Draft May 21 2008

Sec. 86-147 Maritime Zoning District

(a)  Purposes:

            (1)  The MZD zoning district is established and maintained to preserve and/or
control development within certain land, marsh and water areas including     
tidal waters of the creeks and Atlantic Ocean.  These areas possess great
natural beauty and serve as breeding grounds and refuges for marine life,
birds and land animals whose survival is economically important to sport
and commercial fishing, outdoor recreational purposes and natural study
by our citizens and visitors to the area.  In addition, open space for the
health and general welfare of the town’s inhabitants is provided.

(2)    The regulations which apply with this district are designed to reserve such
areas for the purposes outlined and to discourage any encroachment by
residential, commercial, industrial or other uses capable of adversely affecting the relatively undeveloped character of the district.

(b)  MZD district boundaries:

(1)    All areas of the Atlantic Ocean adjacent to and bordering the Town limits from the tidal waters at mean high tide extending out one mile from the high water mark. 

(2)    All areas of St. Helena Sound adjacent to and bordering the Town limits from the tide waters at mean high tide extending out to mid-point of the channel.

(3)    All areas of Big Bay Creek and surrounding marshes adjacent to and bordering the Town limits from the tidal waters at mean high tide extending out to the mid-point of the marsh and creeks between the opposite land mass and the Town.

(c)  Permitted Uses:

(1)    Except for the Atlantic Ocean and the St. Helena Sound areas, commercial docking facilities in C2 or C3 districts with a  maximum length extending into the waterways of 20% of the channel width at mean high tide See Sec 86-140(h)j and 86-175 for additional requirements.

(2)    Commercial recreational piers in C2 or C3 with a maximum length of 800 feet measured from the mean high tide mark and maximum square footage of 12,000 in the Atlantic Ocean and the St. Helena Sound areas.  All other areas are limited to a maximum length extending into the waterway of 20% of the channel width at mean high tide; See 86-140(h) j and 86-175 for additional requirements.

(3)    Recreational activities taking place on coastal waters, including, but not limited to, swimming, fishing, shell fishing, boating and wildlife viewing subject to restrictions set forth in other sections of the Town’s Code of Ordinances, state law, and federal law.

(4)    Public utilities provided that service and storage yards are
prohibited.  These include, but are not limited to, electrical power, telephone, cable, gas and water lines.

(5)    Activities and structures related to soil and water conservation, measurement and control.

(6)    Directional markers or official signs of public agencies and navigational aids.

(7)    Service of food prepared in adjacent land-based restaurant(s) in properly licensed serving areas with fixed seating on commercial docking facilities, piers, ports and marinas permitted under Sec. 86-147(c)(1) and Sec. 86-147(c)(2).  The square footage of the serving area is limited to the lesser of 20% of the over water structure’s deck square footage of 1200 square feet.

(8)    Properly licensed bars with fixed seating serving alcoholic beverages on commercial docking facilities, piers, ports and marinas permitted under Sec. 86-147(c)(1) and Sec. 86-147(c)(2).  The square footage of any beverage preparation area is limited to the lesser of 10% of the over water structure’s dock square footage or 300 square feet.

(9)   Shopping facilities on commercial docking facilities, piers, ports and marinas
permitted under Sec. 86-147(c)(1) and Sec. 86-147(c)(2).  The square footage of the shopping facilities (total number of shops) is limited to the lesser of 20% of the over water structure’s deck square footage or 1200 square feet.

            (10)Except for the Atlantic Ocean and the St. Helena Sound sides, boat refueling,
repair and rentals are permitted, provided facility designs include
appropriate pollution control provisions to protect the adjacent waterways.

(11)Commercial fishing and shrimping and the activities necessary to prepare the “catch” for transportation to another area.

(12)Except for the Atlantic Ocean and the St. Helena Sound areas, commercial water sports and charters are permitted provided the operations do not obstruct waterways or pose any other waterway hazard.  Boats and other crafts in the water must be safely secured to prevent possible interference or damage to other property.

           
(13)Commercial shoreline dredging or any other type land disturbance (land
covered by water at mean high tide) to be conducted only for the
preservation of waterways or renourishment of the beach.

