§ 6-3-46. PDD planned development district.  


Latest version.
  • (a)

    Purpose.

    (1)

    The purpose of this district is to permit development for specialized purposes where tracts suitable in location, area, and character are to be planned and developed on a unified basis. Through the use of this district, the overall objectives of the county comprehensive plan can be achieved and flexibility in development allowed that will result in improved design, character, and quality of new development and preservation of the natural and scenic features of open spaces.

    (2)

    Planned development districts shall be so related to the general development pattern and the objectives of the land use plan update as to provide for comfort and convenience of occupants, facilitate protection of the character of surrounding neighborhoods, and reduce traffic congestion by a reasonably close relationship (in distance or in time) between origins and destinations of persons living, working or visiting in such development. Housing, commercial and service facilities and principal places of employment shall be so related by physical proximity, or by major street networks, or by mass transit, as to promote these objectives.

    (3)

    Within PD districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to regulate development on individual lots, and to promote and protect the public health, safety, and general welfare.

    (4)

    In view of the substantial public advantages of planned development, it is the intent of these regulations to promote, and encourage or require, development in this form where appropriate in location, character and timing.

    (b)

    Relation of PD regulations to general zoning, subdivision or other regulations. The planned development regulations that follow shall apply generally to the initiation and regulation of all planned development districts. Where there are conflicts between the special PD regulations herein and general zoning, subdivision, or other regulations or requirements, these regulations shall apply in PD districts unless the appropriate governing authority shall find, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision, or other regulations or requirements. All specific site plan review and approval for planned development districts will be done by the joint county planning commission, pursuant to S.C. Code 1976, tit. 6, ch. 29, art. 7.

    (c)

    Permitted planned developments.

    (1)

    Where the symbol "(PD)" is established on the official zoning district map, planned development is permitted as an alternative to the applicable zoning classification, provided it is planned and developed on a unified basis, in accord with the provisions of this section.

    (2)

    Where the symbol "(PD)" is not established on the official zoning district map, a planned development district (PDD) may nonetheless be established by amendment where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, in accord with the provisions of this section.

    (3)

    Planned development districts requiring amendment to the official zoning map shall be appropriately located with respect to intended functions, to the pattern and timing of development existing or proposed in the land use plan update, and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed. All requirements specified in article K of this chapter shall be met, and an application for amendment shall be accompanied by a preliminary development concept plan and text presenting the following information:

    a.

    Proposed land uses, the location of various dwelling types, and dwelling unit densities.

    b.

    Proposed primary circulation pattern.

    c.

    Proposed parks, playgrounds and other common open space areas.

    d.

    (Reserved.)

    e.

    Delineation of the units or phases to be constructed in progression.

    f.

    Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space, and relation to land uses in surrounding areas and the land use plan update for Greenwood.

    (d)

    Permitted uses. Only the following uses or combinations of uses shall be permitted in the planned development zoning district:

    (1)

    Residential, single-family, two-family and multifamily.

    (2)

    Mobile homes, courts, parks and subdivisions.

    (3)

    Commercial, limited to the following:

    a.

    Business and professional offices providing monetary and specialized professional knowledge to the community, such as offices of lawyers, accountants, engineers, architects, advertising agencies, real estate, credit and finance, business consultants and banks.

    b.

    Establishments providing certain convenience items and services to the public, such as barbershops and beauty shops, flower shops, laundromats and dry cleaning pickup stations, beverage stores, confectioneries, delicatessens, news and magazine stands, bakeries where products are sold exclusively at retail and on the premises, gift shops, photographic studios, and convenience food and sundry stores.

    c.

    Establishments of a business character providing services of a specialized nature to individual or other businesses, such as duplicating, mimeographing and multilithing shops, addressing and mailing services, stenographic and letter writing services, and blueprinting, photostating and film development establishments.

    d.

    Certain communication facilities, limited to newspaper offices, broadcasting studios, telephone or telegraph offices and post offices.

    e.

    Social, cultural and health facilities, such as schools, specialized training schools, libraries, museums, religious facilities, public recreational facilities, social or health care facilities, and medical establishments.

    f.

    Establishments providing for visitor accommodations, such as hotels, motels and tourist homes.

    g.

    Establishments selling commodities in small quantities to the consumer, usually low-bulk comparison items, including department stores and stores selling general and variety merchandise.

    h.

    Establishments selling primarily one-stop shopping items, but limited to hardware, paint, wallpaper, light fixtures and general merchandise.

    i.

    Commercial recreation facilities, but limited to theaters, billiards, bowling alleys and skating rinks.

    j.

    Eating establishments, but not including drive-ins.

    (4)

    Light industrial, limited to the following:

    a.

