[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
For the purpose of this Part
1, the City of Walhalla is hereby divided into the following zoning districts:
R-25
|
Single-Family Residential District
|
R-15
|
Single-Family Residential District
|
R-10
|
Single-Family Residential District
|
GR
|
General Residential District
|
MFR
|
Multifamily Residential District
|
OC
|
Office Commercial District
|
HC
|
Highway Commercial District
|
CC
|
Core Commercial District
|
LI
|
Light Industrial District
|
PUD
|
Planned Unit Development
|
The Downtown Development Overlay District is defined by the map contained within the Downtown Walhalla Design Guidelines and the City of Walhalla Zoning Ordinance. The overlay does not constitute a separate zoning district. The underlying zoning districts determine permitted uses. The Downtown Walhalla Design Guidelines are adopted as an element of the City of Walhalla Zoning Ordinance. The Design Guidelines are enforced under Article
VIII of the Zoning Ordinance, which also includes the means of appeal by an applicant. Article
X, Legal Status Provisions; Penalties, of the Zoning Ordinance also applies with respect to the Downtown Walhalla Design Guidelines.
A. Requirements specific to the Downtown Development Overlay District.
(1)
No building in the Downtown Development Overlay District shall
be used primarily for storage of equipment or materials. Any vacant
commercial or office building in the Downtown Development Overlay
District being used primarily for storage shall have 120 days following
adoption of this Zoning Ordinance to come into compliance with the
aforementioned standard by removing all stored materials and equipment.
A property owner or authorized representative who closes an established
business on a temporary basis due to family illness, financial hardship
or other reasonable cause may petition City Council for a 120-day
extension of the initial deadline by filing a formal request with
the Zoning Administrator. The applicant must provide sufficient documentation
to demonstrate that the aforementioned criteria have been met. The
same process shall be followed for any subsequent extension requests.
(2)
Dumpsters or similar trash containers in the Downtown Development
Overlay District must be located in the rear of commercial or office
buildings when possible and must be fully screened from public rights-of-way.
Screening must be accomplished with an opaque structure or landscaping.
A wall, fence or similar enclosure may be composed of treated wood,
vinyl or related material. Chain-link fencing is permitted as a screening
structure only when lined with an opaque material approved by the
Zoning Administrator.
(3)
Business vehicles and equipment stored or maintained in the
rear of a commercial or office building in the Downtown Development
Overlay District which are visible from a main traveled way must be
blocked from public view. Screening may be achieved by enclosing the
storage area with a continuous visual screen provided and maintained
by the owner or tenant of such property. The required screen may be
composed of a wall, fence and/or landscaping which achieves a height
of at least six feet above grade. Nonseasonal coniferous trees or
shrubs may also be planted and maintained, if at maturity the materials
will form a barrier which would be defined as static. Chain-link fencing
can be used to enclose storage areas, provided that such installations
in existence at the time of passage of the Zoning Ordinance must be
lined within 120 days following adoption of the Zoning Ordinance with
an appropriate material to serve as a continuous visual screen.
(4)
Murals.
[Amended 3-19-2024 by Ord. No. 2024-04]
(a)
Goal. The City of Walhalla would like to promote its history
and culture through the display of public art, including murals.
(b)
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
MURAL
An image, such as a painting or enlarged photograph, applied
directly to a wall or external ceiling.
MURAL SIGN
A large picture/image (including but not limited to painted
art) which is painted, constructed or affixed directly onto a vertical
building wall, which may or may not contain text, logos and/or symbols.
(c)
Regulations.
[1] Murals are allowed with a mural permit in the Downtown
Development Overlay District.
[2] Murals are purely artistic forms of expression.
While basic content is free from evaluation, obscenity and other language
deemed questionable may require approval.
[3] Depending on content, murals will be evaluated
for signage calculation and the remaining area can be deemed a mural.
If the following content is incorporated within a mural, those items
shall be classified as signage and comply with the standards for attached
wall signs:
[a] Advertising message for contemporary establishments
and/or contemporary merchandise/services;
[b] Advertisement for products, services or businesses;
[e] Registered trademarks; and
[f] Containing graphics (other than logos or registered
trademarks) related to goods and services provided on-site.
[4] Murals are highly visible in the public realm and
may express City history and community character. In the absence of
a recognized group tasked to review and consider these qualities,
and the artistic intent of the design, evaluation will be regulated
on a content-neutral basis.
[5] No person shall paint a wall mural on the exterior
of any structure or change any existing mural on the exterior of any
structure prior to the issuance of a mural permit. The following design
criteria shall apply to any mural artwork commissioned:
[a] The proposed wall mural shall be well-integrated
with the building and neighboring structures and harmonious with the
surrounding environment. The proposed wall mural, by its design, scale,
construction and location, shall not have a substantial adverse effect
on abutting property or the permitted use, and will contribute to
Walhalla's character and quality of life.
