(A) Words used in the present tense include the future tense.
(B) Words used in the singular include the plural and words used in the plural include the singular.
(C) The word “shall” is always mandatory.
(D) The word “may” is permissive.
(E) The word “structure” includes the word “building”.
(F) The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
(G) The word “used” or “occupied” as applied to any land or building shall be construed to include the words intended, arranged or designed to be used or occupied.
(H) The words “map”, “Zoning Map” or “Official Zoning Map” shall mean the Official Zoning Map of Calhoun Falls, South Carolina, and refers to all maps so titled and bearing the seal of the town together with the signature of the Mayor, as well as the date of adoption of this chapter, including applicable FIA Flood Hazard Boundary Maps for the town.
(I) The term “Planning Commission” refers to the Calhoun Falls Planning Commission.
(J) The terms “Town Council” or “Council” refers to the Town Council of Calhoun Falls, South Carolina.
(K) The term “Tax Assessor” refers to the Tax Assessor of Abbeville County.
(L) The term “county” refers to the Council or administration of Calhoun Falls, South Carolina.
(M) The term “Clerk/Treasurer” refers to the Clerk/Treasurer of Council for the Calhoun Falls Town Council.
(N) The term “Regional Council” refers to the Upper Savannah Regional Council of Governments and its staff.
(O) The term “Zoning Administrator” refers to the person subsequently and specifically designated by the Town Council and so employed and empowered as the Zoning Administrator for the town.
(P) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY. A use or building subordinate to the principal building on a lot and used for purposes customarily incidental to the main or principal use or building located on the same lot herewith.
ALLEY. A secondary way which affords access to the side or rear of abutting property.
ALTERATION OF BUILDING. Any change in the supporting members of a building (such as bearing walls, columns or girders), any addition or reduction to a building, any change in use or any relocation of a building from one location or position to another.
AUTOMOBILE SERVICE STATION. Buildings and premises on any parcel or lot where gasoline, oils and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicles parts, and also where the following services may be rendered and none other:
(a) Sale and servicing of spark plugs, batteries and distributors;
(b) Tire repair and servicing, but no re-capping;
(c) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper blades, windshield wipers, grease retainers and wheel bearings;
(d) Washing and polishing;
(e) Greasing and lubrication;
(f) Exchanging fuel oil pumps and installing fuel lines;
(g) Minor servicing and replacing of carburetors;
(h) Emergency wiring repairs;
(i) Adjusting and repair of brakes;
(j) Minor adjustment of engines, not involving removal of the head and/or crank case or racing the motor; and
(k) Sale of cold drinks and packaged foods, as accessory only to principal operation.
BOARDING HOUSE. A dwelling in which meals, but not lodging, are provided.
BUILDABLE AREA. The portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district within which the particular lot is located once the various front, side and rear yard requirements required for the district have been subtracted from the total lot area. For instructions related to the determination of BUILDABLE AREA, see § 151.126.
BUILDING. A structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support or enclosure of persons, animals or property of any kind.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which the building is situated.
BUILDING LINE. The line which represents the distance a building or structure must be set back from a lot boundary or a street right-of-way line or a street centerline according to the terms of this chapter. In all cases, the BUILDING LINES of a lot shall be determined to run parallel to and set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street centerlines or other lot boundary lines.
CAMPER. A mobile home, tent, trailer or other self-contained vehicle, designed for recreational purposes, made of metal or other materials, mounted on two or more wheels and either self-propelled or rigged for towing; provided, the vehicle is less than 30 feet in length and is not used for residential purposes within those portions of the town subject to the provisions of this chapter.
CARE HOMES. A rest home, nursing home, convalescent home, home for the aged or similar use established and operated on a profit or nonprofit basis to provide lodging and/or meals and/or domiciliary care for the aged, infirmed, chronically ill or convalescent persons.
CLINIC. An establishment where medical or dental patients, who are not lodged overnight, are admitted for examination or treatment.
CONDOMINIUM. See DWELLING, CONDOMINIUM.
DENSITY. The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements of this chapter are expressed in dwelling units per acre, that is, per acre of land devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, school grounds or other public uses.
DISTRICT. The term applies to various geographical areas of the town for purposes of interpreting the provisions of this chapter. The districts are designated with the use of symbols on the Official Zoning Map. Regulations controlling land use in the various districts within the county are set forth in §§ 151.050 through 151.062. The terms DISTRICT and ZONING DISTRICT are synonymous and are used interchangeably throughout this chapter.
DWELLING. A building or portion of a building arranged or designed to provide living quarters for one or more families. The terms DWELLING and RESIDENCE shall be interchangeable.
DWELLING ONE-FAMILY. A detached dwelling other than a mobile home designed for or occupied exclusively by one family on a single lot.
DWELLING. TWO-FAMILY. A dwelling arranged or designed to be occupied by two families in separate dwelling units living independently of each other on a single lot.