    Fabricating shops, completely enclosed.

    b.

    Warehouses and wholesale operations, but not open storage.

    (e)

    Development standards.

    (1)

    Applicability under this chapter. The development standards for planned development districts under this chapter shall be considered to address design and development issues from a conceptual standpoint, as they relate to the planned development as an amendment to this zoning ordinance, pursuant to S.C. Code 1976, tit. 6, ch. 29, art. 5. Specific design requirements for planned development districts will be addressed through the land development review process established in the land development ordinance (subdivision ordinance) for the county, pursuant to S.C. Code 1976, tit. 6, ch. 29, art. 7.

    (2)

    External relationships. Site planning within a planned development shall provide protection from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences within the development. In particular:

    a.

    Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimize hazards to vehicular or pedestrian traffic. Merging and turning lanes or traffic dividers shall be required where existing or anticipated heavy flows indicate need. Minor streets shall not be directly connected with streets outside the district in such a way as to encourage use of such minor streets by substantial amounts of through traffic.

    b.

    Access for pedestrians and cyclists entering or leaving the district shall be by safe and convenient routes. Such access need not be adjacent to, or limited to the vicinity of, access points for automotive vehicles. Where there are crossings of pedestrian ways and vehicular routes at edges of planned developments, such crossings shall be safely located, marked and controlled. Where such ways are exposed to substantial automotive traffic at edges of districts, safeguards, including fencing, may be required to prevent crossings except at designated points. Bicycle or bridle paths, if provided, shall be so related to the pedestrian system that street crossings are combined.

    c.

    Where a planned development district adjoins an R-1 zoning district without intervening permanent open space at least 120 feet in width serving as a separation between buildable areas, the portion of the perimeter of the planned development so adjoining shall be planned and developed only for uses permitted in the adjoining residential district and in accordance with all other requirements for such district; provided, however, that, in lieu of building construction, common open space for the planned development district to a depth of 100 feet from the district boundary may be provided. No intensive recreational use or offstreet parking shall be permitted within 75 feet of the district boundary in such cases.

    d.

    Yards, fences, walls or vegetative screening shall be provided at edges of planned development districts where needed to protect residents from undesirable views, lighting, noise or other offsite influences, or to protect residential occupants of other districts from similar adverse influences within the planned development district. In particular, extensive offstreet parking areas, service areas for loading and unloading vehicles other than passenger vehicles, and areas for storage and collection of refuse and garbage shall be screened by a planting, fence or wall at least six feet in height above the finished grade.

    (3)

    Internal relationships. The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities for appropriate relation of space inside and outside buildings to intended uses and structural features; and for preservation of desirable natural or historic features and minimum disturbance of natural topography. In particular:

    a.

    Streets, drives and parking and service areas shall provide safe and convenient access to dwelling units and general facilities, and for service and emergency vehicles. Streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, or occupy more land than is required to provide access as indicated, or create unnecessary fragmentation of the development into small blocks. In general, block size shall be the maximum consistent with use and shape of the site and the convenience and safety of occupants.

    b.

    Vehicular access to other streets or portions of streets from offstreet parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely, and in a manner that minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption.

    c.

    Walkways shall form a logical, safe and convenient system for pedestrian access along major streets to schools or other high-volume pedestrian destinations.

    (4)

    Common open space.

    a.

    General requirements.

    1.

    Common open space, for purposes of this section, shall mean a parcel of land or an area of water, or a combination of both land and water, within the site, designed and intended for use and enjoyment principally by residents of the proposed planned development. Common open space shall be substantially free of structures, but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of residents.

    2.

    A minimum total area of ten percent of the gross residential area for multifamily dwelling projects shall be set aside as common open space. Of this ten percent, a maximum of 50 percent may be covered by water. Common open space is not required for one-family detached dwellings, mobile homes, or commercial or industrial uses.

    3.

    Up to five percent of the area designated for common open space may be covered by structures clearly auxiliary to the recreational use of the area.

    4.

    The location, shape and character of common open space shall be suitable for the proposed development. Common open space shall be used only for amenity or recreational (active or passive) purposes of a nonprofit nature. However, this does not preclude a monetary charge for certain recreational purposes, such as golf. The uses authorized for the common open space must be appropriate to the scale and character of the development, considering its size, density, expected population and topography, and the number and type of dwellings to be served.

    5.

    Common open space must be suitably improved for its intended use, but common open space containing natural features clearly worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in common open space must be appropriate to the uses which are authorized and must conserve and enhance the amenities of the area having regard to topography and environmental conditions.

    6.

    The development schedule for a planned development shall coordinate the provision and improvement of common open space with the construction of residential dwellings so that at no time will dwelling density per acre exceed pro rata requirements of common open space.

    b.

