pointe-au-Pere on the Saint
Lawrence River, Quebec Provence, Canada, based upon the mass or density of the earth. The datum listed as a
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reference on the community FIRMs and required to be used for elevation certificates and floodproofing
certificates.
Office. A room or group of rooms used for conducting the affairs of a business, profession, or service
industry. Examples include professional services such as lawyers, accountants, engineers, architects, or real estate
agents; data processing; and, sales offices.
Operator. The owner, permit holder, custodian, manager, operator, or person in charge of any permitted or
licensed premises.
Ordinary repair and maintenance. Any work, the purpose and effect of which is to correct or prevent any
deterioration or decay of, or damage to, a structure or any part thereof and to restore the structure, as nearly as
may be practicable, to its condition prior to such deterioration, decay or damage using materials which are of a
design, color and outer appearance as close as practicable to the original.
Outdoor lighting. The night-time illumination of an outside area or object by any man-made device located
outdoors that produces light by any means.
Outdoor storage lot. Any portion of a site where items are regularly stored including but not limited to items
such as: pipe, building materials, lumber, plumbing supplies, damaged vehicles, or salvaged construction
equipment. Not included in this definition is the short-term storage for sale of seasonal items such as grass seed,
fertilizer, and plants.
Owner. The individual, partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other
political subdivision, any interstate body, or any legal entity, who owns a legal interest in the property or the
person in control of the property.
Oversized vehicle. Any propelled or non-propelled vehicle that exceeds two tons rated capacity, exceeds 85
inches in height, or exceeds 250 inches in length, excluding a recreational vehicle.
Parapet. That portion of a building wall that rises above the roofline.
Park, community. Public parkland intended to serve the recreation needs of people living or working within a
two-mile radius of the park.
Park, neighborhood. Public parkland land intended to serve the recreation needs of people living or working
within one-half mile radius of the park.
Park or playground. An area or facility to be used for recreation, exercise, sports, education, rehabilitation, or
similar activities, or an area intended to enhance the enjoyment of natural features or natural beauty, specifically
excluding commercially operated amusement parks.
Park, regional. A park typically 150 to 500 acres in size focusing on activities and natural features not typically
included in neighborhood or community parks and often based on specific scenic or recreational opportunities.
Parking lot. Any area, paved or unpaved, used for egress or ingress or to store or park vehicles. The areas
designated for the display of new and used vehicles for sale are not included in this definition.
Parking structure. A structure designed to accommodate vehicular parking spaces that are fully or partially
enclosed or located on the deck surface of a building. This definition includes parking garages, deck parking, and
underground or underbuilding parking areas.
Parking space, off-street. An area not located within a street right-of-way adequate for parking a motor
vehicle with room for opening doors on both sides, together with properly-related access to a public street
arranged so that no maneuvering incidental to parking shall occur on any public street and so that a vehicle may be
parked or un-parked without moving any other automobile.
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Passenger terminal (surface transportation). A facility or location that receives and discharges passengers
and at which facilities and equipment required for their operation are provided. Examples include terminals for
bus, trolley, taxi, light rail, railroad, shuttle van, or other similar vehicular services.
Pawn shop. A business or use that regularly loans money on the security of pledged tangible goods such as
jewelry, cameras, or like personalty or that purchases such goods on the condition that they may be redeemed or
repurchased by the seller for a fixed price within a fixed period of time.
Pedestrian pathway. A sidewalk, trail or other facility designated for use by pedestrians. Constructed
alongside streets, roads, parking areas or through public or private spaces, a pedestrian pathway has a paved
surface and is designed to meet ADA requirements. Such facility may also accommodate bicycles, roller and inline
skates, skateboards, and other non-motorized vehicles provided, however, that the restriction on motorized
vehicles shall not apply to motorized wheelchairs. Where permitted by the town council or this ordinance, battery
powered golf carts and self-balancing personal transport vehicles may also be allowed on pedestrian pathways.
Typically separate from motor vehicle traffic, it may serve both transportation and recreation purposes.
Pennant. Any lightweight plastic, fabric, or other material, whether or not containing copy, suspended from a
rope, wire or string usually in a series and designed to move in the wind. Strings of lights shall be considered a
pennant.
Permit. The authorization necessary to begin a land use activity under the provisions of this ordinance.
Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other
political subdivision of this state, any interstate body, or any legal entity.
Personal instruction. A facility, studio, or establishment used primarily for the provision of instruction or
training in a specific subject, skill, or hobby, including but not limited to fine arts, music, dance, fitness, or similar
activities.
Personal services, general. An establishment primarily engaged in the provision of frequent or recurrent
needed services of a personal nature. Examples include, without limitation: beauty and barbershops, shoe repair
shops, and tailor shops.
Pet Daycare. A facility, building, or portion thereof used primarily for the temporary daytime care,
supervision, and socialization of domestic animals for a fee, with temporary or occasional overnight boarding
permitted, and including associated activities such as indoor or outdoor exercise and play areas.
Planned development. A use of land that is planned, developed, operated, and maintained as a single entity
and containing one or more structures to accommodate commercial, industrial, residential uses, or a combination
of such uses, and appurtenant common areas.
Planning commission. The Town of Fort Mill Planning Commission.
Post office. A use which provides service windows for mailing packages and letters, post office boxes, offices,
vehicle storage areas, and sorting and distribution facilities for mail.
Predeveloped conditions. Those land use conditions that existed before any development had taken place on
the site, when the site was in its natural undisturbed condition.
Prefabricated building display and sales. A retail sales and service use in which prefabricated buildings
(fabricated off-site and transported to the use location) are displayed and sold.
Preliminary plat. The preliminary plat of a subdivision submitted pursuant to the subdivision regulations.
Preschool. A school for children primarily between birth and five years of age.
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Principal structure. A structure or building having significant or primary use and justifying its own utilization,
such as a dwelling or office building, as contrasted to accessory structures which are incidental or subordinate to
primary structures and do not alone justify their utilization, such as a tool shed or auto garage used in conjunction
with a dwelling. Certain structures may be either principal or accessory depending upon utilization, such as a
parking garage as an accessory structure to a high-rise apartment or as a principal structure when operated
commercially in a business area.
Principal use. The significant or primary activity carried out within a structure or upon land.
Privacy wall. A continuous visual screen not less than six feet in height. The screen shall be a windowless
wall, fence or other type of impenetrable and opaque material that is aesthetically compatible with existing
development.
Property owner of record. The person identified as owner by county tax records.
Public building. Any building owned, leased or held by the United States, the state, the county, the town, any
special purpose district, any school district, or any other agency or political subdivision of the state or the United
States, which building is used for governmental or other public purposes.
Public park or recreation area. Public premises which have been designated for park or recreational activities,
including but not limited to a park, playground, nature trails, swimming pool, gymnasium, recreational center,
reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas or
similar public premises within the town which are under the control, operation or management of the town park
and recreation authorities or the equivalent state, county or recreation district authorities.
Public property. Includes that property of the town or a town agency, including that owned entirely by such
public body, or over which it holds a right-of-way or easement on any streets, roads, parks, malls, or other public
land. Private property that is subject to ad valorem property taxes and all easements and rights-of-way across such
property are excluded from this definition.
Radio or TV broadcasting studio. A facility for the staging, recording, and broadcasting of audio or television
productions.
Recreational trails. A way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized
bicycles.
Recreational vehicle. Any vehicle designed and or used for temporary living and sleeping or recreational
purposes, including pick-up coaches (cab-over camper), motorized homes, boats, travel trailers, camping trailers,
jet skis, and snowmobiles, and which does not meet the specifications required for a manufactured home.
Recreational vehicle rental and sales. The display and sales or rental of recreational vehicles.
Recycling drop-off center. A parcel of land on which wastes or used and secondhand materials are bought,
sold, exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron, paper, rags,
rubber tires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles.
Regional park. See "park, regional."
Registered civil engineer. A civil engineer properly registered and licensed in South Carolina by the state
board of engineering examiners.
Registered land surveyor. A land surveyor properly registered and licensed in South Carolina by the state
board of land surveyors.
Registered landscape architect. A landscape architect properly registered and licensed in South Carolina by
the state board of licensing examiners.
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Religious institution. A structure or place in which worship, ceremonies, rituals, and education pertaining to a
particular system of beliefs are conducted, together with its accessory buildings and uses (including buildings used
for educational and recreational activities), and which are operated, maintained, and controlled under the
direction of a religious group. Accessory uses may include school facilities, parking, daycare, cemeteries,
columbaria, mausoleums, caretaker's housing, pastor's housing, and group living facilities such as convents.
Repetitive loss. Flood-related damages sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
Research laboratory. A facility for scientific research, investigation, testing, or experimentation, but not
facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
Examples include plastics, genetics, biotechnology, pharmaceuticals, and polymers.
Restaurant. An establishment having as its predominant use the on-premises consumption of food and
beverages. Restaurants have a designated full-service kitchen, dining room equipment, and persons to prepare and
serve meals and food to guests in consideration of payment. Restaurants may have a combination of seating
options, including indoor, outdoor, both indoor/outdoor, or no seating.
Retail sales and services, general. A commercial enterprise that provides goods and/or services directly to
the consumer where such goods are available for immediate purchase and removal from the premises by the
purchaser. Examples include, without limitation: stores selling, leasing, or renting consumer, home, and business
goods such as art, art supplies, bicycles, cameras, clothing, dry goods, electronic equipment, fabric, furniture, gifts,
hardware, home improvements, household products, jewelry, pet food, pharmaceuticals, indoor plants, printed
material, stationary and videos; wineries; and, auction services.
Right-of-way. An interest in land to the town or SCDOT which provides for the perpetual right and privilege
of the town or SCDOT, its agents, franchise holders, successors, and assigns to construct, install, improve,
reconstruct, remove, replace, inspect, repair, maintain, and use a public street, including related and customary
uses of street rights-of-way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic
control devices and signage, sanitary sewer, storm water drainage, water supply, cable television, electric power,
gas, and telephone transmission and related purposes in, upon, over, below, and across the rights-of-way.
Roadway. That portion of a street intended for the use by vehicular traffic.
Runoff. That portion of precipitation falling within a watershed basin that is not: evaporated into the
atmosphere; captured by vegetation; collected in depressions; or, infiltrated into the soil that results in its flowing
over the surface of the ground or collecting in channels or storm sewers.
Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
SCDOT. South Carolina Department of Transportation.
School, public or private. An institution at the elementary, middle, or high school level that provides
educational instruction to students. This definition does not include business schools or colleges.
Screening. Any constructed wall, fence, building or living plant material used for the purpose of visually or
functionally separating adjacent land uses as required by this ordinance.
Sediment. Solid material, both mineral and organic, that:
(a)
Is in suspension;
(b)
Is being transported; or,
(c)
Has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.
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Sediment control plan. A plan(s) for the control of soil erosion and sedimentation resulting from land
disturbing activity.
Sedimentation. The processes which operate at or near the surface of the ground that deposit soils, debris,
and other materials either on other ground surfaces or in stream channels.
Self-service storage facility. A building or group of buildings divided into sections for use for storage of items,
either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.). Also
called "mini-warehouse."
Semi-cutoff fixture. An outdoor light fixture shielded or constructed in such a manner that it emits no more
than five percent of its light above the horizontal plane of the fixture and no more than 20 percent of its light ten
degrees below the horizontal plane of the fixture.
Service and repair establishment. Establishments primarily engaged in the provision of repair services to
individuals and households, rather than businesses, but excluding automotive and equipment repair types. Typical
uses include appliance repair shops, shoe repair, watch, or jewelry repair shops or repair of musical instruments.
Setback. The minimum distance by which any building or structure must be separated from a street right-ofway or lot line.
Sexually oriented business. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter center, or nude model studio.
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slugoperated or electronically, electrically or mechanically controlled still or motion picture machines, projectors
or other image-producing devices are maintained to show images to five 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 specified sexual activities or specified anatomical areas.
Adult bookstore, adult novelty store, and adult video store. A commercial establishment which has as a
significant or substantial portion of its stock in trade or derives a significant or substantial portion of its
revenues from or devotes a significant or substantial portion of its interior business or advertising to the sale
or rental, for any form of consideration, of any one or more of the following:
(a)
Books, magazines, periodicals or other printed matter, or photographs, film, motion pictures,
videocassettes, slides or other visual description of specified sexual activities or specified
anatomical areas.
(b)
Instruments, devices or paraphernalia that are designed for use in connection with specified
sexual activities or marketed primarily for stimulation of human genital organs or for
sadomasochistic use or abuse of themselves or others.
(c)
An establishment may have other principal business purposes that do not involve the offering for
sale, rental or viewing of materials depicting or describing specified sexual activities or specified
anatomical areas, and still be categorized as an adult bookstore, adult novelty store or adult
video store. Such other business purposes will not serve to exempt such establishments from
being categorized as an adult bookstore, adult novelty store or adult video store so long as one of
its principal business purposes is offering for sale or rental, for some form of consideration, the
specified materials which depict or describe specified anatomical areas or specified sexual
activities.
Adult cabaret. A nightclub, bar, restaurant, bottle club or similar commercial establishment, without
regard to whether or not alcoholic beverages are served, which regularly features:
(a)
Persons who appear nude or nearly nude;
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(b)
Live performances which are characterized by the exposure of specified anatomical areas or by
specified sexual activities; or
(c)
Films, motion pictures, videocassettes, slides or other photographic reproductions that are
characterized by the depiction or description of specified sexual activities or specified anatomical
areas.
Adult motel. A motel, hotel, or similar commercial establishment that:
(a)
Offers public accommodations, for any form of consideration, and which provides patrons with
closed circuit television transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and which advertises the availability of this sexually
oriented type of material by means of a sign visible from the public right-of-way, or by means of
any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or
leaflets, radio or television;
(b)
Offers a sleeping room for rent for a period of time less than ten hours; or
(c)
Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten
hours.
Adult motion picture theater. A commercial establishment where films, motion pictures,
videocassettes, slides or similar photographic reproductions which are characterized by the depiction or
description of specified sexual activities or specified anatomical areas are regularly shown for any form of
consideration. This use is regulated as a "sexually oriented business" in this ordinance.
Adult theater. A theater, concert hall, auditorium or similar commercial establishment which, for any
form of consideration, regularly features persons who appear in a state of nudity or near nudity or regularly
features live performances which are characterized by exposure of specified anatomical areas or by specified
sexual activities. This use is regulated as a "sexually oriented business" in this ordinance.
Employee. As used in the context of a sexually oriented business, a person who works for or performs
in and/or for a sexually oriented business, regardless of whether or not the person is paid a salary, wage, or
other compensation by the operator of the business.
Establishment. As used in the context of a sexually oriented business, any of the following:
(a)
The opening or commencement of any such business as a new business;
(b)
The conversion of an existing business, whether or not a sexually oriented business, to any of the
sexually oriented businesses defined in this article;
(c)
The addition of any of the sexually oriented businesses to any other existing sexually oriented
business; or
(d)
The relocation of any such sexually oriented business.
Nearly nude. A state of dress in which clothing covers no more than the genitals, pubic region, and
areolae of the female breast, as well as portions of the body covered by supporting belts, strips of cloth,
straps or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that
the effect of achieved by such appearance is approximately the same as viewing nudity.
Nude model studio. Any place where a person who appears nude or nearly nude or displays specified
anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or
similarly depicted by other persons who pay money or any form of consideration. This use is regulated as a
"sexually oriented business" in this ordinance.
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Nude, nudity, and state of nudity.
(a)
The appearance of the human bare buttock, anus, male genitals, female genitals or the areola or
nipple of the female breast; or
(b)
A state of dress which fails to opaquely and fully cover the human buttocks, anus, male or female
genitals, pubic region or areola or nipple of the female breast.
Permitted or licensed premises. Any premises that requires a license and/or permit and that is classified
as a sexually oriented business.
Permittee and licensee. A person in whose name a permit and/or license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant on the application for a permit
and/or license.
Sexual encounter center. A business or commercial enterprise that, as one of its primary business
purposes, offers, for any form of consideration:
(a)
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b)
Other activities between persons of the opposite sex or persons of the same sex, or both, when
one or more of the persons are likely to be touching, fondling or caressing other persons on the
genitals, pubic area, buttocks or female breast in a manner that would stimulate sexual arousal.
Specified anatomical areas. Any of the following:
(a)
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or
female breasts below a point immediately above the top of the areolae; or
(b)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities. Any of the following:
(a)
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or
female breasts, regardless of whether such areas of the body are covered or not;
(b)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or
sodomy;
(c)
Masturbation, actual or simulated;
(d)
Human genitals in a state of sexual stimulation, arousal or tumescence; or
(e)
Excretory functions as part of or in connection with any of the activities set forth in paragraphs
(a) through (d) of this definition.
Substantial enlargement of a sexually oriented business. The increase in floor areas occupied by the
business by more than 25 percent, as the floor areas exist on the effective date of the ordinance from which
this division is derived.
Transfer of ownership or control of a sexually oriented business.
(a)
The sale, lease, or sublease of the business.
(b)
The transfer of securities that constitute a controlling interest in the business, whether by sale,
exchange, or similar means.
(c)
The establishment of a trust, gift or other similar legal devise which transfers ownership or
control of the business, except for transfer by bequest or other operation of law upon the death
of a person possessing the ownership or control.
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Shade tree. Any evergreen or deciduous tree whose mature height can be expected to exceed 35 feet and
whose crown spread can be expected to exceed 30 feet according to standards set forth by the American
Association of Nurserymen. Planted shade trees shall be at least eight feet in height and six ¼ inches in
circumference, or two inches in diameter, measured six inches above grade. Existing trees shall be at least eight
feet in height and six and ¼ inches in circumference, or two inches in diameter, measured four ½ feet above grade.
Shielding. A design feature or a device that is applied to a luminaire to prevent its luminous output from
being visible from selected locations or horizontal and/or vertical angles.
Shopping center. A group of stores planned and designed for the site on which it is built, functioning as a
unit, with off-street parking, landscaped areas, and pedestrian malls or plazas provided on the property as an
integral part of the unit.
Shrubs. Self-supporting woody plants, either deciduous or evergreen, with several stems and a normal
mature height of three to 20 feet.
(a)
Low-growing shrub means any shrub easily maintained at 30 to 40 inches in height.
(b)
Intermediate shrub means any shrub easily maintained at four to six feet in height.
(c)
Major screening shrub means any shrub easily maintained at six to 20 feet in height.
Sight triangle. Measured from the curb or edge of the pavement, the sight triangle is the triangular area
created by a line connecting points on the front and side for lines at a distance as indicated in the Design and
Specifications Manual.
Sign. A device designed to inform or attract the attention of persons not on the premises on which the
device is located, or to advertise, promote the interest of, or attract attention to, any business, industry, individual,
group, enterprise, public performance, or cause. The definition of sign includes all the components necessary for
its display, including supporting structure, footings, and lighting.
Sign, abandoned. A sign structure that does not have a permanent sign face or pending sign permit
application; or, a sign advertising a business activity or firm that is no longer in operation at the location identified
by the sign. An abandoned sign includes all elements of the sign, including its structure, sign face and sign copy.
Sign, awning. A sign on a structure made of canvas, vinyl, metal, etc., that extends over a door, window or
patio and is attached to and does not extend above the wall.
Sign, back-to-back. A single sign structure with two parallel and directly opposite sign faces.
Sign, campaign. A sign expressing support for a candidate for public office or another position regarding a
public figure or a public issue relating to an upcoming election or referendum. Outdoor advertising signs shall not
be considered campaign signs.
Sign, dilapidated. A sign that the administrator has determined is structurally unsound, has defective parts,
or is in need of painting or maintenance.
Sign face. The area within a regular geometric shape enclosing all copy and blank masking. Structural
supports not bearing information shall not be included in the computation of sign face. All decorative
embellishments or appurtenances, such as directional arrows, which are not part of the sign face shall not
constitute more than 20 percent of the sign face.
Sign, freestanding. A sign that is permanently affixed to the ground and that is not a part of a building or
other structure having another functional purpose.
Sign, inflatable. A sign that requires air, whether contained or blown, to keep and maintain its shape
including tethered balloons and blimps.
Sign, mansard roof. See "sign, wall."
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Sign, movable. A sign, such as an A-frame, that is moveable by a person without aid of a motor vehicle or
other mechanical equipment.
Sign, nonconforming. A sign that does not comply with the provisions of this article, but that was lawful at
the time of its installation.
Sign, off-premises. A sign advertising goods, products, services, or facilities that are located on premises
other than those upon which the sign is located.
Sign, outdoor advertising.
(a)
Type I. A permanent freestanding off-premises sign, commonly referred to as a billboard, and that is
generally used to rent or lease advertising space.
(b)
Type II. A sign located on, and designed as an integral part of, city-approved public transportation
shelters and is generally used to rent or lease advertising space.
Sign owner. A person who either owns the real property upon which a sign is located; or a person who owns
the sign itself; or, a person whose products, services or cause is promoted by the sign; or, a combination of those
persons.
Sign, portable. A sign that may be moved from one location to another, is not permanently affixed to the
ground, and is differentiated from a movable sign in that it may be equipped for transportation by motor vehicle or
other mechanical means. Trailer signs are considered to be portable signs.
Sign, projecting. A sign that projects 12 inches or more from, and is supported by, a building wall.
Sign, roof. A sign that is erected, constructed or maintained above the roof of any building.
Sign, seasonal use. A sign for a use that operates only during certain seasons or holidays of the year and is
not part of a year-round business. Such uses include, but are not limited to: produce stands, Christmas tree sales,
and sales of seasonal sundries.
Sign, snipe. A sign painted on, or fastened to, trees or utility poles located within a public right-of-way or
other public property.
Sign structure. That portion of the sign designed to support the loads, forces and combinations thereof
encountered without exceeding in any of its structural elements the stresses described in the South Carolina State
Building Code. Structural supports shall be designed to provide the minimum cross-sectional area necessary to
support the applied loads. With the exception of monument signs, if the structural support exceeds the minimal
cross-sectional area necessary to support the loads, the structural supports shall be considered as blank masking
and computed in the allowable sign face area.
Sign, suspended. A sign that is suspended from, and supported by, the underside of a horizontal plane
surface.
Sign, temporary. A sign that is usually made of a relatively lightweight and inexpensive material, is easily
moved, and is displayed only until the event advertised by the sign is completed. Examples of such signs include,
but are not limited to: real estate signs, "sale" signs, and campaign signs.
Sign, vehicle. A sign placed on a stationary or abandoned vehicle parked on any property for the purpose of
advertising. This does not include signs placed on vehicles for sale, rent, or lease.
Sign, V-type. A sign with two sign faces in the shape of the letter "V" when viewed from above; their faces
oriented in different directions; and, the interior angle created by the intersection of the sign faces not exceeding
60 degrees.
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Sign, wall. A sign painted on, or attached flat and parallel to, the exterior wall or surface of a building or
other structure and which projects not more than 12 inches from that wall or surface. A sign located flat on a
mansard roof shall be considered a wall sign.
Sign, window. A sign located near, or attached to, the interior of a window that is observable from the
exterior of the building.
Single-family dwelling. See "dwelling, single-family."
Single-family attached dwelling. See "dwelling, single-family attached."
Single-family detached dwelling. See "dwelling, single-family detached."
Sky glow. The brightening of the night sky that results from the reflection of radiation (visible and nonvisible) scattered from the constituents of the atmosphere (gaseous molecules, aerosols, and particulate matter),
in the direction of the observer. It is comprised of two separate components: natural sky glow - that part of the sky
glow attributable to radiation from celestial sources and luminescent processes in the earth's upper atmosphere;
and, artificial sky glow - that part of the sky glow attributable to man-made sources of radiation (e.g., outdoor
electric lighting), including radiation emitted directly upwards and radiation reflected from the earth's surface.
Slope. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical
magnitude. (Example: Slope = 3:1 means three feet horizontal to one foot vertical.)
Smoke Shop. A retail establishment primarily engaged in the sale of tobacco products, electronic smoking
devices, vapor products, e‑liquids, and related accessories, including cigars, cigarettes, pipes, hookahs, and similar
items, and which may include limited accessory retail sales but does not include on‑site manufacturing of
products.
Solar Farm (Small-Scale). “A series of ground mounted solar collector panels that collects solar radiation and
transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or collects solar
energy to convert it into electricity. This land activity covers less than five (5) acres, is often referred to as a solar
farm, and does not include solar collection panels installed on the roofs of structures or solar collection panels
intended to generate power or energy to individual entities.”
Solar Farm (Medium-Scale). “A series of ground mounted solar collector panels that collects solar radiation
and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or collects
solar energy to convert it into electricity. This land activity covers five (5) to fifty (50) acres, is often referred to as a
solar farm, and does not include solar collection panels installed on the roofs of structures or solar collection
panels intended to generate power or energy to individual entities.”
Solar Farm (Large-Scale). “A series of ground mounted solar collector panels that collects solar radiation and
transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or collects solar
energy to convert it into electricity. This land activity covers more than fifty (50) acres, is often referred to as a
solar farm, and does not include solar collection panels installed on the roofs of structures or solar collection
panels intended to generate power or energy to individual entities.”
Spa. See "health club or spa."
Special emphasis neighborhood. A land area whose boundaries are defined in accordance with the U.S.
Department of Housing and Urban Development for eligibility under "area benefit activities" where at least 51
percent of the residents earn no more than 80 percent of the area median income for York County.
Start of construction. The first placement of permanent construction of a structure (other than a
manufactured home) on a site such as the pouring of slabs or footings or any work beyond the stage of excavation,
including the relocation of a structure. Permanent construction does not include: installation of streets and/or
walkways.
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State. The State of South Carolina.
Story. That portion of a building included between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
Story, half. A space under a sloping roof that has the line of intersection of roof decking and wall face not
more than three feet above the top floor level and in which space not more than two-thirds of the floor area is
finished for occupancy. A half story containing independent living quarters shall be counted as a full story.
Street. A thoroughfare designed to provide the principal means of access to abutting property or designed to
serve as a roadway for vehicular travel, or both, but excluding alleys. The following descriptions define the
categories of streets:
(a)
"Arterial" streets are of exceptional continuity; they are designed to carry the greater portion of
through-traffic from one area of the town to another.
(b)
"Collector" streets are neither "arterial" nor "local" streets; their location and design provide
exceptional continuity and serve as a means of access to traffic generators or serve as routes
connecting arterial streets.
