(6)   Further provided, however, that for those properties designated as “Areas of Purview” within the Commercial Design Review Overlay District that abut passive areas, where existing vegetation may be present that will not be removed in the future, such as wetlands, easements, ponds, highways, roads and the like, the quantity of bufferyard plantings shall be determined during the Design Review Process. The minimum bufferyard width shall remain as specified in the Table of Bufferyard Requirements and shall not be reduced.

 

 

         (b)    Additional landscaping, irrigation and/or pedestrian trails must be approved by the Department of Planning, Land Use and Neighborhoods. Any plantings allowed or required within this buffer shall be native species. This buffer is intended to appear as a wooded strip and, thus, it shall be mulched and turf shall be prohibited.

         (e)   Clearing limits shall be staked out in the field in a manner approved by Department of Planning, Land Use and Neighborhoods staff prior to, and remaining through, construction activities.

         (c)    Vision corridors may be established through the critical line buffer in accordance with the following provisions:

            1.   The vision corridor may be established on properties where allowed and a critical line buffer has been provided. The effect of this should be a vertical corridor cut through the buffer, allowing a view through the critical line buffer.

            2.   The vision corridor must not exceed more than 1/3 of the square footage of the total critical line buffer area subject to the following provisions apply:

               a.   This area generally shall be formed by two near perpendicular lines connecting the critical line to the inland critical line buffer line;

               b.   The 33% vision corridor shall be one single uniform unbroken portion, except where it may be broken into increments no less than 25 feet in width; and

               c.   The vision corridor may be established on an adjoining property, provided the owner gives written consent.

            3.   Within the vision corridor, trees of a protected size for the lot shall not be removed. Smaller trees may be pruned or cut with hand tools, but the stump must remain in place. Grasses, shrubs and other smaller vegetation may be appropriately pruned and trimmed, but not removed at the root. No heavy equipment or herbicides are to be utilized in this area. The intent of this division is to ensure that the root mass remains intact to stabilize the ground surface preventing soil erosion.

            1.   Critical line buffers initially established by these provisions shall continue subject to the following provisions:

               a.   Those located between the Cooper River Bridge and the Ben Sawyer Bridge shall be a minimum width of 15 feet.

               b.   Those located between the Cooper River Bridge eastward up the Wando River, and from the Ben Sawyer Bridge northward along the Intracoastal Waterway shall be an average of 35 feet in width with a minimum width of 20 feet.

               c.   The following are exceptions to these requirements:

                  (i)   Lots of record and final plats approved prior to September 12, 2000, including a resurvey of an existing lot and any subsequent changes to the existing boundaries, provided no additional lots are created;

                  (ii)   Valid approved preliminary plats as of September 12, 2000; or

                  (iii)   Valid approved sketch plans adopted prior to the date of this section (September 12, 2000) shall be exempt for a period of two years from the date of approval of the sketch plan by the town. Subsequent preliminary plats must accurately reflect the sketch plan; otherwise, compliance with this division will be required.

               a.   Those established under 1.c.i., ii. and iii. herein above.

               b.   Lots of record and final plats approved prior to November 13, 2018, including a resurvey of an existing lot and any subsequent changes to the existing boundaries, provided no additional lots are created;

               c.   Valid approved preliminary plats as of November 13, 2018; or

               d.   Valid approved sketch plans adopted prior to the date of this section (November 13, 2018) shall be exempt for a period of two years from the date of approval of the sketch plan by the town. Subsequent preliminary plats must accurately reflect the sketch plan; otherwise, compliance with this division will be required.

            3.   Fences, vertical retaining walls and like-mannered structures are also allowed within the critical line buffer; provided that the maximum horizontal distance of any above-grade component shall not exceed 12 inches in width.

            1.   The boundaries of the critical line buffer shall be clearly delineated and identified on all development plans and plats submitted for approval. While vision corridors are not required to be established at the time of the final plat, there shall be a reference note on the final plat indicating the establishment of these corridors is necessary prior to the release of a building permit.

            2.   Once a building permit application is submitted, the vision corridor shall be delineated as an easement or deed restriction of the property on which it is located to act as a record of its establishment. The distances from rear and side property lines must be shown.

            3.   Subsequent changes to an established buffer or vision corridor must be re-approved and re-recorded, with restoration required for any previously disturbed bufferyard area, if necessary.

         (h)    Critical areas by their very nature are dynamic systems, subject to change over time. Because of this, the limits of the critical line buffer shall be established by the final plat approved by the town and recorded with the Charleston County ROD Office. The buffer limits shall remain unchanged in perpetuity unless a new subdivision occurs. At such time, the critical line must be validated by the authorization of DHEC-OCRM, which will establish the current critical line location and thus the new buffer area; provided, however, the new setback location shall only apply to the subject property and not to adjoining property. In areas where the buffer has been averaged, the new buffer area shall not result in a reduction in square footage of the former buffer area previously established. It shall be the sole responsibility of the property owner to ensure all construction activity occurs landward of the current DHEC-OCRM critical line, irrespective of the critical line location reflected on the most recent recorded plat.