    Conveyance and maintenance. Upon completion of any required improvements of common open space, as shown by the final plan, it shall be conveyed under one of two options:

    1.

    Dedicated and deeded in fee simple to the City of Greenwood or the county, depending on location, if agreeable to the affected government; or

    2.

    Held in corporate ownership by landowners within the planned development and such others as the corporation membership may choose. In such cases, a perpetual, undivided, proportionate and beneficial interest in the open space shall be included in the deeds to owners of lots in the planned development, and appropriate assurance to the appropriate local government shall be made that such corporate open space shall be maintained perpetually. Any subsequent sale or exchange of such open space by the corporation or its use for other than open space or recreational purposes shall require the written consent of 75 percent of the corporation membership and the approval of the local governing body after a public hearing.

    (5)

    Dimensional requirements.

    a.

    Minimum area requirement of PDD: Five acres.

    b.

    Minimum lot area requirements for residential dwellings located in PDD:

    1.

    Single-family detached dwellings and mobile home subdivisions: 6,000 square feet.

    2.

    Multifamily attached dwellings: 1,800 square feet, except that a density bonus not to exceed 25 percent of the number of dwelling units may be approved by the appropriate governing authority in accordance with the following ratio of residential area to common open space area. Tentative application of the density bonus shall be included in the preliminary concept development plan for review and approval.

    DENSITY BONUS SCALE

    Percent of Residential Area
    to be Common Open Space
    Percent Density Bonus
    10—19 4
    20—29 8
    30—39 11
    40—49 15
    50—59 18
    60—69 22
    70 or more 25

     

    c.

    Minimum lot yard requirements:

    1.

    Front yards, all uses: 40 feet.

    2.

    Side yards:

    i.

    Single-family detached dwellings and mobile homes: 15 feet.

    ii.

    Other residential uses: 30 feet where contiguous to single-family dwellings; none required elsewhere.

    iii.

    Commercial uses: 30 feet where contiguous to residential uses; none required elsewhere.

    d.

    Maximum buildable lot area:

    1.

    Residential uses: 40 percent.

    2.

    Commercial and industrial uses: 80 percent, provided there is sufficient space to meet minimum applicable requirements of article H of this chapter for offstreet parking and minimum applicable requirements of article H of this chapter for offstreet loading space.

    e.

    Offstreet parking requirements for a planned development shall be in accord with article H of this chapter.

    f.

    Sign regulations shall be the same as for the C-1 district.

    (6)

    Special regulations for commercial, office and industrial uses when included with residential development. Commercial, office and industrial facilities, when included in a planned development with residential uses, shall be developed in accordance with the following standards:

    a.

    Such uses shall be planned as an integral part of the PDD.

    b.

    Such uses shall be so located and designed as to provide direct access to primary, secondary or collector streets without creating traffic hazards or congestion on access streets.

    c.

    The layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of sign, lighting, noise or other potentially adverse influences, shall be such as to protect the residential character within and adjacent to the planned development.

    d.

    Such uses shall not, by reason of their location, construction, manner of timing or operation, signs, lighting, parking arrangements or other characteristics, adversely affect residential uses within or adjoining the district, or create traffic congestion or hazards to vehicular traffic.

    (7)

    Special regulations for mobile home parks and courts. Mobile home parks and courts shall observe the following minimum special development regulations:

    a.

    The minimum area for a mobile home park or court shall be ten acres.

    b.

    The maximum number of mobile homes per acre shall not exceed eight.

    c.

    Sanitary sewage, storm drainage, water and refuse disposal facilities are prerequisite to development of a mobile home court or park.

    d.

    Parking spaces shall be paved, properly marked and lighted.

    e.

    Concrete curbs or other appropriate car stops shall be installed at the end of all head-in parking bays which are not drive-through type.

    f.

    Roadways, which are not to be dedicated as public streets, shall have a minimum travel width of 20 feet, exclusive of parking.

    g.

    All roadways shall be paved with cement or asphalt.

    h.

    No access roadway to a mobile home park shall be located closer than 150 feet to any public street intersection.

    i.

    The number of entrances or exits shall not exceed the ratio of 150 feet of park frontage. Parks with less than 150 feet frontage are only allowed one combination ingress and egress road.

    j.

    Roadway intersections within the mobile home park shall be at least 150 feet apart and no greater than 1,000 feet apart.

    k.

    All roadway intersections shall be provided with a streetlight.

    (8)

    Special regulations for mobile home subdivisions. Mobile home subdivisions shall observe the following minimum special development regulations:

    a.

    The minimum area for a mobile home subdivision shall be ten acres.

    b.