(c)
"Local" streets are designed to provide access to primarily residential areas and relatively short
distances of travel. The following descriptions define the sub-categories of local streets:
(1)
"Culs-de-sac" are streets having one end open to traffic and the other end being terminated with
a vehicular turnaround. They are designed to accommodate a maximum of 400 ADT, a minimum
length of 150 feet.
(2)
"Low volume local streets" are streets designed to accommodate a maximum of 400 ADT, limited
to loop streets or similar, and designed in such a way so as to prohibit access to future streets.
These streets do not serve vehicles passing through the area with neither an origin nor
destination within the area.
(3)
"Medium volume local streets" are designed to accommodate an ADT of 400—1500. They are
designed to provide access to adjacent residential property and to serve as connectors between
local streets.
(4)
"High volume local streets" are designed to accommodate an ADT greater than 1500. They are
designed to serve as "collectors" through large residential developments where the ADT cannot
be accommodated by "medium volume local streets".
Street line. Dividing line between a lot, tract or parcel of land and a contiguous street.
Street width. The shortest distance between the lines delineating the rights-of-way of a street.
Structural alterations. Any change to the supporting members of a building, such as foundation, bearing
walls, columns, beams, girders, rafters, etc.
Structure. Anything constructed or erected that requires permanent location on the surface of the land. The
term "structure" does not include features such as ornamental pools, planting boxes, sculpture or bird baths, open
terraces, walkways, driveways, walls or fences, recreational equipment, flagpoles, light standards, underground
fallout shelters, mailboxes, gatehouses, burial vaults or bus shelters.
Subdivider. Any person, individual, firm, partnership, association, corporation, estate or trust or any other
group, agent, or combination thereof acting as a unit, dividing or proposing to divide land so as to constitute a
subdivision as defined in this section.
Subdivision. The division of a tract or parcel of land into two or more lots, building sites, or other divisions for
the purpose, whether immediate or future, of sale, lease, or building development, and includes all divisions of
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land involving a new street or change in existing streets, and includes re-subdivision which would involve the
further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or
recorded according to law; or the alteration of any streets or the establishment of any new streets within any
subdivision previously made and approved or recorded according to law, and includes combinations of lots of
record.
Substantial damage. Damage of any origin including fire, flood, lateral earth movement, war, or wind
sustained by a structure where the cost of restoring the structure to its "before-damaged" condition would equal
or exceed 50 percent of its "before-damage: market value. For purposes of this ordinance, any structure flooded
four or more feet above its lowest finished floor shall be considered "substantially damaged".
Substantial improvement. For a structure built prior to the enactment of the ordinance from which this
section is derived, any reconstruction, rehabilitation, addition, or other improvement of a structure the cost of
which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures that have incurred "repetitive loss" or "substantial damage,"
regardless of the actual repair work performed. For the purpose of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building
commences whether or not that alteration affects the external dimensions of the structure. The term does not,
however, include either: any project for improvement of a structure to comply with state or local health, sanitary
or safety code specifications which are solely necessary to ensure safe living conditions; or, any alteration of a
structure listed on the National Register of Historic Places or a state inventory of historic places.
Suggested plant list. The list of trees, shrubs, and ground covers approved for use in the town for compliance
with this ordinance as reflected in the design and specification manual.
Sweepstakes cafes. A use where computers, devices, or software are provided by the business or patrons to
access games or similar sites, whether free or by purchase, and where cash, merchandise or other items of value
are redeemed or otherwise distributed whether or not the distribution is determined by games played or are
predetermined.
Tattoo/tattooing. To indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or
pigments. The practice of tattooing does not include the removal of tattoos, nor the practice of
micropigmentation, branding, cutting, scarification, skin braiding, or the mutilation of any part of the body.
Tattoo facility. Any room, space, location, area, structure, or business, or any part of any of these places,
where tattooing is practiced or where the business of tattooing is conducted.
Taxicab service. A service that offers transportation to persons via automobiles and vans.
Temporary. A specified period of time for which an activity or use is authorized.
Temporary vehicular turnaround. A designated surface area as specified by the administrator located within a
right-of-way or easement that provides sufficient turning capacity for emergency vehicles.
Towing service. A business that specializes in the removal of a motor vehicle by towing, carrying, hauling, or
pushing from public or private property. This shall not include an "automobile servicing" use that has a tow truck
and repair vehicles on site.
Tract. An area, parcel, site, piece of land, or property that is the subject of a development proposal and
application.
Trade school. A school conducted as a commercial enterprise for teaching skills such as: instrumental music,
dancing, barbering, hairdressing, industrial skills in which machinery is employed as a means of instruction, etc.
Incidental instructional services in conjunction with another primary use shall not be considered a business school.
Tree. Self-supporting woody plants of species that normally grow to an overall height of at least 15 feet.
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(a)
Small tree means any tree normally maturing at a height of less than 30 feet.
(b)
Intermediate deciduous tree means any deciduous tree normally maturing at a height between 30 and
50 feet.
(c)
Major deciduous tree means any deciduous tree normally maturing at a height of at least 50 feet.
(d)
Small evergreen tree means any evergreen tree with a mature height of at least 15 feet.
(e)
Major evergreen tree means any evergreen tree with a mature height of at least 30 feet.
Tree density standard. A minimum number of tree density units per acre that must be achieved on a property
after development.
Tree density unit. A credit assigned to a tree, based on the diameter of the tree, in accordance with tables
contained in this article.
Tree form shrub. A large deciduous or evergreen shrub that has been pruned of its lower limbs and other
foliage, to a minimum height of four feet, to reveal the main vertical supporting branches.
Tree protective zone. That portion of any parcel of land coinciding with the front, side and rear yard setback
requirements, as established by this ordinance, and may also include specific areas within parking areas which the
administrator requires to be included in site plans.
Truck or freight terminal. An area and building where buses, trucks, and cargo are stored, where loading and
unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.
Truck or trailer rental. The rental of truck or trailer equipment primarily intended for individual use and
minor residential gardening and construction projects. This use does not include the rental, storage, or
maintenance of large construction equipment.
Unacceptable species. Plant species which will not be counted toward the total tree requirements of this
ordinance.
Undeveloped multi-residential and non-residential property. Undeveloped property located within a district
in which multifamily, industrial, service or commercial uses are included as permitted uses.
Undeveloped residential property. Undeveloped property in a district zoned primarily for detached singlefamily dwelling units and duplexes, but not including as permitted uses industrial, service, and commercial uses.
Upper story dwelling. See "dwelling, upper story."
Usable wall area. The surface area of a building's exterior wall, including doors and windows, upon which a
sign is proposed.
Utility, major. Services of a regional nature that normally entail the construction of new buildings or
structures such as: generating plants and sources; electrical switching facilities, stations and substations; water and
waste water treatment plants; and, similar facilities.
Utility, minor. Services that are necessary to support development within the immediate vicinity and that
involve only minor structures. Included in this use type are small facilities such as: transformers, relay and booster
devices; and, well, water and sewer pump stations.
Utility service area. That portion of a site occupied by items such as: garbage dumpsters and compactors;
large air conditioning units; aboveground storage or fuel tanks; major electrical transformers; and, similar
equipment.
Variance. A grant of relief to a person from the requirements of this section which permits construction in a
manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
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Veterinary clinic. A facility for the care and treatment of small animals, including household pets. Such
facilities may be entirely indoors or may have both indoor and outdoor components.
Wall, bearing. A wall supporting imposed weight (live load) in addition to its own weight (dead load).
Wall pack. A type of light fixture typically surface-mounted on a vertical wall surface.
Wall, retaining. A wall designed to prevent the lateral displacement of soil or any other material.
Warehouse. A use engaged in storage and distribution of manufactured products, supplies, and equipment,
excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions
commonly recognized as offensive.
Waste disposal or treatment operation. A facility or group of units used for the disposal or treatment of
industrial or domestic wastes and for the reduction and handling of solids and gases removed from such wastes.
Wholesale establishment. An establishment primarily engaged in: selling and distributing merchandise to
retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers; and, acting
as agents or brokers by buying merchandise for, or selling merchandise to, such individuals or companies.
Examples include, without limitation: feed mills, granaries, and elevators; household moving and general freight
storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck, or air
freight terminals; bus barns; parcel services; major post offices; grain terminals; and the stockpiling of sand, gravel,
or other aggregate materials.
Yard. An open space at grade between a building and the adjoining lot lines.
Yard, front. An open space between the front of a building and the front lot line, generally adjacent to a
street, and extending the full width of the lot.
Yard, rear. An open space between the rear of a building and the rear lot line and extending the full width of
the lot.
Yard, side. An open space between the side of a building and the side lot line extending from the front yard
to the rear yard or from the front lot line to the rear lot line when a front and rear setback is not required.
Youth activity center. A boys' club, a girls' club or any other facility that is not a school but which provides
entertainment, recreation, crafts, tutorials or other quality of life enhancements for minors, whether a nonprofit
facility or otherwise.
Zoning district map. A map (or maps) that graphically delineate(s) the boundaries of all mapped districts
within the corporate boundary of the town.
Zoning ordinance. This ordinance and any other adopted regulations of the Town of Fort Mill pertaining to
the development and use of land.
(Ord. No. 03-05, § 1, 2-10-03; Amd. of 11-12-07; Ord. No. 2011-12, § I, 8-8-11; Ord. No. 2014-06, § I, 2-24-14)
Sec. 2. Jurisdiction.
The regulations and provisions found in this ordinance shall apply to all properties located within the
corporate limits of the Town of Fort Mill and any other areas under the zoning jurisdiction of the Fort Mill Planning
and Zoning Commission at the adoption of this ordinance. The boundaries of the areas zoned are shown on the
official zoning map.
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Sec. 3. Official zoning map.
The boundaries of the various zoning districts have been indicated on the official zoning map. Such map shall
be known as the "Official Zoning Map of the Town of Fort Mill, South Carolina," and shall be certified by the
signatures of the town clerk and mayor. The zoning map is hereby made a part of this ordinance. All changes to the
district boundaries shown on the official zoning map shall be certified by the signature of the town manager or his
designee.
Sec. 4. Intent of districts.
A.
Each district is established as an exclusive zoning district, and only those uses which 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 added by amendment.
B.
When uncertainty exists with respect to the boundaries of districts as shown on the official zoning map, the
following shall apply:
1.
Delineation. District boundary lines are generally intended to be along or parallel to property lines, lot
lines, the centerline of streets, alleys, railroads, easements, other rights-of-way and creeks, streams, or
other water channels. In the absence of specified distances on the map, dimensions or districts shall be
determined by scaling the distance on the official zoning map.
2.
Zoning board of appeals. When the street or property layout existing on the ground is at variance with
that shown on the official zoning map, the zoning board of appeals shall interpret the district
boundaries of this ordinance.
3.
Increase or reduction of boundaries. The entire land area within the corporate limits of the Town of
Fort Mill at the time of adoption of this ordinance shall be zoned under the provisions of this
ordinance. When the total land area under the jurisdiction of the Fort Mill Planning and Zoning
Commission is increased or reduced by virtue of annexation by the Town of Fort Mill or some other
means, the zoning district boundaries shall be adjusted in the following fashion:
A)
Then the change results in an increase in land area within the corporate limits of the Town of Fort
Mill and the land area involved was previously under the jurisdiction of the Fort Mill Planning and
Zoning Commission, the zoning district classification which applied to said area when it was
unincorporated shall continue to apply.
B)
When the change results in an increase in land area under the jurisdiction of the Fort Mill
Planning and Zoning Commission and the land area involved was not previously under the
jurisdiction of the Fort Mill Planning and Zoning Commission, each land area shall be zoned for its
most logical and reasonable use by the Fort Mill Planning and Zoning Commission subject to
approval by the Fort Mill Town Council.
C)
When reductions are made in the total land area under the jurisdiction of the Fort Mill Planning
and Zoning Commission, provisions of this ordinance shall no longer apply to that land area.
D)
In all cases, where additions or reductions in total land area require adjustments in the zoning
district boundaries, such adjustments shall be made on the zoning map.
Sec. 5. Establishment of districts.
A.
For the purpose of this ordinance, the areas under the jurisdiction of the Fort Mill Planning Commission,
Board of Zoning Appeals, Historic Review Board, and the town council are hereby divided into 28 districts:
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R-25 One-family residential
R-15 One-family residential
R-12 One-family residential
R-10 One-family residential
GR General residential
GR-A General residential-A
MHP Mobile home park
LC Local commercial
HC Highway commercial
GI General industrial
PCD Planned cluster development
SHPD Scenic highway planned development
HP Historic preservation
PND Planned neighborhood development
RC Resource conservation
TC Transitional commercial
LI Limited industrial
MXU Mixed use development
MID Municipal improvement
THCD Tom Hall Street corridor
UD Urban development
R-5 Residential
COD/COD-N Corridor Overlay District
RT-4 Residential district
RT-8 Residential district
RT-12 Residential district
TCP Transportation Corridor Protection Overlay District
INST Institutional District
B.
Legacy districts: Within the Town of Fort Mill, certain districts shall be referred to as legacy districts. These
districts exist in order to preserve the conforming status of existing or approved developments and to allow
for consistency in the future development of areas zoned to a legacy district. No new legacy district shall be
added to the Official Zoning Map, nor shall any boundary of an existing legacy district be expanded.
The following district, as established in Article I, Section 5(A), shall be considered a legacy district:
R-5 Residential
RT-4 Residential district
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RT-12 Residential district
GR Residential district
GR-A General Residential-A district
(Ord. No. 2012-06, § I, 8-23-12; Ord. No. 2013-17, § I, 6-24-13; Ord. No. 2014-06, § II, 2-24-14; Ord. No. 2014-20, §
I, 9-8-14; Ord. No. 2018-09, § I, 3-26-18; Ord. No. 2018-18, § I, 6-11-18; Ord. No. 2019-27, § I, 9-23-19)
Sec. 6. Applicability of regulations.
The various zoning district regulations established and set forth in this ordinance are declared to be the
minimum requirements necessary to carry out the purposes of this ordinance. Therefore, except as hereinafter
provided:
A)
No lot shall be reduced in size so that the total area, lot width, necessary yards or other open spaces,
lot area per dwelling unit, or other requirements of this ordinance are not maintained.
B)
No new building shall hereafter be erected, altered, or moved to create narrower or smaller front
yards, side yards, rear yards, or other open spaces than required by this ordinance for the zoning
district in which such building will be located.
C)
No permit for the use of any lot which is smaller in total area than the minimum size permitted for the
district within which it is located shall be issued unless such lot was legally and properly recorded prior
to the passage of this ordinance; provided, that such a lot may be used as the location of a singlefamily dwelling with the related accessory buildings providing such lot is in separate ownership and is
not of continuous frontage with another lot or lots of the same ownership. However, in all cases,
construction on any such lots, after the passage of the ordinance, shall be required to meet all other
requirements of the district within which it is located, including front yard setbacks, side yards, rear
yards, and others.
Sec. 7. General provisions.
A.
Street access: Except as herein provided, no building shall hereafter be erected, constructed, moved, or
relocated on a lot not located on a publicly dedicated, publicly accepted or publicly maintained street, or a
private street approved by the Town of Fort Mill with a right-of-way of not less than 40 feet.
B.
Location of principal buildings on zoning lots and residential limitations: Every building or use hereafter
erected or established, except as herein provided, shall be located on a zoning lot, and every one-or twofamily residential structure, except as herein provided, shall be located on an individual zoning lot. In all
cases, every building on the lot shall be located within the buildable area formed by the building lines, as
defined in article I, section 1 as outer boundaries. In no case shall such buildings infringe beyond the building
lines into the respective front, side, rear yards or other setbacks required for the district in which the lot is
located.
C.
Corner lots: On lots having frontage on more than one street at an intersection, the minimum front yard
requirement shall be provided for each street in accordance with the provisions of this ordinance.
D.
Double frontage lots: On lots having frontage on more than one street, but not located on a corner, the
minimum front yard shall be provided for each street in accordance with the provisions of this ordinance.
E.
Front yard requirements: Where lots comprising forty percent or more of the frontage on one side of a street
between two street intersections in any district are improved with buildings that have observed an average
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front yard line with a variation in depth of not more than six feet, then the average front yard so established
may be observed; provided, that this regulation shall not be interpreted as requiring a front yard of more
than that which would be normally required by the terms of this ordinance for the district in which the lot is
situated. In such cases, the setback on such a lot may be less than the required setback but not less than the
average of the existing setbacks on the developed lots.
F.
G.
Home occupations: A home occupation, as defined in article I, section 1, shall be permitted in any residential
district; provided that such occupation:
1)
Is conducted by no other person than members of the family residing on the premises,
2)
Is conducted entirely within the principal building,
3)
Utilizes not more than 25 percent of the total floor area of the principal building,
4)
Produces no alteration or change in the character or exterior appearance of the principal building from
that of a dwelling,
5)
Involves no sale or offering for sale of any article not produced or assembled by members of the family,
or any service not entirely performed by members of the family, residing on the premises,
6)
Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard,
unhealthy or unsightly condition,
7)
Is not visibly evident from outside the dwelling, except for one nonilluminated sign two square feet or
smaller in area, mounted against a wall of the principal building,
8)
Provides adequate off-street parking for the maximum number of vehicles encountered in the conduct
of the occupation in a manner and at such a location so as not to detract from the appearance of the
premises or to inconvenience the neighboring residences.
Accessory uses: In addition to the principal uses which are designated herein as being permitted within the
several zoning districts established by the ordinance, it is intended that certain uses customarily incidental or
accessory to such principal uses shall also be permitted. Accessory uses shall not be converted to living space
unless they meet the setback requirements of the principle structure for the zoning district in which they are
located. For the purposes of this ordinance, therefore, each of the following uses is considered to be a
customary accessory use, and, as such, may be situated on the same lot with the principal use or uses to
which it serves as an accessory:
1)
2)
Uses customarily accessory to dwellings:
A)
Private, unattached garages and carports,
B)
Open storage space or parking area for non-commercial motor vehicles. Not more than one
commercial vehicle may be housed or regularly parked on any lot,
C)
Satellite dishes, provided they are restricted to the rear yard.
The following customary accessory uses must not be in front of the principal structure on a lot:
A)
Unattached private garages or carports,
B)
Shed or tool room for the storage of equipment used in grounds or building maintenance,
C)
Children's playhouse and play equipment,
D)
Private kennel for family pets, provided they are of the type authorized by town Ordinance,
E)
Private swimming pool and bath house or cabana,
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3)
F)
Structures designed and used for purposes of shelter in the event of man-made or natural
catastrophes,
G)
Noncommercial flower, ornamental shrub, or vegetable garden greenhouse or slat house not
over eight feet in height.
Uses customarily accessory to church buildings:
4)
A)
Religious education buildings,
B)
Parsonage, pastorium or parish house, together with any use accessory to a dwelling, as listed
under paragraph 1) of this subsection G.,
C)
Off-street parking area for the use, without charge, to members and visitors to the church.
Uses customarily accessory to retail business, offices and commercial recreation facilities:
A)
Off-street parking or storage area for customer, client, or employee-owned vehicles,
B)
Completely enclosed building for the storage of supplies, stock, or merchandise,
C)
Light manufacturing and/or repair facility incidental to the principal use;
provided that dust, odor, smoke, noise, vibration, heat, or glare produced as a result of such
manufacturing or repair operation shall not be perceptible from any boundary line of the lot on which
such principal and accessory uses are located; and provided that such operation is not otherwise
specifically prohibited in the district in which the principal use is located.
5)
Parks and greenways are allowed as accessory uses in all districts.
H.
Setback and other yard requirements for accessory uses: In any district, all accessory uses operated in
structures above ground level shall observe all setbacks, yards and other requirements set forth for the
district within which they are located. In any district, an accessory drive to an accessory garage, parking area
or truck loading space may be located within a required side yard.
I.
Off-street parking and off-street loading requirements:
1)
Parking: Off-street parking must be provided on every lot on which any of the following uses are
hereafter established. The number of parking spaces provided will be at least as great as the number
specified in this section of the zoning ordinance for the particular use(s). When application of the
provision results in a fractional space requirement, the next larger requirements will prevail. The
zoning administrator may vary this requirement resulting in a ten percent decrease in the minimum
number required. Up to 50 percent of the required parking spaces may be provided by on-street
parking in conformance with subsection 11 of this section.
A)
All uses and establishments commenced hereafter shall provide the minimum number of offstreet parking spaces required in this section. Establishments shall provide parking spaces
according to the following schedule:
Residential Uses
Single-family
Multi-family
Elderly housing (independent or assisted living)
Accessory dwelling unit (on residential lot)
Retail/service
General retail (not in shopping center)
Grocery (freestanding)
Spaces Required
No requirement
1.5 per unit
.5 per dwelling unit
No requirement
3.5 per 1,000 sq. ft. of GLA
5 per 1,000 sq. ft. of GLA
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Shopping centers
Vehicle sales and service
Funeral home
Convenience store
Hotel/motel
Child day care (7 children or more)
Restaurant
Office and business
General business office
Bank (with drive through)
Hospital/in-patient facility
4 per 1,000 sq. ft. of GLA
5.5 per 1,000 sq. ft. of interior sales
4.5 per 1,000 sq. ft. of GLA
.25 per 1,000 sq. ft. of GLA (Pump Bays included)
1 per room
1 per 4 persons of maximum fire rated capacity
1 per 3 persons of maximum fire rated capacity
3.25 per 1,000 sq. ft. of GLA
4.5 per 1,000 sq. ft. of GLA
2 per patient bed + 1 per every 300 square feet of
administrative area
4.5 per 1,000 sq. ft. of GLA
3 per 1,000 sq. ft. of GLA
.5 per 1,000 sq. ft. add space as required for office,
sales or similar use when more than 10 percent GFA
1 per 1,000 sq. ft.
.5 per 1,000 sq. ft.
.20 per 1,000 sq. ft.
As determined by zoning administrator
Medical office
Ambulatory surgical facilities
Industrial/wholesale/utility
Manufacturing/light industrial
Industrial park
Warehouse
Mini-warehouse
Government
Educational
Elementary/middle
High
Cultural/recreation/entertainment
Public assembly
Museum
Library
Religious centers
Cinemas
Theaters (live performance)
Health clubs/rec. facilities
Golf course
1.10 per employee
.35 per student
.25 per persons of maximum fire rated capacity
1.25 per 1,000 annual visitors
4 per 1,000 sq. ft. GFA
.25 per persons of maximum fire rated capacity
.33 per seat
.33 per seat
1 per 3.5 persons of maximum fire rated capacity
3 per hole
B)
The parking space requirements for a use not specifically listed will be the same as for a listed use
of similar characteristics of parking demand.
C)
For uses having different parking requirements and occupying the same building or parcel, the
minimum number of required spaces shall be the sum total of all the individual uses. For
developments of portions of developments within the same mixed use development district
designed as a single, coordinate project having at least 50,000 square feet of gross floor area, the
minimum number of required spaces shall be one space for every 250 square feet of gross floor
area designed for nonresidential use and occupancy.
D)
Shared parking is allowed and is encouraged in circumstances where the parking would be within
1,200 feet of each respective use.
E)
Those wishing to use shared parking as a means of satisfying off-street parking requirements
must submit a shared parking analysis to the zoning administrator that clearly demonstrates the
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feasibility of shared parking. The study must be provided in a form established by the zoning
administrator. It must address, at a minimum, the size and type of the proposed development,
the composition of tenants, the anticipated rate of parking turnover and the anticipated peak
parking and traffic loads for all uses that will be sharing off-street parking spaces.
F)
2)
A shared parking plan shall be enforced through written agreement among all owners of record
and included in the development agreements filed with the town. The owner of the shared
parking area shall enter into a written agreement with the town with enforcement running to the
town providing that the land comprising the parking area shall never be disposed of except in
conjunction with the sale of the building which the parking area serves so long as the facilities are
required; and that the owner agrees to bear the expense of recording the agreement and such
agreement shall bind his or her heirs, successors, and assigns. An attested copy of the agreement
between the owners of record shall be submitted to the zoning administrator for recordation in a
form established by the town attorney. Recordation of the agreement must take place before
issuance of a building permit or certificate of occupancy for any use to be served by the shared
parking area. A shared parking agreement may be revoked only if all required off-street parking
spaces will be provided on-site. The town shall void the written agreement if other off-street
facilities are provided in accord with these zoning regulations.
Handicap accessible parking: Handicap accessible parking spaces shall be provided in accordance with
the table below:
Number of Required Accessible Parking Spaces*
Total Spaces Required
Required Number to be reserved for Handicapped
Up to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
Over 1,000
20; plus 1 for each 100 over 1,000
*Note: The number of accessible spaces shall be
calculated based on the total number of required
parking spaces.
3)
Minimum parking dimensions:
A)
4)
Compact spaces: In parking lots having 20 or more spaces, up to 25 percent of the total required
spaces may be provided as compact spaces. Such spaces shall have minimum dimensions as
follows:
Parking lot landscaping: Landscaping islands within parking areas shall be no less than the minimum
dimensions of a full-size parking space (measured from edge of pavement or back of curb, if such
islands are defined by curb). Islands shall be installed every 25 spaces to include a 2.5″ caliper tree
(minimum). No parking space shall be further than 110 feet from a landscape island. All trees planted
in landscape islands shall adhere to the standards set forth in chapter 38, division 3, tree control.
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5)
On-street parking: A minimum of 50 percent of the required off-street parking must be provided on
site. Where on-street parking is available or provided as part of the development, on-street parking
spaces may account for up to 50 percent of the required spaces, provided:
a.
A key map is provided that delineates the location of allocated on-street spaces for a designated
parcel or use.
b.
The on-street parking must be located within 1,200 feet of the primary entrance of a use.
c.
On-street parallel parking spaces shall be 7' × 20' measured from the face of curb (or edge of
pavement, if curb does not exist).
d.
On-street diagonal parking with a 60-degree angle or less shall have a minimum travel lane width
of 11 feet.
6)
Historic or downtown district parking: Business located in the historic or downtown district, regardless
of type, shall not be required to meet the standards provided herein.
7)
Off-street loading requirement: All establishments commenced hereafter which acquire or dispense
goods shall provide the minimum number of off-street loading spaces required in this ordinance.
Minimum dimensional requirements for such a space shall be 15 feet by 30 feet, and there shall be
adequate access to such loading space from a public street. The following schedule shall apply to all
uses within the various district which are required to provide off-street loading facilities:
Gross Floor Area
1—25,000
25,000—40,000
40,000—100,000
100,000—160,000
160,000—240,000
240,000—320,000
320,000—400,000
Each 90,000 above 400,000
Required Number of Berths
1
2
3
4
5
6
7
1 additional berth
J.