(14)Except for the Atlantic Ocean and the St. Helena Sound areas, private docks are permitted for personal use.  Maximum length extending into the       waterways is limited to 20% of the channel width at mean high tide.  Docks              shall not obstruct waterways nor pose any other waterway hazards.  Boats                    and other crafts in the water must be safely secured to prevent possible       interference or damage to others’ property.

            (15) Shoreline protection areas are encouraged i.e. oyster shell renourishment
Project.

            (16)Except for the Atlantic Ocean and the St. Helena Sound areas, private
boat ramps are permitted for personal use.

(17)Private shoreline dredging or any other type of land disturbances (land
covered by water at mean high tide) must be conducted only for the
preservation of the waterway.

(18)Except for the Atlantic Ocean and the St. Helena Sound areas, a marina which
is used for docking or otherwise mooring vessels and constructed to provide     
temporary or permanent multiple boat docking space.

(d)  Additional Requirements:

(1)    Without limitation the water dependent uses and structures authorized by the
ordinances may be subject to other permits, authorizations and requirements
including but not limited to the Town of Edisto Beach Ordinances.

(2)    Uses permitted in the MZD shall meet all standards set forth in ordinances
pertaining to off-street parking, loading, signs and other requirements.

(e)  Conditions:

(1)    No use or activity, including those set forth above, shall be permitted in the
MZD district that would disturb, destroy or impair the natural fauna, flora, waterway shore lines, water quality or topography.

(2)    No permitted use shall create disturbing or offensive noises, traffic hazards or unsightly conditions.

(3)No person may engage in any recreational or commercial marine activity which poses a safety hazard or endangers the life or property of any person.  This applies to all recognized navigational waters of the Town of Edisto Beach.

           
(4) Existing structures, structures under construction, and properly executed
building permits that preceded the approval date of this ordinance are
governed by the provisions of Sec. 86-171 as to nonconformity.

(f)   Applicant procedure:

            (1)  Each application for a building permit for new construction, remodeling or a
change in floor plan or for a change in use permit in an area zoned MZD
shall be reviewed and approved by the Planning Commission and approved by               the Town Council. Review and approval of general maintenance, repair, and upkeep of structural and mechanical elements shall not require review and approval by the Planning Commission and the Town Council.  The application shall be accompanied by the following:

                  a.   A development plan of the proposed development at a scale of not
less than one inch equals 100 feet showing:

l.   The location and size of the site;
2.  The dimensions of the property;
3.  The location and proposed use of the buildings and their general
exterior dimensions;
4.  A title showing the names of the developers, the date, scale of plan,
And the name of the individual or firm preparing the plan;
5.  Description of construction material, especially roofing and
exterior siding;
6.  Elevation drawings (all sides unless identical) and floor plan.

                  b.    A statement, to be filed with the building official, indicating readiness
to proceed with construction of the proposed development within
two years from the date the proposal is approved.

            (2)   No building permit shall be issued for any building in area zoned MZD until
a final development plan shall have been reviewed and recommended to
the building official by the Planning Commission.  The building official may  
approve requests based on his review, the Planning Commission’s report,
and such other data as he may require.

(g)  Definitions:

(1)    Mean High Tide – the line of the shore established by the average of all high
tides based on available tidal data over a period of at least 18.6 years.  In the absence of such data, less precise methods to determine the mean high tide line may be used, such as physical markings, lines of vegetation or comparison of the area in question with an area having similar physical characteristics for which tidal data are readily available.

(2)    Water Dependent Use – any activities that can only be conducted on, in, over
or adjacent to the water body because such activity requires direct access to the water body and that involves, as an integral part of such activity, the use of the water.

(3)    Dock/Pier – A dock or pier is structure built over and /on floating on water and is used to provide access to water and for the mooring of boats. 

(4)    Marina – Locked habor facility; any facility which provides fueling, pump-out, maintenance or repair services; any facility which has permanent docking space of 250 linear feet or greater; any water area with a structure which is used for docking or otherwise mooring vessels and constructed to provide temporary or permanent docking space for more than 10 boats.