    No more than one mobile home shall be located on a given lot.

    c.

    Mobile homes shall be occupied as permanent residences.

    d.

    Mobile homes shall be placed and anchored on mobile home stands constructed of reinforced concrete or other suitable building materials capable of supporting the expected load. The stand shall provide an adequate foundation and anchoring facilities to serve the mobile home against accidental movement. It shall be so constructed as to completely conceal the area between the base of the mobile home and the ground. The stand shall be inspected and approved by the building inspector prior to the location of the mobile home.

    e.

    Each mobile home shall be provided with facilities for water supply, sanitary sewers, storm drainage and refuse disposal.

    (f)

    Review of planned developments.

    (1)

    A preliminary development concept plan for a planned development (PD) project shall first be submitted to the joint county planning commission to determine conformity with the land use element of the county comprehensive plan, zoning, the county land development ordinance (subdivision ordinance), and other regulations applicable in the case.

    (2)

    Following such study, unless complete conformity is found, the applicant shall be notified in writing of the discrepancies, and of the willingness of the planning commission and other appropriate officials to confer for the purpose of bringing the material submitted as nearly as possible into conformity with requirements and/or to define specific modifications of regulations or of the land use element of the county comprehensive plan that seem justified in view of equivalent service of public purposes by the proposal.

    (3)

    In the course of such preliminary conferences, any recommendations, for changes shall be recorded in writing, with reasons therefor, and shall become part of the record in the case. Applicants shall indicate, in writing, their agreement to such recommendations, or their disagreement and reasons therefore; and such response by applicants shall also be included in the record.

    (4)

    At the conclusion of the preliminary review, the planning commission shall recommend to the appropriate governing authority approval of the PDD amendment as proposed, approval conditioned on specific stated modifications, or disapproval, with recorded reasons therefor.

    (g)

    Actions by appropriate governing authority.

    (1)

    Actions by the council shall be considered to be amendments to the county zoning ordinance. Council may grant the application in accord with PD and other regulations applicable, may include specific modifications of PD or other applicable regulations, or may deny the application. If amendment of the land use element of the comprehensive plan for the county is involved, council shall not proceed on the PD amendment until it has first acted on amendment to the land use element.

    (2)

    Once a PD district is established on the official zoning district map, no building permit shall be issued therein unless approved final plans and reports for the development as a whole or stages or portions thereof are deemed satisfactory in relation to the total development, and in compliance with the land development regulations for the county.

    (3)

    Approval of final plans and reports shall be based on substantial compliance with the concept plan, with any modifications applying at the time the land was zoned to PDD.

    (4)

    Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PD district shall be observed. Except as provided below, final plans and reports approved shall be binding on the applicants and any successors in title so long as PD zoning is applicable.

    (5)

    Except as provided in this section, approved PDD plans shall be binding on the owner and any successor in title. All proposed changes shall be made in writing to the planning department. Minor changes such as location and siting of buildings can be authorized by the planning director without a public hearing of the entire process. The planning director may allow minor changes that do not cause any of the following:

    a.

    A ten percent or greater increase in the overall site coverage by the structures.

    b.

    An increase in the intensity of use. For example, an increase in density resulting from changing single-family residential to multi-family residential.

    c.

    A ten percent or greater increase in external traffic generation.

    d.

    A ten percent or greater increase in the demand for public utilities.

    e.

    A five percent or greater reduction in the proposed open space.

    f.

    A ten percent or greater reduction in the number of parking spaces.

    g.

    A change of an approved use.

    h.

    An increase in the height of buildings.

    Any modifications that are in excess of the above standards shall be considered a major change to the approved PDD and shall require a public hearing and approval by the appropriate governing body.

    (h)

    Expiration of time limits established in amendments. If actions required in any amendment establishing a planned development district are not taken within any time limits set in connection with such amendment, the joint planning commission shall review the circumstances and prepare a written report specifying the circumstances and recommending that:

    (1)

    Planned development zoning for the entire area be continued with revised time limits;

    (2)

    Planned development zoning be continued for part of the area, with or without revised time limits, and the remainder be rezoned to an appropriate category;

    (3)

    The entire district be rezoned from planned development to an appropriate category; or

    (4)

    Other appropriate amendments be made or actions taken.

    Such recommendations shall include proposals for appropriate action in respect to any legal instruments in the case. Such recommendations shall be transmitted to the council processed in the same manner as other proposals for amendment.

(Ord. No. 13-86, § IV.O, 12-2-86; Ord. No. 1-99, § 8, 1-5-99; Ord. No. 14-99, §§ XI—XVIII, 4-20-99; Ord. No. 25-05 , § I, 10-4-05)