Curb cuts: No driveway shall be located closer than fifteen feet to the intersection of any public street, as
measured along the right-of-way. Driveways shall be a maximum of 30 feet in width and shall be at least 21
feet apart, except in residential districts.
K.
Corner visibility: In all zoning districts established by this ordinance, except the local commercial (LC) district,
there shall be no obstruction to visibility on any corner lot within 25 feet of the intersection of any two rightof-way lines.
L.
Height limitation exceptions: The following uses are not controlled by height limitations of this ordinance:
belfries, spires, cupolas, domes, chimneys, smokestacks, water towers, conveyors, flag poles, television and
radio masts, aerials, towers, and similar structures.
M.
Fences:
A)
Permit requirements: Any person wishing to erect, alter, or relocate a fence must first obtain a fence
permit from the code enforcement officer. Fences not meeting the standards outlined in this section
may be permitted by a special use permit. The code enforcement officer may exercise the power to
impose reasonable conditions in granting a special use permit under the requirements and guidelines
of this ordinance.
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B)
Fencing requirements:
1)
Fences shall be limited to a maximum height of six feet for rear and side yards and cannot extend
beyond the principal structure into the front yard. For the property owners' protection, a six-inch
setback from property lines shall be required.
2)
Front yard fences shall not exceed four feet in height and must be approved by the Code
Enforcement Officer. Front yard fences cannot be located in any right-of-way.
3)
Fences shall be constructed with quality material and workmanship and be maintained in good
repair. Materials must be approved by the code enforcement officer. Barbed wire, constantine
wire, razor wire, or poultry wire are strictly prohibited.
4)
The finished side of fences shall face adjoining property and shall blend with the landscape.
5)
On corner lots, fences may not be permitted beyond the principal structure in side yards facing
the adjoining street.
The sides and rear fence shall conform to the above guidance; however, due to the potential visibility
problem, the construction of fences within the front yard will be restricted. The code enforcement officer
may use the authority provided in subsection M.A). to issue a special use permit for front yards on a case-bycase basis for corner lots.
(Amd. of 10-8-07; Ord. No. 2020-02, § I, 1-27-20)
Sec. 8. Transportation impact analyses.
Transportation impacts, and how to mitigate them, are an important consideration for our community when
a development is proposed. Public policy makers, citizens, and developers all have a stake in understanding and
responding to additional demands on the transportation system. A Transportation Impact Analysis (TIA) is a tool
used to evaluate the incremental impacts on the surrounding transportation infrastructure and how to mitigate
them to maintain safe traffic and transportation operations.
A.
TIA determination. The town shall determine the need for a TIA upon receipt of any development
application (by-right or rezoning) accompanied by a sketch or schematic plan. Types of development
applications could include, but are not limited to, multi-family developments, single family
developments, commercial developments, mixed-use projects, rezonings, or annexation requests. If
warranted, the transportation consultant assigned by the town shall prepare the TIA. At the discretion
of the South Carolina Department of Transportation (SCDOT) and the town, a Transportation Technical
Memorandum, in lieu of a full TIA report, may be allowed for some developments.
B.
Minimum thresholds for TIAs. A TIA will be required to accompany any development plan when
expected gross trip generation is 400 total trips or more in a 24-hour period, and/or 100 total trips
during either the AM or PM peak hours [prior to any trip reductions applied - see section 8.6.G.(10)].
The gross trip generation will be calculated by the town or its consultant based on information
(proposed project summary and development plan) provided by the applicant, and the final
determination for requiring the TIA will be made by the town. The town may also determine the need
for a TIA based on special circumstances associated with the development, even if the gross trip
generation falls below the identified threshold(s). This may be due to location, an intersection or
thoroughfare nearby that is at or above capacity, the nature of the use, or one of the following:
1.
Traffic generated from a non-residential development that could potentially significantly impact
adjacent residential neighborhoods.
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2.
Traffic operation issues for current and/or future years on nearby streets are expected to be
significantly worsened by traffic generated from the proposed new development.
3.
Arterials and/or collectors near the site are experiencing significant/unacceptable delays.
4.
Traffic safety issues exist at the intersection(s) or street(s) that would serve the proposed new
development.
5.
The proposed land use differs significantly from the future land use designation of the town's
adopted Comprehensive Plan.
6.
The internal street or access system is not anticipated to accommodate the expected traffic
generation.
7.
The proposed development project includes a drive-through facility or other uses, such as
schools, that require significant on-site circulation that may have an offsite impact to adjoining
roads and/or intersections.
8.
The amount, behavior, and/or assignment of traffic is deemed by the town as being significantly
different from a previously approved TIA, or more than 24 months have passed since completion
of a previous TIA for the site.
A transportation technical memorandum (TTM) will be required for any proposed development
when the conditions above are not met. In this case, the town and its consultant will determine
what the TTM will address.
C.
Scoping meeting. A mandatory scoping meeting is required prior to beginning the TIA to discuss the
requirements and strategies for a TIA specific to the site and the proposed development. Background
information shall be submitted by the applicant and shall include a conceptual site plan showing
proposed access points, access spacing/distances between one another and adjacent roads, proposed
land uses and densities, structure and parking envelopes. The town, the transportation consultant
assigned by the town, and the applicant(s) are required to attend the mandatory scoping meeting, and
representatives from the SCDOT District 4 office, York County, and Rock Hill-Fort Mill Area
Transportation Study (RFATS) will be invited and encouraged to attend as needed. The applicant may
invite members of his/her development team as needed.
D.
Scoping document. A scoping document detailing the understood scope and parameters of the TIA shall
be prepared by the transportation consultant assigned by the town. The Scoping Document shall be
signed by the applicant, the town, and the SCDOT and/or York County (if access to a state or county
road is involved) before the consultant can begin work on the TIA. Failure by the applicant to provide
accurate information or failure by the assigned transportation consultant to follow the scoping
document shall result in disapproval of the TIA. If significant changes are made to the parameters
outlined in the scoping document, a revised scoping document will be required.
E.
Fees. Prior to the scoping meeting, the transportation consultant assigned by the town shall submit a
summary of consultant fees to the town to perform the scoping portion of the TIA based upon the
background information submitted by the applicant (discussed in item C. above). The applicant shall
agree to provide payment in full to the town for these services prior to scheduling of the scoping
meeting. After the scoping document is prepared, changes by the applicant which require updates to
the scoping document, will result in additional services and must be paid for by the applicant prior to
performance of the additional services. After the scoping meeting, the transportation consultant
assigned by the town shall submit a summary of consultant fees for preparing the TIA to the town. Per
the scoping document, the applicant shall agree to provide payment in full to the town for preparation
of the TIA so that the town can release the work to the consultant. Any additional services incurred by
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the transportation consultant in addition to the scoping document must be approved by the town and
agreed to and paid for by the applicant prior to performance of the additional services.
F.
Transportation mitigation agreement (TMA). Upon completion of the TIA, certain on- or off-site
transportation mitigation measures may be required as recommended by the TIA. If so, the
transportation consultant assigned by the town shall prepare a transportation mitigation agreement
(TMA) which will summarize the following:
1.
Development plan.
2.
Development phasing and timing (if applicable).
3.
Site access and points of ingress/egress.
4.
On- and off-site improvements required to adequately mitigate the project impacts to the town's
transportation system, including vehicular, pedestrian, and bicycle improvements.
5.
Trigger points and deadlines for construction and/or submittal of financial guarantees for any
improvements.
The TMA must be signed by the applicant and town following the approval of the TIA by all applicable
parties. All required mitigation measures must be implemented as prescribed in the TMA. If the
development program is planned to be phased, then a development phasing analysis shall be
performed, either as part of the TIA or as an additional service to the TIA, to determine the mitigation
for each phase of development if mitigation phasing is desired by the applicant. The applicant shall
provide a financial guarantee in a manner acceptable to the town in the amount of 150% of all phased
transportation improvements as prescribed in the TMA. A planning-level opinion of probable
construction cost (OPCC) will be performed by the town and its consultant as an additional service, and
submitted to the applicant to provide payment. The OPCC will include costs for planning/design,
utilities, permitting, construction, and right-of-way.
G.
TIA outline and contents. The outline and contents of what is required to be included in the TIA will be
discussed at the scoping meeting and included in the scoping document. A detailed summary of the
expected content and methodologies to be used in the TIA is discussed below:
1.
Cover/signature page. Includes the project name, location, name of the applicant, contact
information for the applicant, and date of the study. The name, contact information, registration
number, signature, and seal of a duly qualified and registered professional engineer in the State
of South Carolina are also required to appear on this page.
2.
Table of contents. Includes a list of all section headings, figures, tables, and appendices included
in the TIA report. Page numbers shall denote the location of all information, excluding
appendices, in the TIA report.
3.
Executive summary. Includes a description of the study findings, a general description of the
project scope, study horizon years, expected transportation impacts of the project, and
mitigation measure recommendations. Technical publications, calculations, documentation, data
reporting, and detailed design shall not be included in this section.
4.
Project description. Includes a detailed description of the development, including the size of the
parcel, development size, existing and proposed uses for the site, anticipated completion dates
(including phasing if appropriate). It shall also include the square footage of each use and/or the
number and size of dwelling units proposed, and a map and copy of the site plan provided by the
applicant.
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5.
Site description. Includes a description of the project location within the town and region, existing
zoning and use (and proposed use if applicable), and key physical characteristics of the site,
including general terrain and environmentally sensitive or protected areas.
6.
Site access. A complete description of the ingress/egress of the site shall be explained and
depicted. It shall include number of driveways, their locations, distances between driveways and
intersections, access control (full-movement, leftover, right-in/right-out, etc.), types of driveways
(two-way, one-way, etc.), traffic controls, etc. Internal streets (lanes, flow, and queuing), parking
lots, pedestrian and bicycle facilities, and designated loading/unloading areas shall also be
described. Similar information for adjacent properties, including topographic grade relationship,
shall be provided to evaluate opportunities for internal and/or adjacent connectivity. The design,
number, and location of access points to collector and arterial roadways immediately adjacent to
the site must be fully analyzed. The number of access points shall be kept to a minimum and
designed to be consistent with the type of roadway facility. Driveways serving the site from state
roads shall be designed in accordance with the SCDOT's Access and Roadside Management
Standards (ARMS) Manual and/or town standards, as applicable.
7.
Study area. The limits of the study area shall be based on the location, size and extent of the
proposed project, and an understanding of existing and future land uses and traffic conditions
surrounding the site. The limits of the study area for the TIA shall be reviewed and approved by
the town and SCDOT staff at the mandatory scoping meeting. At a minimum, the study area shall
include all streets and signalized intersections within a one-mile radius of the proposed site
and/or where site traffic estimated for build-out of the project will constitute 10% or more of any
signalized intersection approach during one or both peak hours. During the scoping meeting,
staff may reduce the radius due to conditions specific to the site based on request by applicant
and supported with valid reasoning. Unsignalized intersections between the required signalized
intersections will be added to the scope as directed by the town. To initially determine the
impacts, the town will maintain a database of recent peak-hour intersection turning movement
counts. The applicable intersection counts will be equated to current year baseline volumes.
Based on the proposed development program submitted by the applicant, a preliminary trip
generation analysis, distribution, and assignment will be performed within the area surrounding
the site and compared to the current year base volumes. Related impacts or current operational
problems may dictate that other intersections be included in the study area as determined by
town staff and/or SCDOT staff. A narrative describing the study area shall identify the location of
the proposed project in relation to the existing transportation system and list the specific study
intersections and/or segments. Any unique transportation plans or policies applicable to the area
(e.g., CATS bus service and future plans) shall be mentioned. A site location map shall be
provided and shall identify natural features, major and minor roadways within the study area,
study intersections, and a boundary of the site under consideration.
8.
Existing conditions. Shall include a narrative and map that represents AM and PM peak-hour
turning-movement volumes for all intersections within the study area. Traffic volumes shall
represent 15-minute interval weekday turning movement counts (Tuesday through Thursday),
include heavy-vehicle, pedestrian and bicycle counts, no more than twelve months old, and shall
be collected during periods of the year when local schools are in session and during weeks that
have no observed federal, state, or local holidays and periods unless otherwise approved by the
town. The required count timeframes are from 6:30—9:00 a.m. and 3:00—7:00 p.m. The PM
count timeframe is expected to cover peaking characteristics caused by local Middle and High
School dismissal times, as well as typical employment peaking characteristics; however, sitespecific conditions may necessitate additional or different traffic counting hours and/or days
depending on the development program and location within the town. These unique
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circumstances will be determined and directed by the town. The town will determine if modified
peak hours or weekend analyses shall be included in the TIA at the mandatory scoping meeting.
For example, eight-, 12-, or 16-hour turning movement counts shall be required to complete the
analysis if a full traffic signal warrant analysis is required as part of the TIA. The source of existing
traffic volume information shall be explicitly stated (e.g., town counts, new counts collected by
the applicant, SCDOT counts, etc.). If previous counts were obtained, only counts collected within
one year of TIA submittal for the proposed site will be deemed acceptable. Summary sheets for
existing turning movement counts shall be included in the appendix of the TIA report. A separate
narrative and map shall be prepared to describe the characteristics of surrounding major
roadways, including functional classification, number of lanes, posted speed limit, existing
average daily traffic volumes, typical cross section, intersection control, and lineal distance
between major roadways. Field notes for the existing conditions observation may be included in
the appendix of the TIA report.
9.
Future year conditions. Unless otherwise approved by the town, future year conditions for a
single-phase development shall be analyzed for the year the development is expected to be at
full occupancy (build-out year). For multiple-phased developments, the scenarios shall be
completed in order, with any improvements specified by development included in the
subsequent build scenarios. Specific analysis periods to include in the study shall depend upon
the development program, proposed project phasing plan, and significant improvements
programmed for the surrounding transportation system. The approved offsite developments and
transportation projects to be included in the base future-year background conditions for the
transportation system within the study area shall be determined during the scoping meeting.
Transportation improvements assumed in the future-year background conditions analysis may
include those with an expected completion date concurrent with that of the development and
funded either by the town, SCDOT, or indicated as a required condition of approval from an
offsite development application. Only projects approved by the town at the scoping meeting may
be included in the analysis as future existing infrastructure. Those improvements committed by
other developments must be clearly identified in the report as approved offsite development
road improvements. Adjacent development traffic information used in the development of the
future year background traffic volumes shall be included in the appendix of the TIA report.
Unfunded, planned infrastructure projects may be mentioned in the TIA, but the description shall
specifically identify that these projects are not included in the background condition. Future year
background traffic volumes shall be forecasted using historical growth rate information, regional
models, and/or TIA reports for development(s) approved by the town but not yet built.
Additional future year scenarios may be applicable in the case that there are committed offsite
approved development improvements as indicated in section 8.6 G.(17). A narrative and map
shall be prepared that presents turning movement volumes for each peak hour for all
intersections identified within the study area. Future year base (existing plus historical growth)
traffic volumes, offsite approved development volumes, and site traffic volumes shall be clearly
separated and combined in the map.
10.
Trip generation. Base trip generation for the proposed land use(s) shall be calculated using data
published in the latest version of the Institute of Transportation Engineers' (ITE) Trip Generation
Manual. Data limitations, data age, choice of peak hour of adjacent street traffic, choice of
independent variable, and choice of average rate versus equation shall be discussed at the
mandatory scoping meeting. Local trip generation rates may be acceptable if appropriate
validation is provided by the applicant to support them. Any deviation from ITE trip generation
rates shall be discussed in the mandatory scoping meeting and documented in the scoping
document if approved by the town and SCDOT.
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a.
Internal capture. Base trip generation may be reduced by rate of internal capture when two
or more land uses are proposed using methodology recommended in the most current Trip
Generation Handbook published by ITE, or research published by the National Cooperative
Highway Research Program (NCHRP) Transportation Research Board. Reductions for
internal capture shall be applied to multi- or mixed-use sites only. The internal capture
reduction shall be applied before pass-by trips are calculated.
b.
Pass-by trips. Pass-by trips are those made as intermediate trips between an origin and
primary destination (i.e., home to work, home to shopping, etc.). However, pass-by trips
are not diverted from another roadway. Base trip generation may be reduced by rate of
pass-by capture using methodology recommended in the most current Trip Generation
Handbook published by the ITE. Pass-by trips associated with the development program
may not exceed 10% of the peak-hour background volume reported for the adjacent public
street network. This network shall include the streets that provide primary access to/from
the site. For example, if a site access drive that connects to a low-volume local street,
which its primary access is to a major collector road, the traffic on the major collector shall
be used as the adjacent street for pass-by calculation purposes. Evaluation of diverted trips
may apply depending on the specifics of each site. A trip generation table shall summarize
all trip generation calculations for the project.
11.
Trip distribution. External trip distribution shall be determined on a project-by-project basis using
one of several sources of information available to transportation and land planning professionals.
Potential sources for determining project trip distribution may include the regional travel
demand model, market analysis, existing traffic patterns, and/or professional judgment. At the
town's direction, multiple trip distributions may be required for differing land use types.
Regardless of methodology, the procedures followed and logic for estimating trip distribution
percentages must be well-documented in the TIA. Trip distribution percentages proposed for the
surrounding transportation network shall be discussed during the Scoping Meeting and shall be
approved by the town and SCDOT before proceeding with the TIA. A map showing the
percentage of site traffic on each street included in the study area shall be included in the TIA.
12.
Trip assignment. Site traffic shall be distributed to the surrounding transportation system based
on the site's trip generation estimates and trip distribution percentages. Future year build-out
traffic forecasts (i.e., future year background traffic plus site traffic) shall be represented in
graphic formats for AM and PM peak-hour conditions at all intersections included in the study
area. If the project will be built in phases, traffic assignments shall be reported for each phase.
Pass-by traffic shall be included at the driveways and access points for evaluating driveway
volumes. Multiple assignment analyses may be required if the traffic control at the access drives
varies (i.e., right-in/right-out vs. stop controlled vs. signalized).
13.
Operations analysis. The TIA shall include multi-modal operations analyses including vehicular,
pedestrian and bicycle, to allow for the safe and convenient travel for all modes. Level-of-service
(LOS) and delay are the primary measures of effectiveness for impacts to the transportation
system and are defined by the most current edition of the Highway Capacity Manual (HCM).
Operations analyses shall be performed for the existing and all future year scenarios, as
described in section 8.6.G.(17). Impacts from the proposed project shall be measured by
comparing the future year background conditions to the future year build-out conditions.
Requirements for mitigation are described in Section 8.6.G.(17).
a.
Vehicular capacity analysis. Unless otherwise noted, Synchro level-of-service (LOS) and
delay shall be reported for all signalized intersections and approaches identified in the
study area. Based on HCM, LOS for unsignalized intersections is not defined as a whole;
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instead, only the individual approaches shall be reported as applicable based on the HCM
reports determined through the Synchro analysis. Existing signalized intersections shall be
modeled based on existing signal timing plans provided by either the town or SCDOT.
Existing signal timing plans shall be included in the appendix of the TIA report. Pedestrian
movements must be considered in the evaluation and adequate pedestrian clearance
provided in the signal cycle split assumptions. If a traffic signal is part of a coordinated
system it must be analyzed as such under all conditions. Other standard practices and
default input values for evaluating signalized intersections shall be consistent with the
most recent guidelines published by the SCDOT. The town may also require safety, traffic
simulation, gap and/or other analyses appropriate for evaluating a development
application. Additional analyses and/or traffic capacity or simulation tools (such as VISSIM
or Transmodeler) required for the TIA shall be identified during the scoping meeting. All TIA
reports submitted to the town shall use Synchro, SimTraffic, VISSIM, and/or Transmodeler
analysis software for signalized and unsignalized intersections, or Sidra Software for
roundabouts, consistent with SCDOT policies. A narrative, table, and map shall be prepared
that summarizes the methodology and measured conditions at the intersections reported
in LOS (LOS A—F), the intersection and approach signal delay for signalized intersections,
the approach delay for unsignalized intersections, and 95th percentile queue lengths for all
movements. Capacity analysis worksheets and SCDOT auxiliary turn-lane warrants for
unsignalized intersections shall be included in the appendix of the TIA report.
b.
Pedestrian operations analysis. Unless otherwise noted, methodology provided in the latest
edition of the Highway Capacity Manual shall be used to evaluate pedestrian LOS for the
intersections identified in the study area. The current methodology is based on geometric
data, demand data, and signal control data including, but not limited to:
• Number of lanes on the major street.
• Crossing distance.
• Traffic volumes.
• Motorist yielding rates to pedestrians.
• Cycle length.
• Walk time.
• Presence of pedestrian phase.
c.
Bicycle operations analysis. The bicycle LOS at intersections identified in the study area
shall be evaluated using locally accepted methodology. This current methodology assesses
bicyclists' comfort based on geometric and traffic signal features including, but not limited
to:
• Number of lanes crossed.
• Presence of conflicting turning movements.
• Presence of bike lanes.
Under this methodology, intersection features are assigned points, where the LOS for each
approach is calculated based on the accumulation of points for each geometric and traffic
signal feature identified in the worksheet. Currently, this methodology does not take into
account demand volumes; therefore, the bicycle LOS would not differ between AM and PM
peak hours, and thus would not need to be reported for both under this methodology.
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14.
Queuing analysis. 95th percentile and simulation analysis of future year queues shall be
consistent with SCDOT's current practices and published Capacity Analysis Guidelines, as
applicable. Turn lanes and storage lengths for the major street (uncontrolled) approaches at
unsignalized intersections shall be identified using volume thresholds published in the SCDOT's
2017 Roadway Design Manual (see Guidelines for Left- and Right-Turn Lanes Nomographs,
section 9.5.1). Recommendations for left- and right-turn lanes serving the site shall be designed
to account for both the SCDOT warrants described above and to meet future year capacity needs
identified through the capacity analyses. For projects that include drive-through facilities, pickup/drop-off areas, or entrance gates, a queuing analysis may be required by the town to ensure
that vehicle stacking will not adversely impact the public transportation system. The queuing
analysis must be performed using accepted transportation engineering procedures approved by
the town. If a TIA is required for a new school site, the internal circulation and ingress/egress of
the site shall be modeled using a "dummy signal" in the Synchro software as prescribed by
NCDOT Municipal School Transportation Assistance (MSTA) department.
15.
Crash analysis. A summary of crash data (type, number, and severity) for the most recent threeyear period at each study location may be required. South Carolina Department of Public Safety
reports will be requested by the town's consultant and shall be included in the appendix of the
TIA report if required. For locations with prevalent crash types and/or frequency, a discussion
shall be included describing factors that may be contributing to the incidents. At a minimum, the
proposed development features shall not contribute to factors potentially involved in the existing
crash rates. If contributing factors are identified, recommendations to eliminate or mitigate these
features shall be included.
16.
Traffic signal warrants. Town staff and/or SCDOT may consider potential signal locations at the
scoping meeting. However, traffic flow progression is of paramount importance when
considering a new traffic signal location. A new traffic signal shall not cause an undesirable delay
to the surrounding transportation system. Installation of a traffic signal at a new location shall be
based on the application of warrant criteria contained in the most current edition of the Manual
on Uniform Traffic Control Devices (MUTCD) and engineering judgment. Traffic signal warrants
shall be included in the appendix of the TIA report. Additionally, spacing of traffic signals within
the town must adhere to SCDOT requirements. If a full signal warrant analysis is recommended in
the TIA, then the consultant identified by the town will perform the associated warrant analysis
as an additional service if not performed as part of the TIA. The town and/or SCDOT may decide
to defer a signal warrant analysis until after the development has opened to allow use of actual
turning movement counts at an intersection. As such, the TIA recommendations must clearly
state that this analysis shall occur at a specified date following the opening of the development.
The applicant shall provide a financial guarantee as outlined in TMA for the estimated cost of the
signal warrant analysis and resulting signal prior to final approval of the TIA. The cost shall be
established based on an engineer's estimate provided by the consultant identified by the town.
17.
Mitigation measure recommendations. This section of the TIA report shall provide a description
of the study's findings regarding impacts of the proposed project on the existing and future
transportation system and describe the location, nature, and extent of all mitigation measures
recommended to the applicant to improve and/or maintain the future year background level-ofservice (LOS) conditions through phasing and ultimate build-out of the project. This mitigation
will be identified by measuring the impact between the future year background conditions and
the future year build-out conditions. The applicant is required to mitigate transportation
deficiencies caused solely by the projected impact of their proposed development, and not
unacceptable background conditions or other deficiencies caused by offsite development within
the defined study area.
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The applicant shall be required to identify mitigation improvements to the transportation
network if at least one of the following conditions exists when comparing the multimodal
operations analyses of future year background conditions to future year build-out conditions:
a.
The total average delay at an intersection or individual approach increases by 25% or
greater, while maintaining the same LOS,
b.
The LOS degrades by at least one level,
c.
Or the LOS does not meet the identified standard (as shown below) in background
conditions, and the proposed project shows a negative impact on the intersection or
approach.
Adopted LOS Standard
Intersection Type
Involving only collector or local streets
Involving one or more arterial or higher order streets
LOS Threshold
LOS C or better
LOS D or better
If the background LOS (intersection or approach) is inadequate, the applicant will be expected to
mitigate only the impact caused by the proposed site. For example, if the background LOS of an
intersection is LOS F with 85 seconds of delay, and the site traffic increases the delay to 95
seconds at LOS F, the applicant will be required to mitigate the added 10 seconds of delay, not
the inadequate background delay. Town staff and SCDOT will review the recommendations in the
final version of the TIA and will have the ultimate determination in the scope of the required
mitigation measures.
The applicant shall also be responsible for committed transportation improvements by approved
offsite developments included in the background and build-out scenarios in the case that they
are not completed prior to build-out of the proposed site, unless additional background and
build-out analyses are performed without the approved offsite development traffic and
associated committed improvements, and the analyses show that such committed
improvements would not be caused by the proposed site.
A transportation mitigation agreement (TMA) as outlined in Part F. of this ordinance may apply if
there are mitigation requirements.
For multi-phase developments, the capacity analyses scenarios shall address the phasing of
improvements for each phase of development. A narrative and table shall be prepared that
summarizes the methodology and measured conditions at the intersections reported in LOS (LOS
A-F) and average control delay for each intersection and approach.
