Proposed Maritime Overlay Zoning District Ordinance Defeated by Planning Commission

The following proposed ordinance, the product of two years effort in committee, was defeated by a vote of 3 to 3 in the regular meeting May 26.  This version is the one which passed the Commission 4-3 except with changes suggested subsequently by the Town Attorney to eliminate unnecessary language and with a change in the allowable dock length from 20% of the creek width at low tide to 30% to accommodate the proposed Bell Park pier and an existing dock. The change in dock length was made in response to concern expressed by the Town Administrator that the proposed Bell Park dock would be prohibited by the ordinance. None of the other private docks exceed 20% with the exception of the Marina.

Currently, there is no ordinance regulating uses on the waters surrounding Edisto Beach or defining the limits of  the Town’s jurisdiction.   The proposed ordinance would take the place of the O1, Open Space District.  All current uses in the proposed district would, of course, be grandfathered and only new uses would be regulated.  The motivation in drafting this ordinance was to define the Town boundaries and to limit activities to those already permitted on the beach and creek.

I’d like to have your comments, pro and con on this proposed ordinance.
David Cannon, President
davidccannon@bellsouth.net  

 

Sec. 86-147 Maritime Overlay Zoning District

(a)  Purpose

            The Maritime Overlay District is established for the preservation, protection, enhancement and management of land, marsh and water areas surrounding the Town of Edisto Beach.  These areas possess great natural beauty, serve as breeding grounds and refuges for marine life, birds and other wildlife and are used for outdoor recreational purposes.  Protection and preservation of the water, wetlands, and natural resources are critical to our economic well being and quality of life, as well as to the promotion of public health, safety and general welfare.

(b)  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 tidal waters at mean high tide extending out to mid-point of the channel.

  3. All areas of Big Bay Creek and Scott Creek and surrounding marshes adjacent to and bordering the Town limits from the tidal waters at mean high tide extending out to the mid-line of creeks which define the town limits.

(c)  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.

    Mean Low Tide- the line of the shore established by the average of all low
    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 low 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. Pier – A structure extending from a shore over water and supported by piles and is used to provide access to water.

3. Docks – A structure built over and /or floating on water and is used to provide access to water and for the mooring of boats. The following defined docks provide space for ten boats or less.

a. Commercial dock – a docking facility used for commercial purposes.  A commercial dock is not necessarily a marina, a boat yard, or a dry storage facility.

b. Community Dock – any docking facility that provides access for more than four families has effective docking space of no more than 259 linear feet and is not a marina.  Effective docking space means adequate length and water depth to dock a 20-foot boat.

c. Joint use dock – any private dock intended for the use of two to four families.

d. Private dock – any facility that provides access for one family and is not a marina. (SC Code Section 48-39-10 et seq)

4. Marina –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. 

5. Critical Area – Coastal waters, tidelands, and beaches.

6.Tidelands – All areas which are at or below mean high tide and coastal wetlands, mudflats and similar areas that are contiguous or adjacent to coastal waters and are in an integral part of the estuarine systems involved. 

7. Dredging – The removal or displacement by any means soil, sand, gavel, shells or other material whether of intrinsic value or not from any critical area.

(d)  Municipal Jurisdiction

(1)        The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high tide line; and when the municipality borders on the high-water mark of a navigable body of water, other than the Atlantic Ocean, are extended to include all that area lying between the high-water mark and the low water mark.  These areas are subject to all of the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality.

(2)        Every coastal municipality has criminal jurisdiction over piers and other structures and the waters of the ocean, a sound, or an inlet within one mile of those portions of the strand within the corporate limits.  The corporate limits of the municipality are extended in a straight line from the strand into the ocean, inlet, or sound from the point where the corporate limits of the municipality reach the high‑water mark of the strand.  If an extension overlaps with the criminal jurisdiction of another political subdivision, the jurisdiction of each political subdivision extends to the equidistant point from the high‑water mark of each strand.
(SC Code Section 5-7-140; 5-7-150)

(e)  Permitted Uses

Atlantic Ocean and St. Helena Sound Areas.

(1) Commercial fishing piers in C2 or C3 districts with a maximum length of 800 feet measured from the mean high tide mark and permitted uses are non-competitive recreational fishing and sightseeing.

(2)  Recreational activities taking place on the beach and on coastal waters, including, but not limited to: swimming, fishing, shrimping, crabbing, shell fishing subject to the provisions restrictions set forth in Chapter 10 of the Town’s Code of Ordinances and state and federal law.

(3)  Activities and structures related to soil conservation, measurement and control including beach renourishment, beach reshaping, groin repair and improvement and dredging utilizing Town, state and federal permits.

(4)  Commercial fishing, shrimping and crabbing as allowed by SCDNR.

(5)  Directional markers, buoys or official signs of public agencies and navigational aids.

Big Bay Creek and Scott Creek

(1)  Piers, commercial and recreational docks in C2 or C3 districts with a maximum length extending into the waterways of  30% of the channel width at mean low tide

(2) Public utilities including, but not limited to electrical power, telephone, cable, gas and water lines.

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

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

(5) Boat refueling, repairs and rentals are permitted in C2 and C3 districts, provided facility designs include appropriate pollution control provisions to protect the adjacent waterways.

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

(7) Recreational water sports and charter tourism.

(8) 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.

(9) Private docks for personal use which do not exceed a maximum length extending into the waterways of   30 % of the channel width at mean low tide.

(10) 

(11) Private boat ramps are permitted for personal use in R1 District.  Commercial boat ramps are permitted in C2 and C3 districts.

(12)  Shoreline protection activities such as oyster shell replenishment and permitted   erosion control devices.

(13)  A marina which is used for docking or otherwise mooring vessels and constructed to provide temporary or permanent multiple boat docking space is permitted in C2 and C3 districts.   

Nonconforming piers and docks are declared by this chapter to be incompatible with permitted uses in this district. However, to avoid undue hardship, the lawful use of any pier or dock at the time of the enactment of this chapter may be continued even though such use does not conform with the provisions of this chapter except that the nonconforming pier or dock or portions thereof shall not be:

(1)   Changed to another nonconforming use;

(2)   Re-established after discontinuance of use or occupancy for a period of 90 days or more;

(3)   Repaired, rebuilt or altered after damage, unless reconstruction or repair has begun within six months after the damage is incurred and the total value of the damage is no more than 50% of the appraised value of the dock or pier;

(4)   Enlarged or altered in a way which increases its nonconformity;

(5)   Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such notification.

 

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