[b] The proposed wall mural shall exhibit exceptional
design quality that enhances the overall development and appearance
of Walhalla. The paint and/or materials to be used and applied on
the structure shall be appropriate for use in an outdoor locale for
an artistic rendition and shall be of a permanent or long-lasting
variety.
[6] Maintenance of the wall mural is the responsibility
of the property owner. It shall be the property owner's responsibility
to remove the wall mural if it is not maintained as required. While
natural aging is acceptable, murals that are not maintained sufficiently
may be considered a public nuisance.
[7] A mural permit application shall be completed by
the building owner or their applicants' agent and submitted to
the Zoning Administrator. The application shall include at a minimum
the intended location of the mural, size, subject matter, medium and
a summary of the general color palette to be used. A visual representation
shall also be included in the application. The Zoning Administrator
shall prepare a staff recommendation and present to Planning Commission.
The Planning Commission shall review and act to approve, deny or require
revisions in all submittals.
[8] Decisions made by the Planning Commission regarding
murals may be appealed to the City Council. Appeals shall be filed
within 30 days.
(5)
Street-level windows in nonresidential and mixed-use structures
in the Downtown Development Overlay District may employ tinted glass
with a minimum visual transmittance factor of 35. Mirrored or reflective
glass is not permitted in the Overlay District. Tinting of windows
in buildings outside the Downtown Development Overlay District is
not regulated by this section.
Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map, the following rules shall apply:
A. Boundaries indicated as approximately following the center lines
of streets, highways or alleys shall be construed to follow such center
lines.
B. Boundaries indicated as approximately parallel but not contiguous
to street right-of-way lines shall be construed to follow a line equivalent
to one lot in depth from the right-of-way line or 300 feet in depth
from the right-of-way line, whichever is the least. Boundaries exempted
from the provision are designated on the Official Zoning Map of Walhalla.
C. Boundaries indicated as approximately following City limits shall
be construed as the following such City limits.
D. Boundaries indicated as following railroad lines shall be construed
to be the center line of the main track.
E. Boundaries indicated as approximately following the center lines
of streams, lakes or bodies of water shall be construed to follow
such center lines.
F. Boundaries indicated as extensions of features indicated in Subsections
A through
E above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
G. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections
A through
F above, the Walhalla Planning Commission shall interpret the district boundaries upon approval of Walhalla City Council.
The regulations set by this Part
1 within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or use of land, and particularly, except as hereinafter provided.
A. No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, set up, installed or structurally
altered, except grandfathered, except in conformity with all of the
regulations herein specified for the district in which it is located.
B. No building or other structure shall hereafter be erected, constructed,
altered, set up or installed:
(1)
To exceed the maximum allowed dimensional requirements;
(2)
To accommodate or house a greater number of households;
(3)
To occupy a greater percentage of lot area;
(4)
To have narrower or smaller rear yards, front yards, side yards
or any other open spaces than herein required; or
(5)
In any other manner contrary to the provisions of this Part
1.
C. No part of a yard, or other open space or off-street parking or loading space required about, or in connection with, any building for the purpose of complying with this Part
1 shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D. Fences, walls and hedges or other vegetation, used as borders on
front, rear and side lot lines, shall be constructed, planted and
maintained so they will not obstruct vehicles on streets, and will
not obstruct the view of drivers at intersections.
E. No yard or lot existing at the time of passage of this Part
1 shall be reduced in dimension below the minimum requirements set forth herein. Yards of lots created by subdividing after the effective date of this Part
1 shall meet at least the minimum requirements established by this Part
1.
F. Right-of-way easements for streets and roads shall not be considered
part of a lot or open space or front, rear or side yard for the purpose
of meeting yard requirements.
On property to be annexed into the corporate limits by petition,
as prescribed in the South Carolina Code of Laws, the zoning may be
determined at the time of annexation, subject to the following procedures:
A. A petition for zoning may be submitted at the same time the petition
for annexation is filed with the City.
B. The Planning Commission and the City Council shall hold a joint public
hearing on the proposed zoning classification of the property to be
annexed, and the Planning Commission shall forward to the City Council
a recommendation.
C. The City Council shall, by ordinance, act upon the annexation petition
and zoning petition concurrently. Council may act to:
(1)
Approve annexation and zoning as requested by the petitioner(s)
and recommended by the Planning Commission; or
(2)
Approve annexation and zoning as requested by the petitioner(s).
If the Planning Commission recommends denial of the petitioner's request,
a majority vote of all of the Council members shall be required to
override the Planning Commission's recommendation; or
D. Unless a zoning classification is specifically requested by the petitioner(s),
all territory which may hereafter be annexed to the City shall be
considered to be in the R-25 Single-Family Residential District and
will not require action by the Planning Commission at the time of
the petition for annexation.