A narrative and map shall also be prepared that describes and illustrates recommended
improvements, by development phase if necessary, for mitigating the projected impact of the
proposed development.
18.
Compliance with adopted transportation plans. All TIA reports must include a statement of
compliance with plans, programs, and policies adopted by the Town of Fort Mill for maintaining a
safe and efficient multi-modal transportation system.
(Ord. No. 2019-03, § I, 1-28-19; Ord. No. 2020-12, § I, 3-23-20)
ARTICLE II. REQUIREMENTS BY DISTRICTS
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Sec. 1. R-25 and R-15 One-family residential districts.
1.
Purpose of districts: It is the intent of this section that the R-25 and R-15 one-family zoning districts be
developed and reserved for low-to-medium density residential purposes. The regulations which apply within
these districts are designed to encourage the formation and continuance of a stable, healthy environment
for one-family dwellings situated on zoning lots having an area of fifteen thousand square feet or more, and
to discourage any encroachment by commercial, industrial, or other uses capable of adversely affecting the
residential character of the district.
2.
Permitted uses: See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the R-25 and
R-15 Zoning Districts.The following uses shall be permitted in any R-25 or R-15 zoning district:
A)
One-family dwelling (other than a mobile home);
B)
Publicly owned building, facility, or land;
C)
Noncommercial horticulture or agriculture, but not including the keeping of poultry or livestock;
DA) Accessory use in compliance with the provisions of article I, section 7, subsection G.;
EB)
Customary home occupations established under the regulations in article I, section 7, subsection F.;
FC)
A property owner or tenant shall not permit a recreational vehicle, travel trailer, or boat to be located
on his property for more than two weeks if the vehicle is being used as a dwelling;
GD) The storage of travel trailers, recreational vehicles, and boats shall be permitted, provided no more
than two such units are stored on a lot of record and such units are not used for purposes of living,
sleeping, or cooking while in storage.
3.
Conditional uses: The following uses shall be permitted in any R-25 or R-15 zoning district on a conditional
basis:
A)
Public utility substation or subinstallation, including water towers; provided that:
(1)
Such use is enclosed by a painted or chain-link fence or wall at least six feet in height above finish
grade;
(2)
There is neither office nor commercial operation nor storage of vehicles or equipment on the
premises; and
(3)
A landscaped strip not less than ten feet in width is planted and suitably maintained around the
facility;
B)
Temporary use in compliance with the provisions of article VI, section 4;
C)
Religious institutions;
D)
Daycare facilities;
E)
Private or Semiprivate Clubs, Lodges and Union Halls, provided that:
(1)
The minimum lot size shall be 20,000 square feet;
(2)
The lot shall have road frontage on at least two public rights-of-way, or if fronting a single public
right-of-way, shall have a minimum road frontage of at least 250 linear feet; and
(3)
Such uses shall not be established or enlarged on any lot which shares a property line with one or
more adjacent lots containing a single-family detached residence.
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4.
More restrictive use requirements: A subdivision, zoning lot or other parcel of land of five acres or more, lying
within an R-25 or R-15 residential district, may be more strictly limited as to permitted and/or conditional
uses for the district in which the property is located, provided the owner submits such proposed plans,
limitations, conditions, restrictions, easements, rights, and/or privileges for review and approval by the
planning and zoning commission.
5.
Other requirements: Unless otherwise specified elsewhere in this ordinance, uses permitted in an R-25 and R15 zoning district shall be required to conform to the following standards:
A)
Minimum lot area: R-25—25,000 square feet and R-15—15,000 square feet;
B)
Minimum land area per dwelling unit: R-25—25,000 square feet and R-15—15,000 square feet;
C)
Minimum lot width measured at the building line: R-25—125 feet and R-15—100 feet;
D)
Minimum front yard depth measured from the nearest street right-of-way line: R-25—50 feet and R15—35 feet;
E)
Minimum side yard: R-25—Principal structure-20 feet with accessory uses being five feet. R-15—
Principal structure-ten feet with accessory uses being five feet. For side yard requirements pertaining
to corner lots, see article I, section 7, subsection C.;
F)
Minimum rear yard: R-25-Principal structure-50 feet with accessory uses being five feet. R-15-Principal
structure-35 feet with accessory uses being five feet. For rear yard requirements pertaining to double
frontage lots, see article I, section 7, subsection D.;
G)
Maximum building height: R-25—35 feet and R-15—35 feet. For exceptions to height regulations, see
article I, section 7, subsection L.;
H)
Additional requirements: Uses permitted in R-25 and R-15 zoning districts shall meet all standards set
forth in article I, section 7, subsection I., pertaining to off-street parking, loading, and other
requirements.
I)
Signs: Signs permitted in R-25 and R-15 zoning districts, including the conditions under which they may
be located, are set forth in article III.
(Ord. No. 2017-23, § I, 10-9-17)
Sec. 2. R-10 One-family residential district.
1.
Purpose of district: It is the intent of the section that the R-10 one-family zoning district be developed and
reserved for low-to-medium density residential purposes. The regulations which apply within this district are
designed to encourage the formation and continuance of a stable, healthy environment for one-family
dwellings situated on zoning lots having an area of ten thousand square feet or more, and to discourage any
encroachment by commercial, industrial, or other uses capable of adversely affecting the residential
character of the district.
2.
Permitted uses: See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the R-10
Zoning District.The following uses shall be permitted in any R-10 zoning district: All permitted uses as shown
in article II, section 1, subsection 2.
3.
Conditional uses: The following uses shall be permitted in any R-10 zoning district on a conditional basis:
A)
All conditional uses as shown in article II, section 1, subsection 3
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B)
Daycare facilities or pre-school nursery, provided that plans for such facilities receive the written
approval of the South Carolina Department of Social Services and the Fort Mill Planning and Zoning
Commission.
4.
More restrictive use requirements: The requirements of article II, section 1, subsection 4. shall apply.
5.
Other requirements; Unless otherwise specified elsewhere in this ordinance, uses permitted in R-10 zoning
districts shall be required to conform to the following standards:
A)
Minimum lot area: R-10—10,000 square feet;
B)
Minimum land area per dwelling unit: R-10—10,000 square feet
C)
Minimum lot width measured at the building line: R-10—75 feet
D)
Minimum front yard depth measured from the nearest street right-of-way line: R-10—35 feet. For
exceptions to this requirement, see article I, section 7, subsection E.
E)
Minimum side yard: R-10-Principal structure is ten feet with accessory uses being five feet. For side
yard requirements pertaining to corner lots, see article I, section 7, subsection C.
F)
Minimum rear yard: R-10-Principal structure is 35 feet with accessory uses being five feet. For rear yard
requirements pertaining to double frontage lots, see article I, section 7, subsection D.
G)
Maximum building height: R-10—35 feet. For exceptions to height regulations, see article I, section 7,
subsection L.
H)
Additional requirements: Uses permitted in R-10 zoning districts shall meet all standards set forth in
article I, section 7, subsection I., pertaining to off-street parking, loading, and other requirements.
I)
Signs: Signs permitted in R-10 zoning districts, including the conditions under which they may be
located, are set forth in article III.
Sec. 3. GR Residential district.
1.
Purpose of district: It is the intent of this section that the GR zoning district be developed and reserved for
medium-to-high density residential purposes. The regulations which apply within this district are designed to
encourage the formation and continuance of a stable, healthy environment for several different types of
dwellings and certain other compatible uses on zoning lots of ten thousand or more square feet, and to
discourage unwarranted encroachment of commercial, industrial, or other uses capable of adversely
affecting the residential character of the district.
2.
Permitted uses: See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the GR
Zoning District.The following uses shall be permitted in any GR zoning district:
3.
A)
All permitted uses as shown in article 2, section 1, subsection 2;
B)
Two-family dwellings;
C)
Multi-family dwellings;
D)
Group dwellings.
Conditional uses: The following uses shall be permitted in any GR zoning district on a conditional basis:
A)
All conditional uses, as shown in article II, section 2, subsection 3;
B)
Boarding facilities;
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C)
Planned cluster development;
DC) Hotel or motel; provided, that:
(1)
No parking be placed within ten feet of the boundary line of any adjoining residential district; and
(2)
The regulations governing the use and location of signs, as stipulated in article III, shall apply;
ED) Other commercial services directly oriented to the operations of a specific hotel or motel activity;
provided that the provisions governing hotels and motels in article II, section 4 are maintained;
FE)
Bed and breakfasts provided, that such use shall not be expanded in such a way as to become a hotel
or motel without conforming to the provisions of article II, section 4;
GF) Private and semiprivate club, lodge, or recreation facility; provided that the provisions governing hotels
and motels in article II, section 4 are maintained;
HG) Public or private care homes; provided that such facilities shall conform with the requirements of the
South Carolina Department of Health and Environmental Control;
IH)
Clinics, doctors' offices, dentists' offices; provided, that they shall meet the requirements of any and all
medical regulations that may apply.
4.
More restrictive use requirements: The requirements of article II, section 2, subsection 4. shall apply.
5.
Permitted density: The maximum permitted density allowed for multi-family development in a GR district is
ten units per acre.
6.
Other requirements: Unless otherwise specified elsewhere in this ordinance, uses permitted in GR zoning
districts shall be required to conform to the standards set forth for such uses under the provisions of article
II, section 2, subsection 5.
Sec. 4. GR-A General residential-A district.
1.
Purpose of district: It is the intent that the GR-A zoning district be developed and reserved for medium-tohigh density residential purposes. The regulations which apply within the district are designed to encourage
the formation and continuance of a stable, healthy environment for several different types of dwellings and
certain other compatible uses on zoning lots of ten thousand or more square feet, and to discourage
unwarranted encroachment of commercial, industrial, or other uses capable of adversely affecting the
residential character of the district.
2.
Permitted uses: See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the GR-A
Zoning District.The following uses shall be permitted in any GR-A zoning district:
A)
All permitted uses as shown in article II, section 2, subsection 2;
B)
Two-family dwellings;
C)
Multi-family dwellings.
3.
Conditional uses: The following uses shall be permitted in any GR-A zoning district on a conditional basis: All
conditional uses as shown in article II, section 2, subsection 3.
4.
More restrictive use requirements: The requirements of article II, section 2, subsection 4. shall apply.
5.
Permitted density: The maximum density allowed for multi-family development in a GR-A zoning district is
eight units per acre.
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6.
Other requirements: Unless otherwise specified elsewhere in this ordinance, uses permitted in GR-A zoning
districts shall be required to conform to the standards set forth for such uses under the provisions of article
II, section 2, subsection 5.
Sec. 5. PCD Planned cluster development district.
1.
Legislative purpose and intent: The legislative purpose and intent of planned cluster development, also
known as a conservation subdivision, is as follows:
A)
Encourage a variety and flexibility in land development and land use for residential areas;
B)
Provide for an alternative means of housing development within the regulatory guidelines stipulated
herein as to density and dwelling configuration;
C)
Encourage the efficient use of those public facilities required in connection with new residential
development;
D)
Encourage innovative design techniques to utilize the environment as a guide to developmentpreserve
natural resources and guide development to the most suitable locations on a tract of land such as, but
not limited to, zero lot lines, party walls, site location with regard to energy consumption, and other
concepts where such is appropriate within the regulatory guidelines of this section
2.
Location and minimum size: Planned cluster developments shall be permitted in the following zone districts
as conditional uses: GR, GR-AR-10, R-15, LC, HC.
3.
Permitted activities and building types: Planned cluster developments shall provide for individual lots of no
minimum size upon which is permitted one dwelling unit in a single structure. Up to four units may be
attached (party wall, see diagram). Mobile homes are excluded except in MH districts. The diagram below
illustrates of the concept for planned cluster developments.The diagram illustrative of the concepts for
planned cluster developments.
4.
Density, open space, and recreation area:
A)
The maximum overall density for a planned cluster development shall be in terms of the number of
dwelling units per gross acre of land within the development, as provided in the table below.
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B)
The minimum total open space and recreation area (that part of the living space which is any large
continuous area for recreation purposes) shall be provided at no less than a the minimum ratio of
recreation space area per total floor area, as provided in the table below. Open space and rRecreation
areas shall be of common ownership and meet standards detailed in Article IV, Sec. 10.
C)
If a planned cluster development embraces one or more zone districts requiring different maximum
permitted overall densities and recreation area ratios, these values shall be calculated separately for
each distinct district and a weighted average (weighing the area in each zone district in proportion to
its share of the total area of said development in such district) of each of these values shall be applied
to said development.
ZONE DISTRICTS
GR, GR-A
R-15
R-10
HC, LC
MINIMUM RECREATION AREA
(ACRES PER ACREPERCENT)
0.14
40%
40%
0.14 40%
D)
Within planned cluster developments at least 50% of the required open space must be included in
Primary or Secondary Conservation Areas, if present. Primary Conservation Areas should be prioritized
for conservation as open space.
E)
Primary Conservation Areas (PCA) shall be comprised of one or more of the following:
•
Land within riparian areas, wetland buffers and floodplains
•
Areas within planned greenway corridors
•
Historical sites or structures
•
Land adjacent to preserved open space on adjacent properties
•
Stands of mature trees located in riparian areas, on steep slopes or adjacent to existing, lower
density development offsite.
F)
Secondary Conservation Areas (SCA) shall be comprised of one or more of the following:
•
Stands of mature trees or successional habitat adjacent to existing public roadways.
•
Frontage meadows or agricultural fields.
•
Steep slopes (>8%).
•
Uplands within 100ft of floodplains.
•
Depressions that accommodate ephemeral pools.
•
Rock outcrops or other unique natural features.
G)
5.
MAX. DENSITY (UNITS PER GROSS
ACRE)
6
2
2.5
48
Site Analysis Map: Each applicant shall submit a Site Analysis Map that identifies the existing natural
and historical resources on site and all potential open space areas.
Yards: Except as required in the following, there shall be no minimum yard size within planned cluster
developments; however, the planning commission shall have review authority for all yard designations and
may require larger or smaller yard sizes based upon the particular site plans submitted for a specific
development. Following standards apply:
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A)
A perimeter boundary setback of 30 feet measured from the structures to the property line shall be
maintained uniformly for the total area within the planned cluster development.
B)
Less than ten units shall abide by the setback requirements of the zoning district in which the
development is planned.
C)
Minimum front setbacks are 25 feet for front-loaded units and 10 feet for alley-loaded units.
D)
A maximum of fifty percent (50%) of lots in the development may be alley-loaded.
6.
Minimum lot size: There shall be no required minimum lot size within planned cluster developments;
however, fifty percent (50%) of lots must be greater than or equal to 7,500 square feet and 75 feet in width.
In theaddition, the planning commission shall have review authority for all lot designations and may require
larger, smaller, or replatted lot sizes and/or shapes based upon the particular site plans submitted for a
specific development.
7.
Required accessory off-street parking: A minimum of two off-street parking spaces per dwelling unit shall be
required in all planned cluster developments. All streets and parking areas shall be bordered with concrete
curb and gutter. Curbs shall be six inches high.
8.
Area maintenance: Provisions shall be made for the perpetual maintenance of areas designated for use by
the residents of a planned cluster development. This may be accomplished through a Homeowners
Association established in accordance with and chartered by the state under the applicable regulations, or by
any other means acceptable to the planning commission. Such association charter or declaration of
incorporation shall be submitted with the preliminary plat for approval by the planning commission.
9.
Procedure for approval of a planned cluster development: A planned cluster development shall follow the
same rules and procedures for subdivision approval as outlined in the Town of Fort Mill Subdivision
Regulations. However, the submission for preliminary plat approval must include the following additional
information:
A)
Transportation routes, including streets, driveways, sidewalks, pedestrian ways and bikeways, and offstreet parking and loading areas;
B)
Location and dimensions of structures, including height and bulk, and the utilization of structures,
including activities and the number of dwelling units;
C)
Density of the development;
D)
A tabulation of the area to be devoted to various uses and activities as needed to calculate
requirements of subsection 4.;
E)
The substance of covenants, grants of easements, or other restrictions to be imposed upon the use of
the land, buildings, or other structures, including proposed documents as required by subsection 8. for
area maintenance;
F)
When it is proposed that the development be constructed in stages, a development schedule for the
project is required.
G)
Site Analysis Map: Each applicant shall submit a Site Analysis Map that identifies the existing natural
and historical resources on site and all potential open space areas.
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Sec. 6. PND Planned neighborhood development district.
1.
2.
Purposes of district: The Town of Fort Mill established the planned neighborhood development (PND) zoning
ordinance to allow planned neighborhood development as an option within the town's R-10, R-15, and R-25
zoning district(s). The purpose of the ordinance is to provide an alternative form of development that:
A)
Eliminates standard dimensional requirements while reserving sufficient natural open space for
common use;
B)
Enhances the physical appearance of the town by preserving the town's natural assets and distinctive
character;
C)
Promotes more efficient use of land and provision of public facilities, utilities, streets, and services;
D)
Provides the opportunity for innovative combinations of housing and neighborhood-oriented
commercial and professional uses within a single development;
E)
Conserves natural and environmental resources and the integrity of natural systems;
F)
Encourages innovative residential development so that housing demands are met by a greater variety
of types, designs, and layouts of residential character;
G)
Provides a mechanism to relate the type, design, and layout of proposed development to the specific
characteristics of a particular parcel;
H)
Encourages creative and site-sensitive developments by allowing increased overall density in exchange
for planned neighborhood development pursuant to this chapter.
Permitted uses:
A)
B)
C)
All planned neighborhood developments shall permit the following residential and accessory uses:
1)
Detached single-family dwellings;
2)
Two-family dwellings;
3)
Multi-family dwellings;
4)
Accessory buildings or uses;
5)
Recreation or park facilities;
6)
Retirement facilities;
7)
Municipal buildings or uses;
8)
Schools;
9)
Churches.
Planned neighborhood developments shall permit the following community and institutional uses
under the terms set forth in subsection 7.D):
1)
Daycare centers;
2)
Community halls;
3)
Municipal service lots.
Planned neighborhood developments comprising 50 acres or more may contain the uses permitted in
subsection 2.A) as well as the following commercial uses:
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3.
4.
1)
Neighborhood retail stores;
2)
Personal services;
3)
Business or professional offices;
4)
Neighborhood restaurants.
Standards:
A)
Planned neighborhood developments shall contain not less than 20 acres;
B)
Planned neighborhood developments shall be served by municipal water and sewer service;
C)
Allowable base residential density: Overall residential density shall not exceed eight three dwelling
units per acre dedicated to uses other than the commercial uses set forth in article II, section 7,
subsection 2.C). This base residential density may be increased by the town council pursuant to the
density bonus options contained in article I, section 4.
D)
Conservation lands: Lands with the following characteristics shall not be developed and shall not be
platted as part of a residential, community, institutional, or commercial lot within a planned
neighborhood development: land within the 100-year flood plain; land with a natural slope in excess of
40 25 percent, as determined by standard slope computation methods; and nontidal wetlands. These
lands shall be designated on the plat for conservation purposes. Conservation lands may be used in
computing the allowable base residential density.
Open space standards:
A)
Planned neighborhood developments shall reserve a minimum of 35 percent of the acreage of the
parcel as dedicated natural open space;
B)
Up to 25 percent of this requirement may be satisfied with land covered by water or by stormwater
detention or retention basins if the town council determines that such a water body or basin is suitable
for the purposes set forth in article I, section 1. The dedicated open space shall not be included in
subdivision lots or in lot size calculations. Dedicated open space shall include the land necessary to
provide access to the open space;
C)
Land characterized as conservation lands in article II, section 7, subsection 3.D) of this ordinance may
be used to fulfill the minimum dedicated natural open space requirement at the following ratio: one
acre of conservation land may be applied to the natural open space requirement as one-half of an acre.
A maximum of 50 percent of the total dedicated natural open space within a planned neighborhood
development may be fulfilled with conservation lands;
D)
Dedicated open space shall have shape, dimension, character, location and topography to accomplish
the open space purposes specified in article I and to ensure appropriate public access;
E)
Dedicated open space land shall be shown on the preliminary planned neighborhood development plat
and shall be labeled to specify that the land has been dedicated to open space purposes. The plat shall
specify that the open space land shall not be further subdivided or developed and is permanently
reserved for natural open space purposes;
F)
The open space shall be conveyed by the applicant as a condition of plat approval and may be
conveyed by any of the following means as determined by the town council:
1)
Deeded in perpetuity to the Town of Fort Mill;
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5.
2)
Reserved for common use or ownership of all property owners within the development by
covenants in the deeds approved by the town attorney. A copy of the proposed deed covenants
shall be submitted with the application;
3)
Deeded in perpetuity to a private, non-profit, tax-exempt organization legally constituted for
conservation purposes under terms and conditions that ensure the perpetual protection and
management of the property for conservation purposes. A copy of the proposed deeds and
relevant corporate documents of the land trust shall be submitted with the application;
4)
Deeded to a property owner's association within the development upon terms and conditions
approved by the town attorney that will ensure the continued use and management of the land
for the intended purposes. The formation and incorporation by the applicant of one or more
appropriate property owners' associations shall be required prior to plat approval. A copy of the
proposed property owner's deed and the by-laws and other relevant documents of the property
owner's association shall be submitted with the application. The following shall be required if
open space is to be dedicated to a property owners' association:
a)
Covenants providing for mandatory membership in the association and setting forth the
owner's rights, interests, and privileges in the association and the common land, must be
included in the deed for each lot or unit;
b)
The property owners' association shall have the responsibility of maintaining the open
space and operating and maintaining recreational facilities;
c)
The association shall have the authority to levy charges against all property owners to
defray the expenses connected with the maintenance of open space and recreational
facilities;
d)
The applicant shall maintain control of dedicated open land and be responsible for its
maintenance until development sufficient to support the association has taken place.
G)
The applicant shall convey or restrict the open space land by a deed instrument reviewed and
approved by the Fort Mill Town attorney to ensure that the land will be held and managed in
perpetuity for open space purposes and shall not be further developed;
H)
If the planned neighborhood development is developed in phases, the provision of dedicated natural
open space shall be phased with the construction of dwelling units and other improvements to insure
that a proportionate share of the total dedicated open space is preserved with each phase;
I)
Streets and other impervious surfaces shall be excluded from the calculation of the minimum
dedicated open space requirement; however, lands occupied by bike paths, landscaped grounds, or
similar common recreational development (excluding tennis courts, golf courses, and buildings) may be
counted as dedicated natural open space provided that impervious surfaces constitute no more than
five percent of the total required open space;
J)
Open space shall be permanently dedicated for one or more of the following uses: natural resource
conservation, wetland and water course conservation, selective forestry, wildlife habitat, undeveloped
parkland, or scenic preservation.
Off-street parking:
A)
The number, design, location and construction of parking lots, bays, spaces, and drives shall conform to
the applicable requirements of the Fort Mill Zoning Code;
B)
Parking areas shall be planted with trees a minimum of three inches in caliper measured six inches
above ground level, so that there is at least one tree per ten parking spaces within the parking lot. Such
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trees must be staked with two three-inch diameter stakes and protected by curbing against damage by
vehicles. A minimum planting area, equivalent to 162 square feet per tree shall be provided;
C)
6.
7.
Parking areas shall have a landscaped island at each end of each row of vehicle spaces and an
intermediate island for every 15 or fewer vehicle spaces. Such planting islands shall be not less than
nine feet wide in the direction parallel to the row and not less than 18 feet long in the direction
perpendicular to the row. Each such island shall have a suitable curb of stone or poured-in-place
concrete, and shall be planted with grass or ground cover. All hydrants shall be located in such islands.
Landscaping and screening:
A)
Screening of non-residential uses: Non-residential uses shall be screened from residential uses within
and abutting the planned neighborhood development by a bufferyard 20 feet in width containing at
least three canopy trees, six understory trees, and nine shrubs per 100 feet of length along the
perimeter of the lot line abutting a residential use;
B)
Screening along public roadways: Uses within a planned neighborhood development which abut an
arterial or collector street shall be screened by a bufferyard of 20 feet in width containing at least five
canopy trees, ten understory trees, and 15 shrubs per 100 feet of frontage. Canopy trees shall be
deciduous shade trees planted at three inches in caliper with a mature height of at least 35 feet.
Understory trees shall be deciduous shade or fruit trees planted at two inches in caliper with a mature
height of at least 12 feet;
C)
Existing vegetation: Notwithstanding any other provisions of this ordinance existing vegetation shall be
retained and maintained to the extent feasible in order to permit existing vegetation to fulfill or
contribute to buffer and screening requirements. In lieu of strict compliance with the above bufferyard
requirements, a developer may submit a detailed landscaping plan which will afford a degree of
buffering and screening comparable to that provided by these regulations, making use of existing and
new vegetation;
D)
Screening of refuse collection facilities: Uses within a planned neighborhood development shall provide
secure, safe, and sanitary facilities for the storage and pickup of refuse. Such facilities shall be
convenient to collection and shall be appropriate to the type and size of use being served. All refuse
storage facilities shall be screened on three sides by a solid wooden fence or masonry wall and a tight
evergreen hedge. The fourth side shall be angled to minimize the view of the refuse collection facility
or shall be screened by an opaque gate made of durable materials. The screening shall be of sufficient
height and design to effectively screen the facility from the view of nearby residential uses, streets,
adjacent properties, and recreational facilities.
Density bonuses: A residential density bonus of up to 20 percent of the allowable base residential density
may be approved in accordance with the following standards. Density bonuses may be granted at the
discretion of the town council if it finds that a proposed density bonus promotes the purposes of the planned
neighborhood development.
A)
Dedicated open space: Increasing the dedicated natural open space within the parcel by a minimum of
ten percent of the gross acreage may qualify for a bonus of up to five percent above the allowable base
density. Priority shall be given to protecting existing stands of mature trees.
B)
Bikeways/greenways: A system of bike paths and pedestrian greenways may qualify for a density
bonus of up to five percent above the allowable base density. In order to qualify, the bike paths or
greenways shall form an integrated system of access within the development and to principal off-site
destinations.
C)
Walk-up housing: A dwelling unit located above the ground floor of a structure that contains a nonresidential use on the ground floor may be applied toward the allowable base density as one-half of a
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dwelling unit. A maximum of 5 percent of the total dwelling units within a planned neighborhood
development located within a structure that also contains a non-residential use on the ground floor
may be applied at this one-half credit.