         (d)   The boundaries of the Mathis Ferry Road buffer shall be clearly delineated and identified on all development plans and plats submitted for approval.

         (e)   Buffer limits shall be staked in the field in a manner approved by planning staff, prior to and throughout construction activities.

      (4)   Areas pertaining to all special bufferyards in which the natural vegetated buffer no longer exists, specifically including the natural roadside buffer, the critical line buffer and the Mathis Ferry Road buffer as provided herein.

         (a)   Areas that have been cleared prior to the initiation of a special bufferyard as provided herein shall be reconstituted as set forth below.

         (b)   All elements not allowed in the special bufferyard shall be removed, including existing turf.

         (c)   The special bufferyard shall then be mulched and replanted as prescribed herein per 100 square feet:

            1.   Two 3-gallon shrubs and two 7-gallon shrubs comprised of at least three differing species: and

            2.   One 1-1/2 inch understory tree and .5 2-1/2 half inch caliper canopy tree comprised of at least two differing species.

            3.   Plantings shall be indigenous to the immediate area and shall be arranged in a natural random pattern.

         (d)   If applicable, view corridors shall be established.

            1.   A minimum of 8% of the development acreage, excluding the activity zone, shall be designed and utilized as open space and/or parks in the form of active and passive parks, plazas or public gathering spaces for any development project containing residential dwelling units.

            2.   Approval of the open space or park area shall be subject to Planning Commission or DRB approval.

               a.   On Coleman Boulevard, activity zones are expressly prohibited where a setback is required, as specified in the Coleman Development Guidelines Table.

               b.   Ben Sawyer Boulevard between its intersection with Coleman Boulevard and Chuck Dawley Boulevard east to Center Street Intersection.

               c.   On Johnnie Dodds Boulevard, activity zones are expressly prohibited on

the following neighborhood streets: Lansing Drive, Tall Pine Road, Dragoon Drive, Pine Hollow Road, Cottingham Drive, Williamson Drive, and the western side of Bowman Road between Johnnie Dodds Boulevard and Mathis Ferry Road.

               d.   On Chuck Dawley Boulevard, activity zones are permitted only on Chuck Dawley Boulevard. Activity zones are expressly prohibited on all side streets.

               a.   Streetside dining;

               b.   Outdoor merchandise display, which must be related to the business in front of which it is located;

               c.   Non-amplified music performers or entertainers, subject to the town's noise ordinance;

               d.   Pushcarts; and

               e.   One A-frame or sandwich board sign per business, subject to the requirements of the Signs subchapter. A-frame signs shall also require an approved sign permit.

               a.   Awnings may cover the entire activity zone area not utilized for canopy tree placement and as defined for streetside dining.

               b.   Awnings must comprise a minimum of five feet in depth, measured horizontally from face of building.

               c.   Awnings shall be a maximum of eight feet in height, measured from the bottom of an awning and/or valence to the sidewalk adjacent to building. This measurement may be adjusted for grand, multi-story windows.

               e.   Support structures for awnings and balconies will not be permitted in activity zone.

               h.   Pedestrian access to remain unimpeded. In all cases, permanent or temporary design features or activities shall not impede pedestrian access on the public sidewalk.

            1.   Properties that terminate views down streets shall be identified during the design review process, and will be held to a higher architectural standard along this visible facade.

            2.   Such identified properties are those that are across from side streets that intersect the primary boulevard and terminate or intersect and continue at a different angle.

            3.   Properties that are at the end of a straightaway on the boulevard shall also meet this requirement.

            1.   Development Standards Table and Map.

 

 

 

               a.   However, three canopy trees of a minimum-four-inch caliper shall be required for each 100 linear feet of road frontage, using species such as Southern Red Oak, Live Oak, Willow Oak, Elm varieties and American Beech. Such tree types to be consistent with each block and evenly spaced, with exceptions made for curb cuts, utilities, and other obstructions. On side streets, the required street trees shall be located in an area behind the sidewalk.

                  i.   Internal side and rear (non-street frontage) bufferyards shall be provided in accordance with the requirements of the Development Guidelines Table and map.

                  ii.   Sabal palmettos shall be planted in the public right-of-way adjacent to lots on Coleman Boulevard, at approximately 30 feet on center. Additional low shrub or groundcover plantings, including grass, may be required between the Sabal palmettos in the verge.

                  iii.   Parking lot islands, which must include canopy trees of four-inch caliper or larger, of a species approved during the design review process, must be provided at a minimum of every 12 spaces when adjacent to rear or side property lines, and internal parking lot islands either shall be provided at a minimum of every 12 spaces or only at the end of parking rows.

                  i.   There shall be a public sidewalk, either within the right-of-way or within a pedestrian easement on private property, on both sides of all streets within Coleman Boulevard, a minimum of five feet wide on side streets and internal access roads, and a minimum of eight feet wide on boulevard streets.

                  ii.   On boulevard streets, these walks shall typically be separated from traffic by a grassed verge, which shall be a minimum of three feet wide, measured from the back of curb, and planted with palmettos at approximately 30 feet on center; provided, however, that where on-street parking is utilized, the palmettos may be planted in openings of three feet by three feet, with eight-foot-wide sidewalks serving the parallel parking areas. See Figures 7, 8 and 9.