D)
Community and institutional uses: In a PND with 75 or more residential units, a parcel may be
designated, dedicated, and developed for use as a daycare center. This lot shall have a minimum of 100
square feet per residential unit within the PND. Provision of such a facility shall qualify for a density
bonus of two percent. In a PND with 100 or more residential lots or units, a community hall may be
constructed with an enclosed area of no less than 25 square feet for each residential unit or lot.
Provision of such a building shall qualify for a density bonus of two percent. In a PND with 50 or more
residential units or lots, a municipal service lot may be designated or dedicated. The lot shall be the
greater of one-half acre or one percent of the total acreage of the PND. Provision of such a lot shall
qualify for a density bonus of one percent of allowable base density.
87.
Traffic improvements: Where a proposed planned neighborhood development borders on an existing street
whose right-of-way, traffic carrying capacity, or sight lines are inadequate to safely and efficiently
accommodate the traffic generated by the proposed development, the town council may require the
applicant to dedicate land for needed realignments or widening and to undertake or fund the needed street
improvements.
98.
Dimensional standards:
A)
Street setbacks: No structure shall be closer than 25 feet to a local street, except those that meet
standards for Art. II, Sec. 6, 9. D., and no closer than 50 feet to any other street.
B)
Building separation: No structure under 30 feet in height shall be located within 15 feet of any other
structure. Buildings higher than 30 feet shall be separated by a distance equivalent to 50 percent of the
height of the tallest building.
C)
Height limits: The height limits within a planned neighborhood development shall be the same as the
height limits set forth in the zoning code for structures in the R-10 residential district.
D)
Provision for Alley-Loading: A maximum of fifty percent (50%) of lots in the development may be alleyloaded. Alley-loaded units may have a reduced setback of 10 feet. Blocks with over 40% of lots are
designed as alley-loaded units must include sidewalks, street trees, and adequate room for on-street
parking. Street trees must be canopy trees planted at a minimum of 80 feet average intervals. Street
trees may be planted in a planting strip with a minimum width of 6 feet or in landscaped bulb-outs.
109. Perimeter boundary:
A)
No portion of a building, structure, or parking area shall be located within 55 feet of abutting property
that is not part of the proposed planned neighborhood.
B)
No portion of a non-residential use, multi-family residential use, community use, institutional use, or
active recreational use shall be located within 110 feet of abutting property that is not part of the
proposed planned neighborhood.
C)
The minimum front yard requirement of the R-10 zoning district shall apply for a minimum of 200 feet
from the border of a planned neighborhood development and adjoining property that share frontage
on the same side of a street.
1110. Multi-family residential development standards:
A)
Multi-family housing shall be either townhouses or multiplexes.
B)
Townhouses: The maximum number of dwelling units permitted within a townhouse structure shall be
eight. Townhouse structures shall be developed in compliance with the following requirements:
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C)
1)
There shall be no less than two parking spaces for each townhouse unit.
2)
Walkways of four feet in width, constructed of concrete or brick or similar material, shall be
installed from parking areas to townhouse units serves by such parking areas.
3)
Accessory buildings shall be limited to one enclosed storage shed not exceeding seven feet in
height nor exceeding ten feet in length by ten feet in width.
4)
The facades of townhouse units shall have variation in materials and design so that abutting units
will not have the same or essentially the same architectural treatment of facades and rooflines.
Garages or carports shall not be allowed in front of townhouse units.
Multiplexes: The maximum number of dwelling units permitted within a multiplex structure shall be
four. Multiplex structures shall be developed in compliance with the following requirements:
1)
There shall be no less than two parking spaces for each unit.
2)
Walkways of four feet in width, constructed of concrete or brick or similar material, shall be
installed from parking areas to multiplex units served by such parking areas.
3)
Accessory buildings shall be prohibited.
1211. Utilities: Utilities such as electric transmission, cable television lines, and telephone lines, serving the open
space subdivision shall be installed underground unless the town council grants a waiver of this provision.
The town council may grant a waiver it if finds that underground installation would be exceptionally difficult
due to unusual subsurface conditions or topographic conditions that are not generally found on other
property in the area and granting the waiver will not have a significant adverse effect on adjacent property.
1312. Accessory structures: Accessory structures shall not be located within any front yard or within five feet of any
other structure.
1413. Neighborhood recreational uses: A minimum of 335 square feet for each residential unit shall be dedicated
and developed for neighborhood recreational use to serve the recreational demands generated by the
planned neighborhood development.
1514. Commercial uses development standards:
A)
The land dedicated to commercial uses shall not exceed ten percent of the total acreage of the parcel.
B)
The total gross floor area of commercial uses shall not exceed 25 square feet for each residential unit.
C)
Commercial uses shall be designed and located with the intention of serving the immediate needs and
convenience of residents within and within the vicinity of the planned neighborhood development.
D)
Commercial uses shall not have frontage on any street designated as a major or minor arterial.
E)
Commercial uses shall not be located within 200 feet of the peripheral boundary of the planned
neighborhood development.
F)
Commercial uses shall not receive a certificate of occupancy until building permits have been issued for
50 percent of the residential units within the planned neighborhood development.
1615. Appearance review: Appearance review in conformity with the provisions of article V of the Fort Mill Zoning
Code shall be required for all proposed commercial, community, institutional, or multi-family residential
development within a planned neighborhood development to ensure conformity with the appearance
standards. Compliance with the requirements for appearance review shall be required in addition to all other
requirements. NOTE: APPEARANCE REVIEW WILL OCCUR AFTER REZONING, NOT AS AN ELEMENT OF
REZONING.
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1716. Definitions:
A)
Community hall: A community hall is a structure designed and constructed for civic uses and shall
include a community meeting room, a library annex, space dedicated to historical or cultural displays
or uses, athletic or exercise facilities, or uses deemed by the commission to be similar in intent and
function with this section.
B)
Neighborhood recreation use: This term shall include basketball courts, tennis courts, playgrounds, tot
lots, picnic areas, and the like.
C)
Neighborhood restaurants: A restaurant of not more than 20 seats, nor five employees, open for
business not more than 14 hours per day and not later than 10:00 p.m.
D)
Neighborhood retail store: This term shall include neighborhood-oriented retail businesses with not
more than 4,000 square feet of gross floor area. The term shall include convenience stores, bookstores,
dry cleaners, ice cream stores, barber and beauty shops, wearing apparel stores, bakeries, drugstores,
banks, gift shops, and hardware stores. Any commercial use which allows patrons to remain in their
automobile while receiving goods or services will not be allowed.
E)
Nontidal wetlands: Those wetlands other than tidal wetlands that are inundated or saturated by
surface or ground water at a frequency or duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the
Clean Water Act as amended.
F)
Planned neighborhood development: Planned neighborhood development (PND) is used in two
contexts. Depending upon the context, planned neighborhood development refers to the development
authorized by this ordinance or a project which is proposed for consideration under this ordinance.
Sec. 7. Mobile home park district.
1.
Permitted use: A mobile home park shall be permitted as a conditional use in a zoning district subject to the
provisions of these regulations.
2.
Purpose: The purpose of this article is to provide for the development of properly located and planned
facilities for mobile home parks. Such areas must be carefully located and designed to meet the needs of the
residents and to achieve a satisfactory relationship to adjoining and nearby property. Emphasis is given,
therefore, to the location of a proposed mobile home park, the relationship of the site and the site
development plan to adjoining property, and the development plan itself when evaluating the mobile home
park.
3.
Reserved.
4.
Conformance with regulations:
A)
It shall be unlawful for any person to locate or cause to be located or to allow one or more mobile
homes to be located on a tract owned, possessed, or otherwise controlled by him unless such act
conforms to one of the following requirements or conditions:
1)
The mobile home is nonconforming as defined in article IX, section 3 of the Zoning Ordinance; or
2)
The mobile home is within an approved mobile home park; or,
3)
The mobile home is used in connection with an allowable temporary use; or
4)
The mobile home is on an individual lot in a district in which it is a permitted use.
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5.
B)
The owner or operator of a mobile home park shall not permit a recreational vehicle or travel trailer to
locate within the boundaries of such park for periods greater than one week if the travel trailer is being
used or intended to be used as a dwelling. The storage of travel trailers and recreational vehicles shall
be permitted, provided that only one such unit is stored on a lot of record and that such units are not
used for purposes of living, sleeping, or cooking while in storage.
C)
These regulations shall not be construed to prohibit parking and/or storing any mobile home or trailer
for the purpose of sale by the owner or licensed dealer upon any lot or tract on which the sale of such
vehicle is permitted under these regulations.
D)
Except as allowed under subsection 1. above, it shall be unlawful to store or park any unoccupied
mobile home for longer than 48 hours except in an emergency, and then only after first obtaining a
special permit from the building inspector. No emergency storing permits shall be issued for a period
longer than seven days in duration.
Permitted uses within a mobile home park:
A)
6.
7.
Mobile home parks and buildings when constructed, altered, extended, or used shall be arranged,
intended, and designed to be used exclusively for one or more of the following uses according to the
conditions specified in this ordinance:
1)
The placement of mobile homes for use as a dwelling.
2)
Caretaker's or manager's mobile home or offices.
3)
Service building to house services for occupants of mobile home park only, including
management office, mail pick-up, restrooms, vending machines, washing and drying machines for
domestic laundry, recreation facilities accessory to the mobile home park, and similar uses.
Site planning shall provide the following:
A)
Site planning should adapt to individual site conditions. An informal park type of site planning which
conforms to terrain, existing trees and shrubs is preferred. The mobile home spaces should be fitted to
the terrain with a minimum disturbance of the land. Existing trees and other natural site features shall
be preserved to the extent practical. Variations in the street pattern, block shapes, and location of
mobile home strands should be employed. Excessive repetition of the principal elements of the plan is
not acceptable.
B)
Adequate protection shall be provided against any undesirable offsite views or any adverse influence
from adjoining streets and areas, and protection for offsite residential areas from undesirable views
and adverse influence from areas within the park. Consideration shall be given to the location and
arrangement of mobile homes and of buildings, recreation and parking areas, the nature and extent of
screening, setbacks, street design, and open space in the evaluation of the site plan and its relation to
the surrounding areas.
C)
All mobile home site plans must be approved by the South Carolina Department of Health and
Environmental Control.
Contents and review of the preliminary plan: Mobile home parks shall comply with the preliminary plot
standards as established in the Town of Fort Mill Subdivision Regulations. A preliminary plan shall contain the
following:
A)
A preliminary map prepared and certified by a professional engineer, landscape architect, architect, or
land surveyor duly registered by the state, showing:
1)
Minimum setback lines shown with approximate dimension of mobile home lots, mobile home
stands, mobile home patios, and walkways from patios to parking areas.
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8.
2)
Boundaries of the tract with course and distances, north point, graphic scale of one inch = 200
feet or larger.
3)
Accessory building dimensions and locations.
4)
Existing and finished contours at intervals of two feet.
5)
The location of the following existing and proposed facilities:
a)
Water lines and size,
b)
Sanitary sewer lines and size,
c)
Storm sewer line size,
d)
Dedicated streets showing rights-of-way, dimensions, names, driveways, entrance and
exits, sight distance at intersections, private drives with dimensions,
e)
Bridges, culverts, railroads, water courses, including ditches, easements, alleys, walkways,
f)
Refuse container locations, if required,
g)
Location, arrangement, and dimensions of automobile parking spaces, width of aisles,
width of bays, angle of parking and number of spaces,
h)
The locations of transformer pads, electrical poles, telephone poles, and plans for electrical
distribution and connections,
i)
Street lighting for private drives and parking areas,
j)
The location and size of gas lines,
k)
Location of recreational facilities,
l)
Site location of fire hydrants.
B)
Proposed name of the mobile home park; names and addresses of owners and designers of the park;
street addresses.
C)
The preliminary plan shall include US Mail delivery and pick-up locations.
Contents and review of the final plan: Mobile home parks shall comply with the final plot standards as
established in the Town of Fort Mill Subdivision Regulations when the development includes right-of-way
dedications, easements, and/or mobile home park subdivision. The final plan shall contain the following:
A)
Same requirements as listed on the preliminary plan.
B)
Satisfactory evidence of review, comment and approval by each of the following departments or
agencies:
1)
Public works-refuse collection,
2)
Fire department-fire hydrant lines and fire hydrant locations,
3)
Fort Mill Utilities—Street utilities, electrical distribution and connection, gas distribution and
connection (as required), water distribution, sanitary sewer,
4)
Engineering/inspections-storm sewer, traffic circulation and parking, streets and park drives,
5)
Recreation,
6)
Health department (as required).
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9.
10.
C)
Proposed public streets, park drives, and dedicated streets showing natural and finished grades drawn
to scale of not less than one inch equals four feet vertical.
D)
Vicinity sketch drawn to scale of one inch equals 1,000 feet.
E)
Site data: Total acres, total recreational acreage, total lots, parking ratio, and density ratio.
F)
Type of buffering to be provided.
G)
A numbering plan for all mobile home lots in the proposed park.
H)
Detail of a typical mobile home lot showing water, sewer, and electrical connections.
I)
Location and extent of surface areas, lawns and planted areas.
Mobile home development requirements: Development requirements for mobile home parks within the MH
district shall be as specified below:
A)
The minimum area of any site to be developed for any mobile home park shall be three acres, including
right-of-way, utility easements, and recreation areas.
B)
The maximum gross density of a mobile home park of sections thereof shall be six mobile homes per
gross acre of the tract.
C)
There shall be no less than ten mobile home lots available at first occupancy.
D)
When a mobile home park is developed by sections, a final plan for each section shall be approved by
the zoning board of appeals before any permits can be issued for that section.
E)
It shall be unlawful for any person to sell mobile homes or trailers within a mobile home park on a
commercial basis, except that an individual mobile home owner shall be allowed to sell the mobile
home in which the person maintains occupancy.
Mobile home lot requirements: Mobile home lot requirements shall be as specified below:
A)
A mobile home park shall be divided into mobile home lots, the limits of which shall be clearly marked
on the ground by permanent flush stakes. Each lot shall be of sufficient size to meet minimum
dimensional area and separation requirements based upon the anticipated size and character of the
mobile home and its additions to be placed on the lot. In no case however, shall a lot be less than 4,000
square feet and a minimum width of 40 feet; a lot shall have 5,000 square feet and a minimum width
of 50 feet for use by a double wide mobile home. No more than one mobile home may be erected per
lot.
B)
Location of lots on the ground shall be approximately the same as shown on the approved plans.
Precise engineering of space limits is not required either on the plans or on the ground, except when a
mobile home subdivision is proposed.
C)
Each mobile home shall be erected or located on a permanently constructed stand meeting the
following requirements:
1)
The mobile home stand and the mobile home lot shall be graded to provide adequate storm
drainage away from the mobile home.
2)
The location of each mobile home stand shall be at such elevation, distance, and angle in relation
to the parking lot and the adjacent access private street or public street that placement and
removal of the mobile home is practical by means of customary moving equipment.
3)
A mobile home stand shall consist of a rectangular plot of ground 14 feet by 70 feet or 28 feet by
70 feet with concrete patio and a concrete walk to a private drive.
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4)
Mobile home stands may be located with direct access to public streets which exclusively serve
the mobile home park or on private streets located within the mobile home park.
5)
For each mobile home there shall be constructed a permanent patio located adjacent to or
attached to the mobile home stand, and such patio shall be of the following characteristics:
6)
D)
11.
a)
Each patio shall be at least 64 square feet in area.
b)
Each patio shall have sufficient gradient to facilitate adequate drainage away from the
mobile home stand.
c)
Each patio shall have a well-graded, well-drained and compacted base, and shall be
concrete, or masonry construction.
Each mobile home will be tied down to the stand and will have a curtain covering its base.
The walkway shall be constructed for each mobile home lot and shall connect the parking lot or space
and the patio where parking is provided for the mobile home lot.
1)
The width of the walkway shall be three feet.
2)
The walkway shall consist of a compacted base, and shall be constructed with concrete or
masonry, in accordance with the Town of Fort Mill specifications.
Mobile home general requirements: Mobile home park installations and construction requirements shall be
as specified below:
A)
A permanent street address shall be assigned to all mobile homes located within a mobile home park in
accordance with the Town of Fort Mill Code.
B)
All mobile home park sewer inlets for individual mobile homes or trailers must be provided with a
removable, gas tight seal plug or cap to be put in use immediately when the inlet is not in service. The
plug or cap shall be of the type that cannot be removed easily by children, and shall be approved by the
town's plumbing inspector.
C)
Each mobile home stand shall be located at least 20 feet from any other stand and 25 feet from the
right-of-way of a public dedicated street.
D)
Attached structures such as awnings, cabanas, storage cabinets, carports, windbreaks, and porches for
all purposes of the separation requirements are to be considered part of the mobile home stand.
E)
Each mobile home park shall furnish access only through an approved entrance, and access to
individual lots directly from a public street is prohibited.
12.
Reserved.
13.
Buffering: Shall be required in accordance with article IV of this Code.
14.
Recreation:
A)
Recreation areas serving adult and school age residents shall be provided at a ratio of 100 square feet
per dwelling unit except as noted in subsection 14.B) below.
B)
The recreation requirement for a mobile home park development shall not apply if the project is within
one-half mile radius of a public recreation facility, or if the project is three acres or less.
C)
Swimming pools, clubhouses, accessory buildings for recreational uses, and structures for recreational
activities shall not be located within 20 feet of any adjacent property line. Swimming and wader pools
shall be fenced where intended to serve resident children.
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15.
16.
Parking:
A)
Parking shall be provided in accordance with the off-street parking requirements of article I, section 7.
B)
Off-street parking space for each mobile home shall be within 150 feet of the stand it is to serve, and
no parking shall be closer than five feet to any mobile home living unit.
C)
All required parking spaces shall be provided in parking lots. On street parking shall not be used toward
satisfying the parking requirements.
D)
Parking spaces and lots shall be surfaced with concrete or bituminous asphalt as per the specifications
of the Town of Fort Mill.
Several requirements:
A)
Operating requirements: Each mobile home court or park shall be operated in accordance with the
rules and regulations of the South Carolina Department of Health and Environmental Control governing
the sanitation and operation of mobile home parks in South Carolina.
B)
Utility requirements: Each mobile home shall be connected to the water mains of the Town of Fort Mill
in an approved manner, and to the sanitary sewer systems of the Town of Fort Mill in an approved
manner. Should either or both of these facilities be unavailable, private systems of an approved type
may be used.
C)
Revocation of permit: The building official may revoke any permit to maintain and operate a mobile
home park when the park operator has been found guilty by a court of competent jurisdiction of
violating any provision of this ordinance. After such conviction, if the circumstances leading to
conviction have been remedied and the park is being maintained and operated in full compliance with
the law, the permit may be reissued.
D)
Posting of certificate of occupancy: The certificate of occupancy shall be conspicuously posted in the
office or on the premises of the mobile home park at all times.
Sec. 8. LC Local commercial district.
1.
2.
Purpose of district: It is the intent of this section that the LC zoning district be developed and reserved for
local or "main street" oriented business purposes. The regulations which apply within this district are
designed to:
A)
Encourage the formation and continuance of a stable, healthy, and compatible environment for uses
that are located so as to provide nearby residential areas with convenient shopping service facilities,
B)
Reduce traffic and parking congestion,
C)
Avoid the development of "strip" business districts, and
D)
Discourage industrial and other encroachment capable of adversely affecting the localized commercial
character of the district.
Permitted uses: See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the LC
Zoning District.The following uses shall be permitted in any LC zoning district:
A)
Retail business involving the sale of merchandise on the premises, specifically including:
1)
Antique store,
2)
Appliance, radio, television store,
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B)
3)
Art supply store,
4)
Book, magazine, newspaper shop,
5)
Candy store,
6)
Clothing store,
7)
Drug store or pharmacy,
8)
Florist shop,
9)
Fruit, nut and/or vegetable store,
10)
Gift or curio shop,
11)
Grocery store,
12)
Hardware store,
13)
Hobby and/or toy shop,
14)
Household furnishing store,
15)
Millinery or hat store,
16)
Music store and/or record shop,
17)
Notion, 5-and-10-cent, general or variety store,
18)
Office supply and equipment store,
19)
Package liquor store,
20)
Paint store,
21)
Photographic and camera supply and service store and studio,
22)
Printing shop,
23)
Shoe store,
24)
Sporting goods store,
25)
Video store.
Business involving the rendering of a personal service or the repair and servicing of small equipment,
specifically including:
1)
Appliance, radio, television repair shop,
2)
Banks, savings and loan association, specifically excluding check cashing establishments, title loan
lenders, deferred presentment lenders, pawnshops, loan brokers, and small loan companies,
3)
Barber shop, beauty shop or combination thereof,
4)
Bicycle repair and sales shops
5)
Dressmaker, seamstress, tailor,
6)
Dry cleaning, self-service and/or laundry self-service facility,
7)
Furniture repair, upholstering,
8)
Insurance agency,
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3.
9)
Jewelry and watch repair shop,
10)
Locksmith or gunsmith,
11)
Medical, dental, or chiropractic office, clinic, and/or laboratory,
12)
Office for governmental, business, professional, or general purposes,
13)
Photographic studio,
14)
Public utility business office,
15)
Real estate agency,
16)
School offering instruction in art, music, dancing, drama, or similar cultural activity,
17)
Secretarial and/or telephone answering service,
18)
Shoe repair shop,
19)
Telegraph office,
20)
Telephone exchange,
21)
Veterinary clinic.
C)
Radio and/or television station.
D)
Private or semiprivate club, lodge, union hall or social center.
E)
Church.
F)
Residential uses permitted in any GR residential district.
G)
Off-street commercial parking lot.
H)
Publicly owned and operated building, facility or land.
I)
Day care center.
JA)
Accessory use in compliance with the provisions of article I, section 7, subsection G.
Conditional uses: The following uses shall be permitted in any LC zoning district on a conditional basis:
A)
Auto accessory store; provided, that there shall be no storage of wrecked automobiles or scrapped or
salvaged auto parts on the premises;
B)
Bakery; provided, that goods baked on the premises shall be sold only at retail on the premises;
C)
Bed and breakfast inns, provided:
1)
The use shall be located on a parcel at least two acres in size; provided, however, that the
minimum acreage requirement shall be reduced to one acre for LC zoned parcels which are also
located within the historic preservation district;
2)
The bed and breakfast inn shall have ten or fewer guest rooms;
3)
Meals may be served to registered guests only;
4)
No cooking facilities shall be permitted in individual guest rooms;
5)
The property owner or manager must reside on the property where the inn is located;
6)
Only short term lodging will be provided; monthly rentals shall be prohibited; and no guest(s)
may stay on the premises for a period exceeding 30 consecutive days;
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7)
Two parking spaces shall be provided for the operator, plus one space for each guest room as
required herein, including handicap accessibility;
8)
All guest quarters and living facilities shall be located within the principal structure; and
9)
The use shall produce no alterations or changes in the character or exterior appearance of the
principal building from that of a dwelling, except that one sign not exceeding 40 square feet in
size and eight feet in height may be installed.
D)
Contractor's office; provided, there shall be no storage of vehicles, equipment or materials on the
premises.
E)
Delicatessen, restaurant, soda fountain, or other eating, drinking and/or entertainment establishments
(other than drive-in establishments) provided, that:
F)
1)
Outdoor speaker systems and/or sound amplifying devices shall be directed away from any
adjoining residential uses and/or districts; provided, however, no outdoor speaker system and/or
sound amplifying devices shall be permitted within 50 feet of an adjoining residence,
2)
All lights or lighting arrangements used for purposes of advertising or night operations shall be
directed away from adjoining or nearby residential properties, and
3)
Parking and/or service areas shall be separated from adjoining residential properties by a suitable
planting screen, fence, or wall at least six feet in height above finish grade.
Dry cleaning or laundry pick-up agency; provided, that:
1)
Any laundering, cleaning or pressing done on the premises shall involve only articles delivered to
the premises by individual customers; and
2)
No applicable fire zone regulation shall be violated.
G)
Pet shop; provided, that all animals shall be housed within the principal building so that no sound is
perceptible beyond the premises.
H)
Public utility substation or subinstallation including water towers, provided, that:
1)
Such use shall be enclosed by a fence or wall at least six feet in height above finish grade, or by
some other screening material deemed appropriate as part of the appearance review process,
2)
There shall be no storage of vehicles or equipment on the premises, and
3)
A landscaped strip not less than five feet in width shall be planted and suitably maintained.
I)
Commercial recreation facility, specifically including: Theaters, but not including drive-in type of facility.
J)
Childcare Centers, which includes the care, supervision, or guidance of a child or children,
unaccompanied by the parent, guardian, or custodian, on a regular basis, for periods of less than 24
hours a day, but more than four hours, in a place other than the child's or the children's own home or
homes. Childcare Centers shall meet the following conditions:
1)
Outdoor play areas, if provided, shall not be located in any front yard.
2)
Any outdoor play area shall be protected by a fence. The fence height shall be a minimum of four
feet and the top of the fence shall be free of protrusions. The requirement disallowing
protrusions on the tops of fences shall not apply to fences six feet high or above. The fenced,
outdoor play area shall not include fixed bodies of water such as ditches, quarries, canals,
excavations, and fish ponds. Gates to the fenced, outdoor play area shall remain closed while
children occupy the area.
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4.
3)
The Childcare Center shall not conduct outdoor play activities before 7:00 a.m. or after 7:00 p.m.
4)
Vehicular circulation, drop-off, and pick-up locations shall be designed and located on the site in
such a way that children do not cross vehicular travel ways to enter or exit the daycare center.
Such a design shall include sidewalks which enable pedestrians to remain outside of vehicular
circulation areas. The drop-off and pick-up area shall be of sufficient length and design to ensure
that all vehicle stacking and maneuvering occurs within the facility property and does not extend
into any public street.
5)
Evidence shall be provided that all applicable requirements of the State of South Carolina
governing the licensing of the facility are met and the use shall be operated at all times in
accordance with state requirements.
Other requirements: Unless otherwise specified elsewhere in this ordinance, uses permitted in LC local
commercial zoning districts shall be required to conform to the following standards. In instances where the
standards listed below conflict with standards elsewhere in this ordinance, the more restrictive standard
shall apply:
A)
Minimum lot area—1,500 square feet,
B)
Minimum lot width, measured at the building line—20 feet,
C)
Minimum side yard—No side yard required,
D)
Minimum rear yard—No rear yard required,
E)
Additional requirements: Uses permitted in LC zoning districts shall meet all standards set forth in
article I, section 7, subsection I, pertaining to off-street parking, loading, and other requirements.
Public alleys and/or parking lots may be used to satisfy this requirement.
F)
Signs: Signs permitted in LC zoning districts, including the conditions under which they must be located,
are set forth in article III.
G)
Buffers: A 20-foot wide buffer shall be required along the perimeter of the property line. At a minimum
the typical 100-foot section of this 20-foot wide buffer, as measured along the property line, shall
contain two canopy trees, two ornamental trees, two evergreen trees and four evergreen shrubs.
Existing vegetation may be used to meet these planting requirements, but only upon submission of a
tree survey by the applicant, and subsequent review and approval by the Town of Fort Mill Planning
Department.
H)
Streetscapes: Except for necessary driveways, frontage roads, service drives, or walkways. a required
streetscape within a yard abutting a public road shall extend the full length of the lot line. At a
minimum, a required streetscape along a road shall be landscaped in accordance with the following:
I)
1)
One canopy tree and two evergreen trees per streetscape, plus one additional canopy or
ornamental tree and one evergreen tree for each 75 feet, or fraction thereof, of road frontage;
and
2)
Six shrubs per each 50 feet, or fraction thereof, of road frontage.
Parking lot streetscapes: The streetscape standard along the edge of a parking lot shall be landscaped
in accordance with the following:
1)
On any side not facing a public road, one canopy tree, two ornamental trees, and one evergreen
tree per 50 feet, or fraction thereof, of parking lot length for which the streetscape is required.
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2)
J)
On any side that faces a public road, a three-foot high continuous, sight obscuring screen,
comprised of plant material, berms, masonry wall or any combination thereof shall be provided,
in addition to the streetscape required above.
Streetscapes—General requirements:
1)
The minimum depth of the streetscape shall correspond to the minimum building or parking
setback requirement for the district, whichever is less, but shall not be less than ten feet. If
located adjacent to any waters of the state, the minimum streetscape shall be 45 feet.
2)
Landscaping shall be located so it does not obstruct the vison of drivers entering or exiting a site
and shall also meet sight-triangle provisions.
3)
The required streetscape landscaping, except for the sight-obscuring parking lot screen, need not
be evenly spaced. Clustering of trees and plating beds is encouraged to provide a more aesthetic
and natural appearance; provided, the requirements of this section are met.
4)
Existing, protected trees located within the required landscape shall be counted toward meeting
the minimum requirements of this section; provided, they are in a healthy condition. Other
existing trees within the required streetscape may be counted toward the minimum
requirements of this section, if approved by planning commission.
5)
It berms are incorporated into the streetscape, the planning commission may reduce the
required quantities of plant material by up to one-third where it is determined that the purpose
of the streetscape will still be achieved.
6)
Stormwater detention retention areas may be located within a required streetscape; provided,
they do not reduce the screening effect or jeopardize plant material. However, a
detention/retention area shall not be located within any front yard, unless the planning
commission determines that it is designed as a prominent aesthetic feature that will enhance the
appearance of the site and will be properly maintained as such.
K)
Dumpster enclosures: A screened enclosure shall be required around any dumpster. The enclosure
shall be constructed of brick or split face block that matches the building color with a height of six feet
or at least one foot higher than the dumpster, whichever is greater. Other decorative masonry material
may be approved if it matches the material used on the principal building.
L)
Sidewalks: In conjunction with new development or redevelopment, sidewalks shall be constructed
across the width of the subject property. The sidewalk shall be located within the right-of-way or
within the required setback area of all public and private streets to ensure current and future
pedestrian connectivity. Where sidewalks are not located within the right-of-way, a public access
easement shall be provided. Sidewalks shall be constructed in accordance with town specifications and
standards.
M)
Traffic impact analysis: Any new development which generates 100 or more peak hour trips, based on
the most recent edition of the Trip Generation Manual published by the Institute of Transportation
Engineers, shall be required to submit a Traffic Impact Analysis (TIA). This TIA shall be prepared by a
professional transportation engineer, licensed in the State of South Carolina.
(Ord. No. 2007-23, § 1, 11-12-07; Amd. of 11-12-07; Ord. No. 2014-17, § I, 8-25-14; Ord. No. 2015-03, § I, 4-13-15;
Ord. No. 2018-30, § I, 9-24-18)
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Sec. 9. HC Highway commercial district.
1.
2.
Purpose of district: It is the intent of this section that the HC zoning district be developed and reserved
primarily as a retail service and commercial area, serving surrounding neighborhoods and larger community
or citywide 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. The regulations which apply within this district are designed to:
A)
Encourage the formation and continuance of a compatible environment for highway-oriented uses;
B)
Ensure adequate and properly designed means of ingress and egress;
C)
Encourage pedestrian access where appropriate; and
D)
Discourage any encroachment by industrial or other uses capable of adversely affecting the specialized
commercial character of the district.
Permitted uses: See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the HC
Zoning District.The following uses shall be permitted in any HC zoning district:
Administrative offices.
Research, development and testing laboratories.
United States Postal Service.
Hardware stores.
Horticultural nursery.
Antique stores.
Food stores.
Convenience stores.
Apparel and accessory stores.
Home furniture, furnishing and equipment stores.
Restaurants.
Taverns.
Drug stores.
General merchandise stores such as bicycle and sporting goods, books, stationery, jewelry, toy, photography,
gift, luggage, sewing, catalog, consignment shops (but not flea markets), etc.
Personal service stores such as florists, optical goods, art supplies, telephone stores, pet stores, travel
agents, etc.
Pet shops.
Animal hospital specifically excluding boarding facilities.
Banking, lending institutions, security and broker services, insurance companies specifically excluding check
cashing establishments, title loan lenders, deferred presentment lenders, pawnshops, title loan brokers, and
small loan companies.
Real estate agencies.
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Dry cleaners and laundry services.
Photographic studios, beauty shops, barbershops, shoe repair.
Funeral service and crematories.
General retail trade such as department stores, food stores, etc.
Gas stations.
Car washes.
Repair garage.
Warehouse (excluding mini-warehouses or personal storage units).
Offices for health care services, such as doctors, dentists, and nursing, and personal care facilities.
Legal services offices.
Professional offices and workshops for engineering, accounting, research, artists, etc.
Daycare centers.
Recreational activity centers such as bowling alleys, skating rinks, miniature golf courses, playhouses, and
arcades.
Schools.
Hotels.
Theaters.
Religious institutions.
Seasonal or temporary uses, consistent with the character of the district and in conformance with all
pertinent requirements of the municipal code.
Accessory uses in compliance with the provisions of article I, section 7, subsection G.
3.
Conditional uses: The following uses shall be permitted in any HC zoning district on a conditional basis in
accordance with the provisions of article X of this ordinance:
A)
B)
Dealerships, new and used automobiles, recreation vehicles, boats, boat trailers, and utility trailers;
provided, that:
1)
Stock shall be parked no less than five feet from adjoining property lines and 15 feet from edge of
streets,
2)
There shall be no storage of wrecked or dilapidated automobiles or scrapped or salvaged auto
parts on the premises.
Automotive wrecker service; provided, that:
1)
No wrecked automobile shall be stored on the premises outside a fenced area.
2)
The fenced area shall be screened from public view. A six-foot-high fence or wall shall enclose the
area, and the area shall be paved or graveled with no grass allowed to grow in the storage area.
3)
Maximum time limit of storage shall be ten days. The date the wrecked vehicle is received shall
be marked on each unit with at least four-inch-high numbers.
4)
No other parts or items may be stored in the area.
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C)
D)
Mini-warehouses or personal storage units; provided, that:
1)
Any outdoor storage shall be conducted entirely within storage yards separate from buildings.
Such storage yards shall be screened from public view. A six-foot high fence or wall shall enclose
the area, and the area shall be paved or graveled with no grass allowed to grow in the storage
area.
2)
Storage of any items, including vehicles, in interior traffic aisles, off-street parking areas, loading
areas or driveway areas is prohibited.
3)
Lighting used to illuminate any interior traffic aisle, off-street parking area, loading or unloading
area, or storage area, shall be shielded or so arranged as to reflect light away from adjoining
premises.
4)
Mini-warehouses shall be designed, landscaped, screened, or otherwise treated in a manner that
will be aesthetically pleasing and compatible with surrounding uses.
5)
Traffic aisles shall be of sufficient width so as to allow for loading and unloading, maneuvering
and circulation of vehicles, and shall in no case be less than 20 feet in width.
6)
Use of mini-warehouse compartments or yards for any purpose other than the storage of goods
is prohibited.
Uses permitted as conditional use: The zoning administrator shall allow the following uses, subject to
compliance with conditions set forth for the use in this section:
1)
2)
Check cashing establishments, deferred presentment lenders, and title loan companies when:
a.
The use is: (i) located no closer than 3,000 feet, measured lot line to lot line from the
nearest check cashing establishment, deferred presentment lender, or title loan company,
and (ii) located within a group nonresidential development or like commercial shopping
center with all structures contained in it having a total floor space of 30,000 square feet or
more; or
b.
The use is wholly contained within the confines of a grocery store or general merchandise
retail establishment having 30,000 square feet or more of floor space, and the use has no
separate access for public use to its share of the premises, and (ii) is located no closer than
3,000 feet, measured lot line to lot line from the nearest check cashing establishment,
deferred presentment lender, or title loan company.
Tattoo facilities, provided that:
a.
The facility shall be properly licensed by the South Carolina Department of Health and
Environmental control pursuant to Section 44-34-10 et seq. of the 1976 Code of Laws of
South Carolina, as amended;
b.
The facility may only provide tattooing services and may not engage in any other retail or
service operations, including, but not limited to, the sale of goods or the performing of
body piercing or any other form of body modification other than tattooing;
c.
Such facilities shall not be permitted within one thousand feet of a church, school, or
playground. This distance shall be computed by following the shortest route of ordinary
pedestrian or vehicular travel along the public thoroughfare from the nearest point of the
grounds in use as part of the church, school, or playground;
d.
Any new tattoo facility shall be located a minimum of 3,000 feet, measured lot line to lot
line, from the nearest tattoo facility.
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3)
Tool and Equipment Rental facilities, provided that:
a.
The minimum lot size shall be three acres.
b.
The entire lot or parcel occupied by the use shall be located within 500 feet of the I-77
right-of-way.
c.
No building or structure shall be located within 75 feet of a residential or mixed use district.
d.
Outdoor storage areas for rental equipment or vehicles shall be at least 50 feet from any
residential or mixed use district.
e.
Outdoor storage or display of equipment shall not be permitted within any front yard.
f.
Architectural requirements:
g.
4)
4.
1.
Front facade and other elevations facing a street, parking lot or adjacent
residential zoning district: A minimum of 75 percent of the building elevation
shall contain brick, face brick, architectural pre-cast brick, or natural stone. Up
to 25 percent may be split face block, scored block, EIFS, wood or fiber cement
siding, stucco, or other similar quality building material approved by the
planning commission as part of the Commercial Appearance Review Process.
No metal siding or plain concrete block shall be permitted.
2.
Side and rear facades that do not face a street, parking lot or adjacent
residential zoning district: Any masonry material or other similar quality
material approved by the planning commission as part of the Commercial
Appearance Review Process.
Any outdoor storage area visible from a public right-of-way, adjoining property or parking
area shall be screened by a buffer at least 20 feet in width, which buffer shall include a
minimum of two canopy trees, two ornamental trees, two evergreen trees, and four shrubs
per 100 linear feet of buffer zone, as measured parallel to the property line. The planning
commission may allow a reduction in the buffer requirement in instances where a wall,
berm or opaque fence is provided, provided the purpose of the buffer will still be achieved.
Hospitals, provided that:
a.
Maximum building height shall be 75 feet.
b.
A minimum lot area of 15 acres shall be required if the site is to include a heliport or
helipad.
c.
The location of the helipad shall have a separation requirement of 500 feet from any
existing building not owned by the applicant at the time the site plan is approved by the
town and 500 feet from any adjacent property line zoned for residential.
d.
The location of the helipad shall have a separation requirement of 500 feet from any road
right-of-way.
Other requirements: Unless otherwise specified elsewhere in this ordinance, uses permitted in HC zoning
districts shall be required to conform to the following standards:
A)
Minimum lot area: 10,000 square feet.
B)
Minimum lot width measured at the building line: 75 feet.
C)
Minimum front yard depth measured from the nearest street right-of-way line: 35 feet.
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1)
D)
E)
F)
For exceptions to this requirement, see article I, section 7, subsection E.
Minimum side yard:
1)
Principal structures: Ten feet.
2)
Accessory uses: Five feet.
3)
For side yard requirements pertaining to corner lots, see article I, section 7, subsection C.
Minimum rear yard:
1)
Principal structures: 35 feet.
2)
Accessory uses: Five feet.
3)
For rear yard requirements pertaining to double frontage lots, see article I, section 7, subsection
D.
Maximum building height:
1)
For lots located 1,000 linear feet or less from Interstate 77: 60 feet.
2)
For all other lots: 35 feet.
3)
For exceptions to height regulations, see article I, section 7, subsection L.
G)
Off-street parking: Uses permitted in HC zoning districts shall meet all standards set forth in article I,
section 7, subsection L, pertaining to off-street parking, loading, and other requirements.
H)
Signs: Signs permitted in HC zoning districts, including the conditions under which they may be located,
are set forth in article III.
I)
Buffers: Where proposed commercial development abuts one or more lots zoned for residential use, a
suitable buffer screen, wall or fence, six feet in height, shall be provided along each shared property
line to restrict visibility of the commercial use from adjacent residential uses.
(Amd. of 12-27-05; Ord. No. 2007-24, § 1, 11-12-07; Amd. of 11-12-07; Ord. No. 2011-12, § II, 8-8-11; Ord. No.
2013-22, § I, 8-12-13; Ord. No. 2013-33, § I, 12-9-13; Ord. No. 2017-11, § I, 2-27-17; Ord. No. 2020-06, § I, 3-9-20;
Ord. No. 2020-20, § I, 6-8-20)
Sec. 10. GI General industrial district.
1.
Purpose of district: It is the intent of this section that the GI zoning district be developed and reserved for
general industrial purposes. The regulations which apply within this district are designed to encourage the
formation and continuance of a compatible environment for all types of industrial, warehouse, terminal,
laboratory, and open yard storage operations of concerns, and to discourage any encroachment by
residential developments or other uses capable of adversely affecting the industrial character of the district.
2.
Conditional Uses: All uses in any GI zoning district shall be conditional uses. The following uses shall be
permitted on a conditional basis:
A)
Any industrial use which involves manufacturing, processing or assembly operation, or the storage and
sale of materials, products or equipment, but not including junk or salvage yards or uses which may
cause injurious or obnoxious noise, vibration, smoke, gas, fume, odor, dust, fire hazard, dangerous
radiation or other conditions objectionable to adjacent or nearby areas,
B)
Warehouse,
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C)
Research or experimental laboratory,
D)
Transportation terminal,
E)
Public building, facility or land,
F)
Public utility installation,
G)
Bulk storage of petroleum or petroleum products,
H)
Repair garage,
I)
Office building and/or offices for governmental, business, professional or general purposes,
J)
Commercial trade or vocational school,
K)
Off-street commercial parking lot or garage, as well as off-street parking or storage area for customer,
client, or employee-owned vehicles,
L)
New and used car sales,
M)
Automobile service station; provided, that:
(1)
All pumps shall be set back at least fifteen feet from the right-of-way line of any street; and
(2)
That there shall be no open storage of ay type in conjunction with the operation.
N)
Wholesale business outlet; provided, that there shall be no open storage of junk or salvage material of
any type in conjunction with the operation,
O)
Retail business; provided, that such business shall involve no open storage of any type,
P)
Truck terminal; provided, that:
Q)
R)
S)
(1)
Paved acceleration and deceleration lanes at least ten feet in width and one hundred feet in
length, respectively, shall be furnished and maintained where trucks enter or leave terminal sites
located adjacent to major streets or controlled access highway,
(2)
No safety hazard or impediment to traffic movement shall be produced on any access road, and
(3)
No open storage of any type shall be conducted in connection with the operation.
Watchman or caretaker's dwelling; provided, that:
(1)
Such dwelling shall be located on the premises of a permitted use; and
(2)
The head of the household is employed by the industry as a watchman or caretaker; plus
accessory uses for dwelling in compliance with article I, section 7, subsection G.1).
Private recreation facility; provided, that such facility shall be:
(1)
Incidental to a permitted use; and
(2)
Located on the same premises.
Automotive wrecker service; provided, that no wrecked automobile shall be stored on the premises
outside of a fenced area. The fenced area shall be screened from public view. A six-foot-high fence or
wall shall enclose the area, and the area shall be paved or graveled with no grass allowed to grow in
the storage area. Maximum time limit of storage shall be 30 days. The date the wrecked vehicle is
received shall be marked on each unit with at least four-inch-high numbers. No other parts or items
may be stored in the area.
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3.
Other requirements: Unless otherwise specified elsewhere in this ordinance, uses permitted in GI zoning
districts shall not be required to conform to additional requirements; except, that under no condition shall
the requirements of article II, section 2, subsection 5. be minimized. Subsection B) under article II, section 2,
subsection 5. shall not apply to this requirement.
Sec. 11. Historic preservation district.
1.
Title: The title of this section shall be the Fort Mill Historic Preservation Ordinance.
2.
Purpose: The purpose of this section is:
A)
To protect, preserve, and enhance the distinctive architectural heritage of the Town of Fort Mill;
B)
To promote the educational, cultural, economic, and general welfare of the people of Fort Mill;
C)
To foster civic pride;
D)
To ensure harmonious, orderly, and efficient growth and development of the Town of Fort Mill;
E)
To strengthen the local economy; and
F)
To stabilize and improve property values. It is the hope of the Town of Fort Mill that by encouraging a
general harmony of style, form, color, proportion, texture, and material between buildings of historic
design and those of contemporary design, it will be possible for the town's historic landmarks and
districts to continue to be a distinctive aspect of the town and to serve as visible reminders of the
significant historical and cultural heritage of the Town of Fort Mill and the State of South Carolina.
3.
Historic review board. In order to implement the provisions of this section, there is hereby established a
historic review board (HRB). The HRB shall have all the duties and responsibilities outlined within article VI,
section 1(E)(1) of this ordinance. The HRB shall be comprised as outlined in article VI, section 1(E)(2) and (3).
4.
Meetings, rules, and records.
5.
A)
Meetings: The HRB shall meet as specified in article VI, section 1(E)(4) of this ordinance.
B)
Records: The HRB shall keep and maintain public records as outlined in article VI, section 1(E)(5) of this
ordinance.
C)
Public hearings: When required under the provisions of this ordinance, public hearings shall be held by
the HRB. Public hearings shall be held at the earliest possible meeting; provided, however, all public
hearings shall be advertised as required by law.
D)
Annual report: The HRB shall make an annual report to the town council at the end of the town's fiscal
year citing applications brought before the HRB and the approvals, denials, or other resolutions issued
by the HRB. This report will be a public record and will be kept along with minutes of the meetings at
town hall.
E)
Survey and inventory of historic properties: The HRB may authorize an ongoing survey and inventory of
historic properties, provided such survey is conducted in accordance with professional standards and
under the qualified supervision of the State Historic Preservation Office. Such survey shall follow
procedures described in The South Carolina Historic Preservation Program: Survey Manual.
Jurisdiction of the historic landmarks HRB:
A)
Jurisdiction: The jurisdiction of the HRB to review proposed alterations to exteriors and buildings, new
construction, and demolition shall be the following:
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B)
6.
1)
Buildings or areas within the zoning authority of the Town of Fort Mill which have been accepted
to the National Register of Historic Places kept by the United States Department of the Interior.
2)
Buildings or groups of buildings within the zoning authority of the Town of Fort Mill which have
been designated a local historical landmark by the town council upon the recommendation of the
HRB.
3)
Areas within the zoning authority of the Town of Fort Mill which have been designated a historic
district by the Town of Fort Mill upon the recommendation of the HRB.
Designation of historic landmarks and historic districts: The HRB may recommend to the town council
the designation as historic landmark or as a historic district any individual building, group of buildings,
or sites it deems to be important to the history, culture, and heritage of the people and Town of Fort
Mill. When considering whether a building, structure, site, object, or district should be designated
historic by the Town of Fort Mill, the following criteria should be considered: The quality of significance
in American, South Carolina, York County, or Fort Mill history, architecture, archeology, engineering,
and culture is present in districts, sites, buildings, structures, and objects that possess integrity of
location, design, setting, materials, workmanship, feeling, and association, and:
1)
That are associated with events that have made a significant contribution to the broad patterns
of our history, or
2)
That are associated with the lives of persons significant in our past, or
3)
That embody the distinctive characteristics of type, period, or method of construction, or that
represents the work of a master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual distinction; or
4)
That have yielded, or may be likely to yield, information important in prehistory or history; or
5)
That are important in preserving areas which embody physical resources of unique value in the
cultural development of the community.
C)
Action by town council: Designation as a historic landmark or historic district or the expansion of a
historic district shall not become effective until officially adopted by the town council. Owners of
properties proposed to be designated historic shall be notified in writing 30 days prior to consideration
by town council. Owners may appear before the town council to voice approval or opposition to such
designation.
D)
Identification on town zoning map: Any National Register Landmark, locally designated landmark or
Historic District shall be superimposed on the zoning map of the Town of Fort Mill. The boundaries of
any historic district designated by the town council shall be clearly shown on the zoning map.
E)
Appeal: Any property owner may appeal the decision of the town council before the Courts of the State
of South Carolina.
Nominations to National Register of Historic Places: The HRB may designate and recommend the nomination
of buildings, structures, sites, objects, or districts to the National Register of Historic Places. When
considering whether a building, structure, site, object, or district should be nominated the HRB should apply
the following National Register criteria: The quality of significance in American history, architecture,
archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that
possess integrity of location, design, setting, materials, workmanship, feeling and association, and:
A)
That are associated with events that have made a significant contribution to the broad patterns of our
history; or
B)
That are associated with the lives of persons significant in our past; or
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7.
C)
That embody the distinctive characteristics of a type, period, or method of construction, or that
represent the work of a master, or that possess high artistic values, or that represent a significant and
distinguishable entity whose components may lack individual distinction; or
D)
That has yielded, or may be likely to yield, information important in prehistory or history. The HRB shall
conduct first review and evaluation of all proposed National Register nominations within its
jurisdiction, including any which may have been submitted to the state historic preservation office, and
shall forward all reviewed nominations to the SHPO with recommendations for consideration by the
state board of review. Property owners will be notified when their property is being nominated to the
National Historic Register and that there will be public notification for all nominations to be considered
by the HRB. The HRB shall not have the authority to nominate properties directly to the National
Register; only the state board of review shall have this final review authority.
Permitted uses:
A)
Permitted uses: All uses permitted by the Town of Fort Mill, either by right or as a special use, shall be
permitted in areas designated historic by the town council in accordance with provisions of the zoning
ordinance adopted by the town council.
B)
Dimensional regulations: Structures designated historic by the town council shall observe the
dimensional and other regulations provided for in the Zoning Ordinance of the Town of Fort Mill.
8.
Maintenance and repair: Nothing in this section shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature of structures designated as historic which does not involve a
change in design, material, color or outer appearance thereof, nor to prevent the construction,
reconstruction, alteration, demolition of any such feature which the building inspector or similar official shall
certify is required by the public safety because of an unsafe or dangerous condition.
9.
Certificate of appropriateness:
A)
General: Prior to any demolition, new construction, alteration, modification, or addition to a
designated historic landmark or within an area designated as a historic district by the town council, a
certificate of appropriateness from the HRB shall be required. The Town of Fort Mill shall require a
certificate of appropriateness to be issued by the HRB prior to the issuance of a building permit for the
purposes of construction, alteration, moving or demolition for property affected by this section. Any
building permit or other permit not issued in conformity with this section shall be considered void.
Such certificate shall be a standard form signed by either the chairman or vice-chairman of the HRB,
stating that the requested demolition, or change to the exterior appearance of a structure are
approved by the HRB. Application for a certificate of appropriateness must be made by the owner of
the property or by his authorized representative or agent.
B)
Interior alterations to structures: The HRB shall not consider interior arrangement or any alteration to
the interior of any structure designated as historic by the town council.
C)
Requirements of municipality and public utilities: The Town of Fort Mill and all public utility companies
shall be required to obtain approval from the HRB in accordance with this section prior to initiating any
changes in the character of street paving, sidewalks, trees, utility installations, lighting, walls, fences,
structures, and buildings on property designated historic by the town council.
D)
Contents of application: The HRB shall, by uniform rule in its rule of procedure, require data as are
reasonably necessary to determine the nature of the application. The applicant shall also include an
application fee, the amount of which shall be established by the town council during the adoption of
the annual budget ordinance. An application for a certificate of appropriateness shall not be
considered complete until all required data and the application fee have been submitted. Nothing shall
keep the applicant from filing with the application relevant information bearing on the application.
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10.
E)
Notification of affected property owners: Prior to issuance or denial of a certificate of appropriateness,
the HRB shall take such action as shall be reasonably required to inform the owners of any property
likely to be materially affected by the application, and shall give that applicant and such owners an
opportunity to be heard.
F)
HRB action on the application: The HRB shall take action on the application and in doing so shall apply
the review criteria, contained in article VII of this ordinance. The HRB's action on the application shall
be approved, approved with modifications, or disapproved. Prior to final action on an application, the
HRB, using the guidelines in article VII shall make findings of fact indicating the extent to which the
application is or is not congruous with aspects of property designated as historic by the town council.
G)
Reasons for HRB's action to appear in minutes: The HRB shall place in the minutes of its meetings the
reasons for its actions, whether it be approval, approval with modifications, or denial.
H)
Time limits: If the HRB fails to take final action upon any application within 60 days after the complete
application is submitted to the designated official, the application shall be deemed approved.
I)
Submission of a new application: If the HRB determines that a certificate of appropriateness should not
be issued, a new application affecting the same property may be submitted only if substantial change is
made in the plans for the proposed construction, reconstruction, alteration, or restoration.
J)
Pre-application review process for minor projects: The rules of procedure adopted by the HRB shall
contain a provision by which projects involving repairs and alterations deemed minor by the HRB be
issued a certificate of appropriateness at one review session based upon preliminary drawings and
other data sufficiently clear and explicit. Should such data indicate alterations, remodeling, or repairs
not changing the exterior appearance of the property, the building inspector may exempt the
application from the provisions of this ordinance.