Figure 7. Location of Palmetto Street Trees.

Figure 8. Street Tree Locations.

Figure 9. Side Street Detail.

               a.   On Coleman Boulevard, between the intersection of Lansing Drive and the intersection of Chuck Dawley Boulevard, the minimum building frontage on properties of less than 100 feet shall be 100% of its frontage, except for adequate allowance for one curb cut. The total required building frontage may be accomplished through a phased development plan.

               b.   For properties with more than 100 feet of frontage on the boulevards, a minimum of 70% building frontage shall be required. The total required building frontage may be accomplished through a phased development plan.

               c.   Pocket parks, plazas, and other civic open spaces that are integrated into the overall design of a project shall count for a maximum of 20% of the required building frontage.

               d.   The minimum allowable size of a pocket park or other suitable civic open space shall be 12 feet of frontage and 300 square feet of overall area.

               c.   Side and rear yards. In general, bufferyard requirements on individual parcels are specified in § 156.201; however, contingent upon approval through the Design Review Process, development utilizing an integrated site plan involving multiple parcels may forgo side and rear bufferyards along parcel lines, except when commercial uses abut residential uses lying outside the district boundaries. In the latter case, a minimum ten-foot, Type "C" bufferyard, with an F3 fence, is required in all instances. This buffer may overlap with the required side and/or rear yard setback. In addition, buffers are not required where common wall construction to adjacent properties spanning property lines is utilized in accordance with applicable building and fire code requirements.

Figure 17.

                  i.   For buildings fronting on Chuck Dawley Boulevard or side streets, no understory or shrub plantings are required.

                  ii.   However, three canopy trees of a minimum-four-inch caliper shall be required for each 100 linear feet of road frontage, using species such as Southern Red Oak, Live Oak, Willow Oak, Elm varieties, and American Beech. Such tree types to be consistent with each block and evenly spaced, with exceptions made for curb cuts, utilities, and other obstructions.

               b.   Side and rear yards. In general, bufferyard requirements on individual parcels are specified in § 156.201. However, contingent upon approval through the design review process, development utilizing an integrated site plan involving multiple parcels may forgo side and rear bufferyards along parcel lines, except when commercial uses abut residential uses lying outside the district boundaries. In the latter case, a minimum ten-foot, type "C" bufferyard, with an F3 fence, is required in all instances. This buffer may overlap with the required side and/or rear yard setback. In addition, buffers are not required where common wall construction to adjacent properties spanning property lines is utilized in accordance with applicable building and fire code requirements.

      (4)    Components of the Mount Pleasant Way as indicated by its Master Plan may be placed within required buffers in a sensitive manner. These intrusions shall be reviewed by staff (and DRB if applicable) during the design process to minimize intrusions, protect the quality of the buffer, and minimize impacts on protected trees. Every reasonable effort shall be made to accommodate displaced plantings elsewhere within the remaining buffer.

      (5)   Where incentives are provided within the latest edition of “The Environmental Guidelines for Land Development,” alternative buffer width and uses shall be allowed.

('81 Code, §151.99) (Ord. passed 8-13-79; Am. Ord. passed 4-9-84; Am. Ord. passed 1-10-89; Am. Ord. passed 6-9-92; Am. Ord. 99012, passed 4-21-99; Am. Ord. 99069, passed 1-11-00; Am. Ord. 00052, passed 9-12-00; Am. Ord. 02024, passed 6-11-02; Am. Ord. 05003, passed 2-8-05; Am. Ord. 07071, passed 11-13-07; Am. Ord. 09079, passed 12-9-09; Am. Ord. 09088, passed 1-13-10; Am. Ord. 10082, passed 1-11-11; Am. Ord. 11007, passed 2-8-11; Am. Ord. 12005, passed 2-14-12; Am. Ord. 12064, passed 10-9-12; Am. Ord. 14047, passed 8-12-14; Am. Ord. 16084, passed 10-11-16; Am. Ord. 18076, passed 11-13-18; Am. Ord. 19027, passed 5-14-19; Am. Ord. 20005, passed 2-19-20; Am. Ord. 20041, passed 8-14-20; Am. Ord. 21042, passed 5-11-21; Am. Ord. 21067, passed 10-12-21; Am. Ord. 22004, passed 2-8-22; Am. Ord. 22019, passed 3-8-22; Am. Ord. 23006, passed 2-14-23)