K)
Substantial hardship: In the event an application for a certificate of appropriateness is denied, the
property owner may apply for an exception based on the substantial hardship of maintaining the
property according to the HRB's guidelines. Substantial hardship is to be considered by the HRB where
there are unusual and compelling circumstances as defined by:
1)
The property has little or no historic value,
2)
The property cannot be reasonably maintained in the manner dictated by the ordinance,
3)
There is no other reasonable means of saving the property from deterioration, or collapse, or
4)
The property is owned by a nonprofit organization and it is not financially or physically feasible to
achieve the charitable purposes of the organization.
Review criteria:
A)
Intent: It is the intent of this ordinance to insure, insofar as possible, that buildings or structures
designated as historic shall be in harmony with the architectural and historical character of the Town of
Fort Mill. In granting a certificate of appropriateness, the HRB shall take into account the architectural
or historical significance of the structure under consideration and the exterior form and appearance of
any proposed additions or modifications to that structure as well as the effect of such change or
additions upon other structures in the vicinity.
B)
Demolition: No building or structure designated as historic shall be demolished or otherwise removed
until the owner thereof has received a certificate of appropriateness from the HRB. The HRB may delay
the granting of the certificate of appropriateness for a period of up to 180 days from the time of the
filing of the application with the designated town official. The HRB may extend this postponement for
certificate of appropriateness with regards to a request to demolish a structure for another 180 days
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after a finding by the HRB that the structure is of extreme historical importance to the people and
Town of Fort Mill. Within the period of postponement of such demolition of any building, the HRB shall
take steps to ascertain what can be done to preserve such buildings. Such steps shall include but will
not be limited to, consultation with civic groups, interested citizens, and public boards and agencies.
After the postponement period has elapsed and the HRB has been unable to determine an adequate
alternative to demolition, the certificate of appropriateness shall be granted. If the HRB finds that a
building proposed for demolition is of no particular historical significance or value towards maintaining
the historical character of Fort Mill, it may issue the certificate of appropriateness in the normal
manner.
C)
Alteration, repair, or restoration: When considering an application for a certificate of appropriateness
for alteration, repair, or restoration, the HRB shall use the Secretary of the Interior's Standards for
Rehabilitation as guidelines in making its decisions. These guidelines are to serve as the basis for
determining the approval, approval with modification, or denial of certificate of appropriateness. These
guidelines are:
1)
Every reasonable effort shall be made to provide a compatible use for a property which requires
minimal alteration of the building, structure, or site and its environment, or to use a property for
its original intended purpose.
2)
The distinguishing original qualities or character of a building, structure, or site and its
environment shall not be destroyed. The removal or alteration of any historic material or
distinctive architectural features should be avoided when possible.
3)
All buildings, structures, and sites shall be recognized as products of their own time. Alterations
that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4)
Changes which have taken place in the course of time are evidence of the history development of
a building, structure, or site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and respected.
5)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building,
structure or site shall be treated with sensitivity.
6)
Deteriorated architectural features shall be repaired rather than replaced wherever possible. In
the event replacement is necessary, the new material should match the material being replaced
in composition, design, color, texture, and other visible qualities. Repair or replacement of
missing architectural features should be based on accurate duplications of features,
substantiated by history, physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from other buildings.
7)
The surface cleaning of structures shall be undertaken with the gentlest means possible.
Sandblasting and other cleaning methods that will damage the historic building material shall not
be undertaken.
8)
Every reasonable effort should be made to protect and preserve archaeological resources
affected by, or adjacent to the property.
9)
Contemporary design for alterations and additions to existing properties shall not be discouraged
when such alterations and additions do not destroy significant historical, architectural or cultural
materials, and such design is compatible with the size, scale, color, material, and character of the
property, neighborhood, or environment.
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10)
D)
Wherever possible, new additions or alterations to structures shall be done in such a manner that
if such additions or alterations were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
Specific guidelines-new construction: In considering an application for a certificate of appropriateness
for new construction within a historic district, the HRB shall take into account the following criteria,
when relevant. The HRB will make a finding of fact indicating the extent to which the proposed
structure is congruous with the historic aspects of the historic district.
1)
The height of the building in relation to the average height of the nearest adjacent and opposite
buildings.
2)
The setback and placement on a lot of the building in relation to the average setback and
placement of the nearest adjacent and opposite buildings.
3)
Exterior construction materials, including texture and pattern.
4)
Architectural detailing, such as lintels, cornices, brick bond, and foundation materials.
5)
Roof shapes, forms, and materials.
6)
Proportion, shape, positioning and location, pattern, and size of any elements of fenestration.
7)
General form and proportions of buildings and structures.
8)
Appurtenant fixtures and other features such as lighting.
9)
Structural conditions and soundness.
10)
Architectural scale.
11.
Appeal of a decision of the HRB: Pursuant to the South Carolina Code of Laws, Section 5-23-240, no suit shall
be brought against the HRB or the Town of Fort Mill, and not against any individual member, it shall be
dismissed as to such board member. Any persons or any officer, department, or board aggrieved by any final
decision of the HRB must follow procedures for appeal as outlined in South Carolina Code of Laws, Section 523-340.
12.
Adoption of the Fort Mill Historic District Design Guidelines Manual. The Fort Mill Historic District Design
Guidelines Manual, dated August 1, 2016, and attached hereto as Exhibit A, is hereby adopted. Pursuant to
the certificate of appropriateness requirements outlined within the Zoning Ordinance for the Town of Fort
Mill, the historic review board shall use the Historic District Design Guidelines Manual as part of its review
and approval process for any proposed demolition, new construction, alteration, modification or addition to
a designated historic landmark, or within an area designated as a historic district by the town council.
(Ord. No. 2010-12, § I, 9-20-10; Ord. No. 2013-23, § III, 8-12-13; Ord. No. 2016-27, § 1, 9-26-16)
Sec. 12. Scenic highway planned development district.
1.
Scenic highway planned development district created: The Fort Mill Zoning Ordinance is amended to create a
scenic highway planned development district (SHPDD) in accordance with the standards and provisions of
this ordinance. The SHPDD shall apply to the following road segment: The planning commission may
recommend and the town council may adopt further amendments to the Fort Mill Zoning Ordinance
establishing additional Scenic highway planned development districts in accordance with the provisions of
the zoning Ordinance.
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2.
Overlay zoning district: The SHPD district shall apply as an overlay zoning district so that the standards and
requirements of the SHPDD are superimposed over the standards and requirements of the existing zoning
district for an area. Any use of land within any SHPD district must comply with the standards and
requirements of both the underlying district and the SHPD district. The provisions of the SHPD district shall
apply in addition to other requirements of the zoning ordinance. In the case of conflict, the most restrictive
provisions shall govern. No land shall be used or occupied and no structure shall be erected, altered, used, or
occupied within the SHPD district from the date of enactment of this ordinance except as provided in this
ordinance.
3.
Location of district: The SHPD district shall apply to all land within 1500 feet of each side of the right-of-way
of a designated scenic highway.
4.
Findings and purposes: The town council finds that:
5.
A)
The protection of a scenic driving experience along selected scenic highways in the county is required
in the interest of fostering economic development, civic pride, outdoor recreational opportunities, and
the general welfare of the county's residents.
B)
The preservation of natural and scenic corridors along designated scenic highways will stabilize and
enhance the economic vitality of the town and will enhance property values in the town.
C)
The preservation of natural and scenic corridors will protect and enhance the town's attraction to
tourists, visitors, and new businesses.
D)
The preservation of scenic corridors will promote good urban design and enhance the economic vitality
of established commercial districts.
E)
The control of curb cuts along highways promotes safe and efficient traffic flow along those highways.
The purposes of the SHPD district therefore are:
1)
To protect and enhance the scenic beauty of Fort Mill and especially of land adjacent to
designated scenic highways by exercising such reasonable control over land uses within the
district to ensure that new development will not unnecessarily detract from the natural beauty of
designated scenic highways.
2)
To provide for safe and efficient traffic flow on designated scenic highways by preventing the
proliferation of curb cuts and turning traffic.
3)
To encourage development which is compatible with and enhances the natural beauty of
designated scenic highways and their corridors.
4)
To encourage economic activity that does not reduce the natural beauty of the county's open
lands.
5)
To protect scenic vistas from designated scenic highways.
6)
To encourage orderly and sensitive development as appropriate for scenic corridors.
7)
To ensure a safe and attractive driving experience and a pleasant view free of clutter and visual
blight along designated highways.
8)
To protect and perpetuate Fort Mill's natural and historic heritage and to make that heritage
available to the motoring public.
Prohibited uses: All uses permitted within the pre-existing (underlying) zoning district are permitted with the
following exceptions:
A)
Outdoor advertising displays are prohibited.
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6.
B)
Junkyards, dumps, and landfills are prohibited.
C)
Other uses as may be designated by the town council.
Signs: The following requirements shall apply to signs within the SHPD district:
A)
No more than one free-standing berm or monument sign of up to 100 square feet in area visible from
the designated scenic highway shall be permitted for each parcel. Such signs shall not exceed 15 feet in
height.
B)
Internal lighting of signs, neon, or flashing signs and building floodlighting shall not be permitted.
7.
Height limits: The height of buildings within the SHPD district shall be limited based upon the distance of the
building from the right-of-way. As the distance from the right-of-way increases, the height of buildings may
increase. Between 125 feet and 300 feet of the right-of-way, no building shall exceed 35 feet. Between 300
and 750 feet, no building shall exceed 60 feet. (Buildings must be set back 125 feet from the right-of-way.)
8.
Special exception required: No structure shall be erected or use commenced unless a conditional use for the
structure has been approved by the Fort Mill Planning and Zoning Commission, provided that:
9.
1)
A public hearing on the application shall be conducted, given 15 days notice of time and place;
2)
The application shall be accompanied by a site plan presented in accordance with the requirements of
Fort Mill Zoning Code; and the following additional requirements:
A)
The location of all improvements on the site plan shall be specifically indicated and no alteration
or movement of a proposed improvement in excess of ten feet shall be permitted without the
approval of the planning commission.
B)
The site plan shall delineate construction lines. The site plan shall indicate all building, parking,
and vehicular use areas, and all areas of proposed vegetation removal. Outside of the designated
construction line, the applicant shall leave undisturbed all areas of native vegetation including
trees, shrubs, and understory vegetation, except as undertaken in accordance with article IV.
C)
The site plan shall show the height of all proposed structures.
D)
The site plan shall show the location of the boundary of the SHPD district (1,500 feet from
highway right-of-way), the boundary of the SHPD district vegetative buffer (100 feet from
highway right-of-way), the boundary of the building set back line (125 feet from highway right-ofway), and the building height adjustment line (300 feet from highway right-of-way).
Development criteria: In addition to the regular development criteria prescribed for a given zoning district,
the following criteria shall apply for approval of a special exception for any proposed development within a
designated scenic highway planned development district. The planning commission shall only grant a special
exception for a use within the SHPD district if it makes the following findings:
A)
Utilities: All utilities within the SHPD district shall be located underground unless required by utilityrelated considerations to be otherwise located.
B)
Materials: Buildings shall be designed to use, to the greatest extent feasible, building materials such as
rock, stone, brick, and wood which are compatible with the scenic protection of the corridor. No
mirrored glass with a reflectance greater than 20 percent shall be permitted.
C)
Screening: All parking areas and retention basins shall use existing vegetation or installed landscaping
to screen pavement, vehicles, and retention facilities from a designated roadway and from neighboring
properties. This screening shall include dense massing of evergreen trees or shrubs, existing native
understory, or berms.
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10.
11.
12.
D)
Access: Vehicular access from any parcel to a designated roadway shall be limited to one driveway
unless the parcel is approved for development of a spectator sports facility; or a traffic analysis
demonstrates to the planning commission the need for an additional driveway due to potentially
hazardous traffic conditions, and the South Carolina Department of Highways and Public
Transportation agrees that an additional driveway is required.
E)
Vegetated buffer: A vegetated buffer shall be provided and maintained in accordance with the
provisions of article IV.
Vegetated buffer: No clearing of vegetation shall be permitted within 100 feet of the right-of-way of a
designated scenic highway except in accordance with the provisions of this section and in accordance with an
approved site plan. This requirement shall be reduced in cases where the vegetative buffer would exceed 40
percent of the acreage of a parcel or lot already in existence on the effective date of this ordinance, so that
the buffer requirement shall be reduced to the extent necessary in order that the buffer shall not exceed 40
percent of any parcel existing on the effective date of this ordinance. No clearing, destruction, or removal of
vegetation shall be permitted within this buffer area except in accordance with the following circumstances:
A)
In accordance with the waiver provisions of subsection 11.;
B)
As necessary to provide utilities or access to the site in accordance with an approved site plan.
C)
As part of selective tree removal carried out as part of a forest management program.
Waivers: An applicant presenting a site plan for approval may request in writing a waiver from one or more
of the requirements of this ordinance. Such a waiver may be granted by the planning and zoning commission
upon finding one of the following conditions:
A)
That a requirement of this ordinance would eliminate all economically reasonable use or development
of a parcel.
B)
That a requirement of this ordinance would serve no legitimate public purpose due to the peculiar
configuration, topography, location, or surrounding conditions of the parcel.
C)
The provision of this ordinance shall exempt and shall not prohibit the construction of a single-family
dwelling on a lot platted prior to the effective date of this ordinance. The planning and zoning
commission may approve any waiver to the minimum extent necessary to alleviate the need for the
waiver and should state the reasons for approving the waiver in writing. In addition, the zoning board
of appeals may grant a variance from the terms of the ordinance in accordance with the standards set
forth in article VII of the Fort Mill Zoning Ordinance.
Severability: If any portion of this ordinance shall be adjudged invalid, such adjudication shall apply only to
such portion so adjudged, and the remainder of this ordinance shall be deemed valid and effective.
Sec. 13. Resource conservation district.
1.
Intent: The resource conservation district is intended to be applied to the areas along watercourses and
important open spaces within the town's planning jurisdiction in order to:
A)
Preserve the water quality of the town's actual or potential water supply sources,
B)
To minimize danger to lives and properties from flooding in and near the floodways,
C)
To preserve the water-carrying capacity of the town's watercourses and to protect them from erosion
and sedimentation,
D)
To retain open spaces and greenways to protect their environmentally sensitive character,
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E)
To preserve urban wildlife and plant life habitats from the intrusions of urbanization,
F)
To provide air and noise buffers to ameliorate the effects of development,
G)
To preserve and maintain the aesthetic qualities and appearance of the town. In the interpretation and
application of this Article, all provisions shall be:
A)
Considered as minimum requirements,
B)
Strictly construed in favor of the public interest and community benefit,
C)
Deemed neither to limit nor repeal any other powers provided by town ordinance or state
statute.
2.
Definitions:
3.
Establishment of resource conservation district:
4.
A)
Resource conservation district elevation: A resource conservation district elevation is hereby
established, and defined to be that elevation two feet above the 100-year floodplain elevation, as said
100-year elevation is delineated in the official town floodplain maps.
B)
Resource conservation district—Established: The resource conservation district is hereby established as
a district which overlays other zoning districts established in article I, section 5. The resource
conservation district shall consist of the area bounded by the resource conservation district elevation
and the areas within buffer zones established as follows:
1)
Resource conservation district, open space: Areas designated to be utilized as public open space
can be included in the resource conservation district if the property is intended to further the
scenic, aesthetic, or recreational opportunity to the public.
2)
Other areas as designated by the town council.
C)
Reserved.
D)
Resource conservation district, interpretation: The board of appeals, upon recommendation of the
town manager, is authorized to adopt such guidelines and criteria for the interpretation and
application of this article, and to make such reasonable adjustments to the boundary of the resource
conservation district, as shall recognize the great potential for, and severity of, flooding conditions in
the resource conservation district, as well as the generally lower and flatter terrain of such district.
E)
Resource conservation district, overlay zoning: The use of any land or structure within the resource
conservation district shall comply with the use regulations applicable to the underlying zoning district.
Development in resource conservation district: No new development shall be permitted, nor shall any land be
disturbed (other than accessory land disturbing activities ordinarily associated with single-family or duplex
residential uses), within the resource conservation district except as permitted by article I, section 5 or
pursuant to a variance authorized by this article and approved by the board of appeals. The status of any
development existing or for which construction had substantially begun on or before the adoption of this
ordinance shall be considered irrespective of the provisions of this article, except as follows:
A)
Any development existing or for which construction has substantially begun on or before the adoption
of this ordinance that is damaged or destroyed to the extent of 50 percent or less of its assessed
taxable value due to casualty loss from fire, storm, flood or vandalism, may be rebuilt or replaced, if
otherwise permitted by law or ordinance, pursuant to any appropriate permit or approval;
B)
Any development existing or for which construction had substantially begun on or before the adoption
of this ordinance that is demolished, rehabilitated or renovated to the extent of 50 percent or more of
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its assessed taxable value, may be rehabilitated or renovated, if otherwise permitted by law or
ordinance, pursuant to any appropriate permit or approval; provided that the owner of such
development shall have the burden of demonstrating to the town manager, or such body as has
jurisdiction over the issuance of any appropriate permit or approval, that the entire development, as
renovate, replaced or rebuilt, will benefit the public by improving
5.
The development's provision of open spaces or greenways,
b)
Its effect on maintaining the water quality of the town's actual or potential water supply sources,
and
c)
Protection of persons and property from dangers caused by flooding. Notwithstanding the
foregoing provisions of this section, no development or land disturbance shall be permitted
within the floodway except to the minimum required by public necessity or by state or federal
law.
Permitted uses within resource conservation district:
A)
B)
6.
a)
Permitted uses: Subject to the use regulations for the underlying zoning district, the following uses shall
be permitted uses within the resource conservation district:
1)
Pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, and other similar
agricultural and related uses which do not require extensive land disturbing activities or fences,
2)
Ground level loading areas, parking areas, and other similar ground level area uses,
3)
Lawns, gardens, play areas and other similar uses,
4)
Golf courses, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding
trails, open space, and other similar public and private recreational uses that do not require
extensive use of fences or walls,
5)
Public utility and storm drainage facilities that are public necessities,
6)
Streets, bridges, and other similar public, community uses where there is no practical alternative
to their location within the resource conservation district. Permitted uses shall be subject to the
provisions of article I, section 7 and article II, section 1.
Site plan required: Any development or land disturbance permitted in the resource conservation
district (other than accessory land disturbing activities ordinarily associated with single-family or
duplex residential uses) shall be pursuant to a site plan approval or, as appropriate, pursuant to special
use or planned development approval.
Variance from board of appeals:
A)
An owner of property who alleges that the provisions of subsections 4. and 5. leave no legally
reasonable use of his property remaining may apply to the board of appeals for a variance. An
application for a variance shall be submitted to the town manager. The town manager shall prescribe
the forms on which such applications shall be made. The town manager may require any information in
connection with an application that is reasonably required to make a determination regarding the
application for a variance. No application shall be accepted by the town manager unless it is complete.
Applications which are not complete shall be returned promptly to the applicant, with a notation of the
deficiencies in the application. Upon receiving a complete application, the town manager shall make an
investigation of it and forward it within a reasonable period of time to the board of appeals, together
with his recommendation thereon, and an evaluation by appropriate town departments, including
planning and engineering, for the board's consideration.
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B)
The review of the board of appeals shall extend to the entire zoning lot within which the resource
conservation district lies. The board of appeals shall grant a variance, subject to the protections of this
article, if it finds that the provisions of subsections 4. and 5. leave an owner no legally reasonable use
of his property remaining, if such a variance is necessary or desirable in order to achieve fairness and
substantial justice to such an owner, and if a failure to grant the variance would result in extreme
hardship. In making such determination, the board of appeals shall consider the uses available to the
owner for the entire zoning lot within which the resource conservation district lies. The board of
appeals shall grant the minimum variance necessary to afford appropriate relief under this section. The
board may attach such reasonable conditions to the grant of a variance as it deems necessary to
achieve the purposes of this article.
C)
Variance, burden of proof: Any owner of property applying to the board of appeals for a variance from
the provisions of this article shall have the burden of establishing that such variance should be granted
by the board, except as such burden is altered by article II, section 13, subsection 6.E)4).
D)
Presumption of variance: If the resource conservation district overlays more than 75 percent of the
area of a zoning lot, the owner of that lot shall be presumed entitled to a variance, but such
presumption may be rebutted by substantial evidence before the board of appeals.
E)
Variance, reason not to grant: The board of appeals, before taking final action on an application for a
variance, shall refer such application to the planning board, appearance commission, and other town
boards or commissions as appropriate, for comment. The board shall not take final action on such an
application until it has received and considered such comments. The board of appeals shall not grant
any variance if it finds that such a variance would result in:
1)
Significantly increased flood heights,
2)
Significantly increased velocity of flow or deposit of sedimentation,
3)
Significantly increased erosion,
4)
Significant additional threats to public safety,
5)
Significant threats to water quality,
6)
The removal of significant urban wildlife habitat,
7)
Extraordinary public expense, public nuisance, or would conflict with the provisions of any other
law or ordinance.
F)
Fraudulent subdivision: The board of appeals may refuse to grant any variance if it finds that the owner
of a lot, or any predecessor in interest, has subdivided such lot in an attempt to avoid or evade the
provisions of intent of this article.
G)
Reserved.
H)
Variances, reasons for: In passing on application of variances pursuant to this article, the board of
appeals shall consider all technical evaluations, all relevant factors, other provisions of statute or
ordinance, and:
1)
The danger to life and property due to flooding, sedimentation, and/or erosion damage at the
site;
2)
The danger that structures or materials may be swept onto other lands to the injury of others;
3)
The danger to life and property from flood waters back up or diverted by any obstruction or by
debris collected by the obstruction;
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4)
The susceptibility of the proposed development and its contents to flood damage and the effect
of such damage on the individual owner;
5)
The importance of the services provided by the proposed development to the community;
6)
The necessity to the facility of a waterfront location, where applicable;
7)
The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
8)
The compatibility of the proposed use with existing and anticipated development;
9)
The relationship of the proposed use to the comprehensive plan and any flood plain
management program for that area;
10)
The safety of access to the property in time of flood for ordinary and emergency vehicles;
11)
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters
expected at the site;
12)
The effects of the proposed development on the heights, velocity, duration, and rate of rise of
the flood waters upstream and downstream of the proposed site;
13)
The costs of maintaining or restoring public services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
Sec. 14. Transitional commercial district.
1.
Purpose of district: It is the intent of this section that the transitional commercial (TC) zoning district be
developed and reserved primarily for areas which will provide for transitional zones between residential and
commercial areas. They will often be placed along major traffic arteries which are in transition from
residential to commercial uses. The district will accommodate single-family residential uses, light commercial
uses, and office and professional uses.
2.
Permitted uses: See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the TC
Zoning District.The following uses shall be permitted in any TC zoning district:
A)
Antiques store,
B)
Bank, savings and loan association, personal loan agency, credit union, branched, and automated teller
machines,
C)
Barber shop, beauty shop, manicure salon or combination thereof,
D)
Book, magazine, or newspaper shop,
E)
Day care for children or adults,
F)
Drug store or pharmacy,
G)
Dwelling, single-family, not to include mobile homes,
H)
Dwelling, group,
I)
Florist shop,
J)
Gift or curio shop,
K)
Insurance agency,
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L)
Medical, dental, or chiropractic office, or clinic,
M)
Office for governmental, business, professional, or general purpose,
N)
Parks and greenways,
O)
Photographic studio,
P)
Real estate agency,
QA) Accessory uses in compliance with the provisions of article I, section 7, subsection G.
3.
Conditional uses: The following uses shall be permitted in any TC district on a conditional basis:
A)
4.
Public utility substation or subinstallation including water towers; provided, that:
1)
Such use shall be enclosed by a painted or chainlink fence or wall at least six feet in height above
finish grade,
2)
There shall be no storage of vehicles or equipment on the premises, and
3)
A landscaped strip not less than five feet in width shall be planted and suitably maintained.
B)
Bakery, provided that goods baked on the premises shall be sold only at retail on the premises.
C)
Dry cleaning or laundry pick-up agency, provided that:
1)
Any laundering, cleaning or pressing done on the premises shall involve only articles delivered to
the premises by individual customers, and
2)
No applicable fire zone regulation shall be violated.
Other requirements: Unless otherwise specified elsewhere in this ordinance, uses permitted in the TC zoning
district shall be required to conform to the following standards:
A)
Minimum lot area—10,000 square feet.
B)
Minimum lot width, measured at the building line—75 feet.
C)
Minimum front yard depth measured from the nearest street right-of-way—20 feet.
D)
Minimum side yard—Principal structure—Ten feet, accessory uses—Five feet.
E)
Minimum rear yard—Principal structure—15 feet, accessory uses—Five feet.
F)
Maximum building height—40 feet.
G)
Maximum building size in the TC district is 7,500 square feet of building space on a parcel.
H)
Office or commercial uses adjacent to conforming residential uses shall provide an appropriate
landscaped buffer not less than five feet in width along property lines adjacent to the residential uses.
I)
Additional requirements: Uses permitted in the TC zoning district shall meet all standards set forth in
article I, section 7, subsection I. pertaining to off-street parking, loading, and other requirements.
J)
Signs—Signs permitted in the TC zoning district, including the conditions under which they must be
located, are set forth in article III.
Sec. 15. ReservedDC Downtown Core District.
Editor's note(s)—Ord. No. 2012-06, § II, adopted August 23, 2012, repealed § 15, which pertained to limited
industrial district. See Code Comparative Table for complete derivation.
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1.
Purpose of district. The purpose of the Downtown Core (DC) District is to protect the traditional, small
town character of Fort Mill and enhance a pedestrian oriented environment. The district accommodates a
mix of retail stores, offices, entertainment, religious activities, governmental uses, public spaces,
residential uses and related activities that are mutually supporting and serve the needs of the community.
The district encourages a lively social environment and economically viable downtown with a wide variety
of uses in a pedestrian oriented and unified setting. The district guidelines are intended to improve and
maintain the design, character and quality of new development and redevelopment of the Historic District
and surrounding areas, within a 10-minute walk of the Historic District.in accordance with the Downtown
Master Plan.
2.
Permitted uses. Uses in the DC Zoning District will follow the Table of Permitted Uses (TOPU) in Article II.
Any use proposed by an applicant that is not listed in the TOPU and considered by the town council as
compatible with the surrounding area, may be permitted within the project area upon approval by the
town council.
3.
Development standards.
a.
Minimum Lot Size and Width: None.
b.
Minimum Setbacks:
i. Minimum Front Yard: See Figure II.47 in the Downtown Master Plan for front setback
requirements. The Planning Director shall determine if the proposed building setback
meets the Plan’s intention to promote a cohesive streetscape and vibrant public realm.
Off-street parking is not permitted within the front yard.
ii. Minimum Side Yard: No side yard required, except where abutting single-family
residential zoning, where it shall be a minimum of 10 feet. Parking facilities, roads and
driveways shall be set back a minimum of 10 feet from any property line or right-of-way.
iii. Minimum Rear Yard: No rear yard required, except where abutting single-family
residential zoning, where it shall be a minimum of 10 feet. Parking facilities, roads and
driveways shall be set back a minimum of 10 feet from any property line or right-of-way.
c.
Maximum Height: The maximum height permitted within the DC District shall be 4 stories, with
select areas limited to 3 stories, as provided by the Downtown Master Plan. The Planning
Director shall determine if proposed building height meets the intent of the character districts
described in the Plan.
i. For multi-family, mixed use, and commercial buildings, the first floor shall have a
minimum floor-to-floor height of 14 feet.
ii. Basements with a height of less than 6 feet—measured from the average grade of the
fronting sidewalk—are not considered stories and are excluded from the overall building
height calculation.
d.
Building Orientation: All commercial buildings shall be oriented toward the primary public street
and have one direct access point on the street facade.
i. Buildings located on a corner should include one of the following architectural features:
1.
Two entrances, one primary and one secondary, located on each frontage
2.
An architecturally prominent corner entry with vertical emphasis through
building height or architectural elements such as porches or colonnades.
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e.
Transparency: All buildings with ground floor commercial uses in the DC District shall have 70%
transparency. The transparency calculation is based on a calculation of window and door area of
all facades facing a public street; windows and storefront must be a minimum of 9 feet tall.
Spandrel glass (or similar) shall not contribute to minimum transparency requirements.
f.
Parking: Off-street parking may be provided behind, to the side, or beneath primary structures.
Off-street parking is not permitted within the front yard, so as to minimize visibility from public
rights-of-way. This requirement may be waived by the Planning Director if site conditions exist
that make rear and side locations impractical for off-street parking facilities.
i. Off-street parking facilities shall provide no more than the maximum quantity of spaces
described by Figure II.55 in the Downtown Master Plan. The Planning Director shall
determine the corresponding regulations based on overlay and character district
boundaries.
g.
Buffering: Properties within the DC District must incorporate an opaque wall or fence and
landscape plantings as a buffer between non-residential and single-family uses.
i.
h.
Stormwater and Sediment Control: All new developments shall comply with the Stormwater
Management and Sediment Control regulations outlined in Chapter 16, Article III of the Code of
Ordinances. The use of low impact design methods, such as cisterns, rain gardens, green roofs,
pervious and permeable surfaces, bioswales, media filters and other alternative methods for
conserving and / or managing stormwater runoff is encouraged.
i.
Open Space: New developments must provide the minimum open space percentage set by the
Downtown Master Plan, using one or a combination of the permitted types listed. The Planning
Director shall determine if proposed open spaces meet the intent of the Downtown Master Plan
and its character districts.
j.
Lighting: Ensure sidewalks, passages, and open spaces are illuminated by pedestrian-scaled
fixtures and carefully integrated building lighting. Pole and fixture designs should harmonize with
existing context, including those that incorporate banners or hanging elements. Shatter-proof
festoon lights may be used to accentuate active areas.
k.
Materials: Modular masonry unit material (brick, architectural block, fiber cement board) or
wood / synthetic wood should be used for multi-family, mixed use, and commercial buildings.
Decorative metal and synthetic stucco may be used as accenting materials, not to exceed 25% of
any facade. Other proposed materials must be approved by the Appearance Review Board.
i. When multiple primary exterior finishing materials are used on one facade, the heavier
material must be placed below the lighter one.
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l.
Sidewalks: Where a building faces a public street, sidewalks must be provided to the minimum
width described by the street sections and designations in the Downtown Master Plan. The
Planning Director shall determine if proposed sidewalks and walkways meet the intention of the
Plan to create safe and convenient connections across downtown.
m. Bicycle Racks: all new civic and institutional, commercial buildings, and multi-family residential
buildings must have a bike rack to accommodate a minimum of 3 bicycles per 5,000 SF of gross
floor area.
4.
Appearance Review.
a.
Appearance Review Required: Appearance review shall be required for all proposed
developments located within the DC District.
i. Prior to the issuance of any permit for new exterior construction or addition which adds
square footage – excluding minor repairs, restoration, or temporary structures – within
the DC District, the proposed development shall first be reviewed and approved by the
Appearance Review Committee.
1.
The procedure for the appearance review shall be the same as outline in Article
V, Sections 1-4. All residential and commercial developments shall be subject to
the same appearance review process.
2.
The standards for appearance review shall be the same as outlined in Article V,
Section 5. Proposed developments in the DC District shall be expected to
incorporate a higher degree of architectural design and quality building
materials. The Appearance Review Committee may approve alternate
materials, on a case-by-case basis, provided such materials do not detract from
the overall quality and aesthetic of new and existing developments.
Sec. 16. TC Transitional commercial district.
1.
Purpose of district. It is the intent of this section that the TC zoning district be developed and reserved
primarily for areas which will provide for transitional zones between residential and commercial areas. They
will often be placed along major traffic arteries which are in transition form residential to commercial uses.
The district will accommodate single-family residential uses, light commercial uses, and office and
professional uses.
2.
Permitted uses. See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the TC
Zoning District.The following uses shall be permitted in any TC zoning district:
a.
Antique store.
b.
Bank, savings and loan association, personal loan agency, credit union, branched, and automated teller
machines.
c.
Barber shop, beauty shop, manicure salon or combination thereof.
d.
Book, magazine, newspaper shop.
e.
Day care for children or adults.
f.
Drug store or pharmacy.
g.
Dwelling, single-family, not to include mobile homes.
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3.
h.
Dwelling, group.
i.
Florist shop.
j.
Gift or curio shop.
k.
Insurance agency.
l.
Medical, dental, or chiropractic office, or clinic.
m.
Office for governmental, business, professional, or general purpose.
n.
Parks and greenways.
o.
Photographic studio.
p.
Real estate agency.
qa.
Accessory uses in compliance with the provisions of article I, section 7, subsection G.
Conditional uses. The following uses shall be permitted in any TC District on a conditional basis:
a.
4.
Public utility substation or subinstallation including water towers; provided, that:
(1)
Such use shall be enclosed by a painted or chainlink fence or wall at least six feet in height above
finish grade,
(2)
There shall be no storage of vehicles or equipment on the premises, and
(3)
A landscaped strip not less than five feet in width shall be planted and suitably maintained.
b.
Bakery, provided that goods baked on the premises shall be sold only at retail on the premises.
c.
Dry cleaning or laundry pick-up agency, provided that:
(1)
Any laundering, cleaning or pressing done on the premises shall involve only articles delivered to
the premises by individual customers, and
(2)
No applicable fire zone regulation shall be violated.
Other requirements. Unless otherwise specified elsewhere in this ordinance, uses permitted in the TC zoning
district shall be required to conform to the following standards:
a.
Minimum lot area—10,000 square feet.
b.
Minimum lot width, measured at the building line—75 feet.
c.
Minimum front yard depth measured from the nearest street right of way—20 feet.
d.
Minimum side yard—Principal structure—Ten feet.
Accessory uses—Five feet.
e.
Minimum rear yard—Principal structure—15 feet.
Accessory uses—Five feet.
f.
Maximum building height—40 feet.
g.
Maximum building size in the TC district is 7,500 square feet of building space on a parcel.
h.
Office or commercial uses adjacent to conforming residential uses shall provide an appropriate
landscaped buffer not less than five feet in width along property lines adjacent to the residential uses.
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i.
Additional requirements: Uses permitted in the TC zoning districts shall meet all standards set forth in
article I, section 7, subsection I. pertaining to off-street parking, loading and other requirements.
j.
Signs—Signs permitted in the TC zoning district, including the conditions under which they must be
located, are set forth in article III.
(Ord. No. 00-02, 4-10-00)
Sec. 17. LI Limited industrial district.
1.
Purpose of district. It is the intent of this section that the LI zoning district be developed and reserved for
limited industrial purposes. The district is designed to promote the economic development of the area by
providing for location of light industrial, distribution, and commercial uses which do not create nuisance by
noise or emissions beyond the premises. The district is intended to protect nearby residential areas from
undesirable aspects of industrial development.
2.
Permitted uses. See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the LI Zoning
District.The following uses shall be permitted in any LI zoning district:
a.
Armories for meetings and training of government military organizations
b.
Automotive repair garages
c.
Automotive sales
d.
Automotive service stations and convenience stores
e.
Automotive washing establishment
f.
Auto, truck, and utility trailer rental
g.
Bakery, wholesale and retail
h.
Boat and ship sales and retail
i.
Building materials sales, wholesale and retail
j.
Cabinet shop
k.
Catalog and mail order house
l.
Clinics, medical, dental, and optical
m.
Commercial recreation use, excluding outdoor shooting ranges
n.
Commercial trade or vocational school
o.
Contractor office and accessory storage
p.
Distributive business
q.
Dry cleaning and laundry established
r.
Fence and fence material dealer
s.
Government building and use
t.
Horticultural nursery and greenhouse
u.
Laboratory for applied and basic research and testing of products
v.
Mini warehouse
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3.
4.
w.
Office
x.
Parks and greenways
y.
Printing, publishing, and engraving establishment
z.
Public utility use, including utility substation and water tower
aa.
Recycling center for household articles
bb.
Sign manufacturing
cc.
Veterinary clinics and animal boarding
dd.
Warehouses within an enclosed building
ee.
Wholesale sales establishment
ffa.
Accessory uses in compliance with the provisions of article I, section 7, subsection G.
Conditional uses. The following uses shall be permitted in any LI district on a conditional basis:
a.
Commercial recreation use, excluding outdoor shooting ranges
b.
Light manufacturing, industry, processing, assembly and storage, provided that:
1)
The use is compatible with light industrial character of the district
2)
No outside storage of junk or salvage materials is permitted
3)
The use does not create noise, smoke, fumes, odors, glare, or health or safety hazards outside
the building or lot where the activity takes place
4)
Adequate parking is provided for employees and visitors
5)
The maximum building size for light industrial uses is 25,000 square feet of building space on a
parcel
Other requirements.
a.
Unless otherwise specified elsewhere in the ordinance, uses permitted in the LI zoning district shall not
be required to conform to additional requirements.
b.
A suitable buffer screen, wall, or fence, six feet in height, to restrict visibility of land use, shall be
provided along property lines adjacent to residential districts.
c.
Illumination devices shall be so placed and so shielded that rays therefrom will not be directly cast into
any residential district, sleeping room in any district, or the eyes of vehicle drivers.
(Ord. No. 00-02, 4-10-00)
Sec. 18. R-12 One-family residential district.
1.
Purpose of district: It is the intent of the section that the R-12 one-family zoning district be developed and
reserved for low-to-medium density residential purposes. The regulations which apply within this district are
designed to encourage the formation and continuance of a stable, healthy environment for one-family
dwellings situated on zoning lots having an area of ten thousand square feet or more, and to discourage any
encroachment by commercial, industrial, or other uses capable of adversely affecting the residential
character of the district.
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2.
Permitted uses: See the Table of Permitted Uses (Article II, Section 30) for uses permitted within the R-12
Zoning District.The following uses shall be permitted in any R-12 zoning district: All permitted uses as shown
in article II, section 1, subsection 2.
3.
Conditional uses: The following uses shall be permitted in any R-12 zoning district on a conditional basis:
A)
All conditional uses as shown in article II, section 1, subsection 3.
B)
Daycare facilities or pre-school nursery, provided that plans for such facilities receive the written
approval of the South Carolina Department of Social Services and the Fort Mill Planning and Zoning
Commission.
4.
More restrictive use requirements: The requirements of article II, section 1, subsection 4. shall apply.
5.
Other requirements: Unless otherwise specified elsewhere in this ordinance, uses permitted in R-12 districts
shall be required to conform to the following standards:
A)
Minimum lot area: R-12—12,500 square feet:
B)
Minimum land area per dwelling unit: R-12—12,500 square feet
C)
Minimum lot width measured at the building line: R-12—100 feet
D)
Minimum front yard depth measured from the nearest street right-of-way line: R12—35 feet. For
exceptions to this requirement, See article I, section 7, subsection E.
E)
Minimum side yard: R-12—Principal structure is ten feet with accessory uses being five feet. For side
yard requirements pertaining to corner lots, see article I, section 7, subsection C.
F)
Minimum rear yard: R-12—Principal structure is 35 feet with accessory uses being five feet. For rear
yard requirements pertaining to double frontage lots, see article I, section 7, subsection D.
G)
Maximum building height: R-12—35 feet. For exceptions to height regulations, see article I, section 7,
subsection L.
H)
Additional requirements: Uses permitted in R-12 zoning districts shall meet all standards set forth in
article I, section 7, subsection I., pertaining to off-street parking, loading, and other requirements.
I)
Signs: Signs permitted in R-12 zoning districts, including the conditions under which they may be
located, are set forth in article III.
(Ord. No. 03-04, 2-10-03)
Sec. 19. MXU Mixed use development district.
1.
Purpose of district. The purpose of the mixed use development (MXU) district is to encourage flexibility in the
development of land in order to promote its most appropriate use; to improve the design, character and
quality of new development; to facilitate the provision of infrastructure; and to preserve the natural and
scenic features of open areas. This district is intended for the appropriate integration of a wide range of
residential and non-residential uses. The district is intended for use in connection with developments where
the town has determined that the quality of a proposed new development there under will be enhanced by
flexibility in the planning process.
2.
Permitted uses. Any use proposed by an applicant, and considered by the town council as compatible with
the surrounding area, may be permitted within the project area upon approval by the town council.
Thereafter, the uses (principal and accessory) permitted within the project area will be restricted to those
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agreed upon by the applicant and the town council and included in the approved development conditions
(see section 5.D.3).
The mixture of permitted uses and the relationship between uses shall be determined by the applicant in
accordance with the development standards set forth in this section or in an applicable development agreement
between the town and the applicant. Where the project area consists of multiple contiguous parcels, the applicant
may assign one use to a single parcel provided:
• The overall project area accommodates two or more uses;
• The applicant can demonstrate that the combination of the surrounding uses and the proposed uses
create the mixture of uses suitable for the area and market conditions; and
• The area defined as mixed-use is well connected by vehicular and pedestrian accessways reinforcing the
interrelationship between existing and proposed uses.
Note: For the purposes of this district, parcels shall be considered "contiguous" if they meet one or more of the
following conditions: (1) they are located adjacent to one another, (2) they are separated only by a public right-ofway across which clearly defined safe pedestrian connections such as crosswalks, signalized intersections, or any
other pedestrian facilities are provided or will be provided for pedestrian traffic, and/or (3) they lie within onefourth-mile or less of each other along the same roadway (measured property line to property line) and provide
clearly defined, safe pedestrian connections such as:
1.
Crosswalks,
2.
Signalized intersections, or
3.
Other pedestrian facilities.
Accessory structures are permitted on all lots. Any accessory structure may be used for any use permitted in the
project area provided such use is compatible with and subordinate to the use of the principal structure. No
accessory use or structure shall be constructed before the principal use is constructed; however, residential
accessory structures may be constructed up to six months prior to commencement of construction of the principal
structure. All principal and accessory structures occupying the same lot shall be in single ownership. The following
are permitted:
A.
Residential accessory uses. The following are permitted as accessory uses and or structures for
residential areas provided that such separate structures should be clearly subordinate to the principal
structure in size and location on the lot. They shall have a floor area no greater than 50 percent of the
principal structure, shall not be served by a driveway separate from that serving the principal structure
(excluding alley access), and shall be no taller than the principal structure as measured from average
finished grade of the principal structure. If this accessory structure is connected to or in addition to
another accessory use or structure on the same lot (i.e. detached garage), the combined floor area
shall be no greater than 75 percent of the principal structure.
1.
Garages.
2.
For-rent apartments, guest houses and employee quarters. One accessory dwelling unit per lot is
permitted as an accessory apartment, which may be occupied by individuals renting the unit
from the owner of the primary residence, employees of the owner and occupant of the primary
residence (i.e., domestic help, security, etc.), or occasional guests of the occupant of the primary
residence.
3.
Customary home occupations.
a.
A portion of the principal structure or separate structure on the same lot may be used only
by the owner and occupant of the primary residence (or a member of the family dwelling in
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the primary residence) for a home occupation. The home occupation must be clearly
incidental to the residential use of the principal structure and must not change the
essential residential character of the dwelling. Use of a portion of the principal structure
for this purpose must be limited to 25 percent of the principal structure, and no outside
storage may be used in connection with the home occupation.
3.
b.
If a separate structure on the same lot is used for a home occupation, no portion of the
principal structure may be used for a home occupation.
c.
No chemical, mechanical or electrical equipment that is not normally a part of domestic or
household equipment may be used primarily for commercial purposes, with the exception
of medical, dental, and office equipment used for professional purposes. Machinery that
causes noises or other interference in radio or television reception is prohibited. No
internal or external alterations inconsistent with the residential character of the building
will be permitted. No display of products may be visible from the street and only articles
made on the premises may be sold on the premises. The maximum number of vehicles that
may be parked (on- or off-street parking) by clients, patrons, or business-related visitors to
any home occupation shall be limited to three at any given time.
d.
No external evidence of the conduct of the home occupation, including commercial signs,
shall be visible. The home occupation shall not generate traffic volumes or parking area
needs greater than would normally be expected in the residential neighborhood. No
equipment or process shall be employed that will cause noise, vibration, odor, glare, or
electrical or communication interference detectable to the normal senses off the lot in the
case of detached dwelling units, or outside the dwelling unit in the case of attached
dwelling units.
B.
Commercial accessory uses. Commercial uses may include as accessory uses any commercial use,
activity, and structure on the same site of lot that is operated primarily for the convenience of
employees, clients, or customers of the principal use; It is located and operated as an integral part of
the principal use and does not comprise a separate business use or activity.
C.
Model homes/sales offices. Model homes may be constructed within residential areas at the
developer's discretion. Mobile temporary sales offices shall be allowed on site at the developer's
discretion. Model homes with offices or mobile temporary sales offices and mobile temporary
construction offices are limited to one per every 50 units in the master plan for the development.
General provisions.
A.
Relationship to the zoning ordinance. Each proposal for development under the MXU district is
anticipated to be unique. Except as provided by this section, an MXU district shall be subject to all of
the applicable standards, procedures, and regulations in other sections of the zoning ordinance. The
development conditions submitted as part of the zoning application (see section 5.D.3) shall supersede
these regulations if in conflict therewith, unless otherwise prohibited by law and shall be vested per
the zoning ordinance in effect at the time of approval and Section 6-29-1560 of the South Carolina
Code of Laws.
B.
Platting requirements. Platting requirements will be in accordance with article II, plat requirements, of
chapter 32, subdivisions, of the Town of Fort Mill Municipal Ordinance.
C.
Bonding requirements. Bonding requirements will be in accordance with section 32.104, surety bond,
article IV, required improvements, of chapter 32, subdivisions, of the Town of Fort Mill Municipal
Ordinance.
D.
Private covenants and restrictions required.
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135
E.
4.
1.
Covenants and restrictions for the property within an MXU district are required and must be
recorded with the office of the county clerk of court prior to the approval of a plat or issuance of
a building permit for a vertical building on the property. These restrictions will run with the land,
so that if it is subdivided or developed in phases, then the covenants and restrictions shall still be
enforced.
2.
Covenants and restrictions shall:
a.
Be based on the conditions attached to the approved MXU district application;
b.
Subject each owner or person taking title to land located within the development to the
terms and conditions of the covenants and restrictions as well as any other applicable
regulations;
c.
Establish a Property Owners Association (POA) with mandatory membership for each
owner or person taking title to land located within the development, and require the
collection of assessments from owners in an amount sufficient to pay for its functions;
d.
Provide for the ownership, development, management, and maintenance of any private
open space, private community parking facilities, private community meeting spaces, or
other common areas;
Design guidelines. Design guidelines that are developed by the applicant specifically for the
development are not required; however, should such guidelines be developed, they shall not be in
conflict with the regulations set forth in the applicable codes or the conditions or development
agreement attached to the approved MXU district application. If developed, they shall ensure
consistent character/theme throughout the development by addressing key elements such as building
form and orientation, landscape, signage and site furnishings to guide the development for the life of
the project. For properties that include a residential component, a private Design Review Board shall
be established and operated by the POA to review proposed development for compliance with the
guidelines prior to a builder, contractor or property owner submitting plans to the municipality for a
building permit. For initial construction, this design review board may be composed of members
appointed by the project developer(s), with membership transferring to representatives of the POA in
accordance with the approved rules and agreements of the POA.
Development standards.
A.
Dimensional requirements for lots.
Development Types
Residential
Cottage
Estate
Townhouse/Rowhouse
Multifamily
Commercial/Office
Mixed Use/Single Use
Lot Area (min.
ft.)
Lot Width
(min. ft.)
Front
Yard
(min.
ft.)
Side
Yard
(min.
ft.)
Rear
Yard
(min.
ft.)
Height
(max.)
Impervious
Area
(max.)
2,4004,000
7,200
3035/509
90
5
10
101
101
45 35
45
80%
80%
1,1001,750/unit
1,100/unit
1416/unit7
15/unit5
510/209
5
10/208
0/52
0/52
0/53
0/53
101
101
35/454
604
90%
100%
0
20
0/52
0/53
101
604
/NA5
100%
Civic/Institutional
Created: 2022-06-14 15:53:56 [EST]
(Supp. No. 6)
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136
All structures
0
30
0/52
0/53
101
604
/NA5
100%
Industrial
All structures
20,000
100
15
20
30
604
75%
Notes:
1
The required rear yard depth shall be reduced to five feet when abutting an alley or dedicated open space.
Appurtenances shall be allowed to extend into required rear yard as provided in section B, "appurtenances in
required yards", below.
2
Buildings may provide a front yard of zero (building drawn up to sidewalk), otherwise, the minimum yard
depth shall be five feet to provide adequate space for landscaping, a courtyard, or other amenity area.
Appurtenances shall be allowed to extend into required front yard as provided in section B, "appurtenances in
required yards", below.
3
A side yard of five feet must be used when the adjoining property is occupied by a detached residential unit.
In all other situations, a side yard of zero may be used. However, if a yard is provided, the minimum depth shall be
5 feet to provide access between buildings. Appurtenances shall be allowed to extend into required side yard as
provided in section B, "appurtenances in required yards", below.
4
Height is limited to 35 feet except in areas of transition between commercial and residential where height
may be 45 feet. Height may be above the maximum height indicated, provided all portions of the structure
exceeding the height limit indicated shall be stepped back an additional one foot from the adjoining property line
for each additional foot in excess.
5
The maximum height requirement shall not apply to commercial, office, civic or institutional structures
erected on any parcel which lies wholly or in part within 1,500 linear feet of the outer edge of the Interstate 77
right-of-way.
6
In order provide increased design flexibility for multifamily projects, the lot width requirement shall only
apply to the first five units. The minimum lot width required for a multifamily project with more than five units is
75 feet.
7
At least 80% of units shall adhere to a minimum lot width of 20 feet.
8
For townhomes the minimum front setback shall be twenty (20) feet if front-loaded. For rear-loaded
townhome lots front setbacks must be a minimum of ten (10) feet.
9
Cottage homes must be alley-loaded to have a 35 foot lot width and 10 foot front setback otherwise lot
width minimum is 50 foot and front setback is 20 feet.
B.
Appurtenances in required yards.
1.
Steps that provide direct access to the entrance of a principal structure may extend 100 percent
into a required front yard to the property (right-of-way) line.
2.
Balconies and awnings may extend up to 50 percent into a required front, side, or rear yard,
provided a minimum vertical clearance of nine feet measured from the finished grade is
maintained.
3.
Other appurtenances, such as a stoop, open porch, or bay window may extend up to five feet
into the required front yard, provided such features do not impede pedestrian circulation or
extend more than 25 percent into the required yard. Such appurtenances may extend up to 25
percent into a required side or rear yard.
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137
4.
C.
Carports erected as stand alone structures or attached to the principal structure shall not be
considered an appurtenance. Such carports shall be located at least 15 feet behind the front
thermal wall of the principal structure and shall adhere to all other setback requirements for
accessory structures.
General lot development standards.
1.
Lots that have frontage on more than one street shall only have one front setback. The primary
street right-of-way from which the front setback is measured shall be determined when the
building location and orientation is established.
2.
Lots do not have to front on a public street as long as sufficient emergency access is provided, as
determined by the fire marshall, and access to the lot is provided.
D.
Building height. Building heights shall be measured as the vertical distance measured from the point
along the building foundation equal to the average finished grade (exterior, around the foundation) to
the midpoint point of the roof structure, excluding the following: chimneys, steeples, flagpoles, public
utility poles and lines, skylights, and roof structures for elevators, stairways, tanks, heating, ventilation
and air-conditioning equipment, or similar equipment for the operation and maintenance of a building,
and any device used to screen such structures and equipment, water tanks or similar structures.
E.
Sidewalks. Sidewalks shall adhere to the standards set forth in section 32-108 of the ordinance, except
as otherwise provided below.
F.
1.
Minimum width: Five feet. On blocks intended for predominately commercial development,
additional sidewalk width may be required to accommodate street furniture, outdoor seating
areas, or other obstructions to pedestrian mobility. In no case may the minimum passable area of
a sidewalk be less than four feet in width (this accommodates a wheelchair and one pedestrian).
2.
At minimum sidewalks are required on one side of the street. The reduction or deletion of
sidewalks along any roads may be approved administratively by the town.
3.
If sidewalks are to be maintained by the town, the sidewalks must be constructed within the
rights-of-way of public streets or within public easements, and/or public or private utility
easements with approval of the agency holding the easement.
4.
If sidewalks are not located within rights-of-way, then adequate easement of a minimum of five
feet in width adjacent to the rights-of-way of new streets shall be reserved to allow for sidewalks
on all public streets should the town have a future need for such sidewalks. The zoning
administrator may waive this requirement if, upon review of the plan of development, the
administrator makes a determination that adequate pedestrian circulation is pr
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