DWELLING, CONDOMINIUM. A building or series of buildings on the same lot or portions thereof containing more than one dwelling unit under separate ownership with joint ownership of common open spaces.
DWELLING, GROUP. A building or portion of a building occupied or intended for occupancy by several unrelated persons or families, but in which separate cooking facilities are not provided for the resident persons or families. The term GROUP DWELLING includes, but is not limited to, the terms “rooming house”, “apartment hotel”, “fraternity house”, “sorority house”, “Y.M.C.A.” or “Y.W.C.A.”. A hotel, motel or tourist home shall not be deemed to be a GROUP DWELLING, as herein defined.
DWELLING, MULTI-FAMILY OR MULTIPLE-FAMILY. A building or series of buildings on the same lot or portions thereof used or designed and rented as dwellings for three or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, TOWNHOUSE. One of a series of three or more attached one-family dwelling units on separate lots which:
(a) May or may not have a common roof;
(b) Shall not have a common exterior wall; and
(c) Are separated from each other by fire resistive party wall partitions extending at least from the lowest floor level to the roof.
DWELLING UNIT. One or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a basis involving owner occupancy or rental or lease on a weekly, monthly or longer basis with provisions for cooking, eating and sleeping, and physically set apart from any other rooms or dwelling units in the same structure or another structure.
DRIVE-IN. A retail or service enterprise oriented to automobile driving patrons wherein service is provided to the consumer on the outside and/or inside of the principal building. The term DRIVE-IN includes drive-in restaurants and dairy bars, theaters, banks, laundries, food stores or car washes.
EASEMENT. A grant by the property owner to any persons, firm or corporation or to the general public of the use of a strip or parcel of land for a specified purpose.
ENGINEER. A registered professional engineer in good standing with the State Board of Registration.
FAMILY. One or more persons occupying a single dwelling unit; provided that, no FAMILY shall contain over five persons unless all members are related by blood or marriage; but, further provided that, domestic servants employed on the premises may be housed on the premises.
FLOOD HAZARD ZONE or SPECIAL FLOOD HAZARD AREA. Any area of the town so designated by the Department of Housing and Urban Development as part of the County Flood Insurance Program on applicable FIA Flood Hazard Boundary Maps. The terms FLOOD HAZARD AREA or SPECIAL FLOOD HAZARD AREA are interchangeable.
GARAGE, PRIVATE. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.
GARAGE, REPAIR. Building and premises designed or used for purposes indicated under “automotive service station” and/or major commercial repairs; provided that, body work and painting shall be conducted within fully enclosed buildings; and, provided further that, self-propelled vehicles in process of repair shall be stored in a fully enclosed and secluded area.
HEALTH AUTHORITY. An authorized representative of the County, District or State Health Department.
HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and no person, not a resident on the premises, is employed specifically in connection with the activity, except that not more than one assistant may be employed by the following HOME OCCUPATIONS: lawyer, physician, dentist and chiropractor. Provided further that, no mechanical equipment is installed or used, except such as is normally used for domestic or professional purposes and that not over 25% of the total floor space of any structure is used for HOME OCCUPATIONS.
HOTEL. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word HOTEL includes the terms “motel” and “tourist court”.
JUNK OR SALVAGE YARDS. The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage or scrap materials; or the dismantling, demolition or abandonment of automobiles and other vehicles, machinery, equipment or parts thereof.
LOADING SPACE OFF-STREET. Space logically and conveniently located for pickups and deliveries off public rights-of-way, scaled to delivery vehicles expected to be used and accessible to the vehicles when required off-street parking spaces are filled.
LOT. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of the county. The terms LOT, PLOT, LOT OF RECORD, PARCEL, PROPERTY, SITE or TRACT, whenever used in this chapter, are interchangeable.
LOT, CORNER. A lot located at the intersection of two or more streets.
LOT, DOUBLE FRONTAGE. A lot which has frontage on more than one street; provided, however, that, no corner lot shall qualify as a double frontage lot unless the corner lot has frontage on three or more streets.
LOT, INTERIOR. A lot, other than a corner lot, which has frontage on only one street other than an alley.
LOT DEPTH. The mean horizontal distance between front and rear lot lines.
LOT OF RECORD. See LOT.
LOT WIDTH. The distance between side lot lines measured at the front building line.
MOBILE HOME. Any vehicular or similar portable structure in excess of 30 feet in length having portable wheels, jacks or skirtings and so designed or constructed as to permit single-family occupancy for dwelling or sleeping purposes. The term MOBILE HOME includes the term “house trailer”.
MOBILE HOME PARK. Premises where two or more mobile homes are parked for living or sleeping purposes, or where spaces are set aside or offered for sale or rent for use for mobile homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of mobile homes on the premises.
MOBILE HOME SPACE. A plot of ground within a mobile home park designed for the accommodation of one mobile home.
MOBILE HOME SUBDIVISION. A unified development of mobile home lots, shown on a subdivision plat, approved by the Planning Commission and filed for record.
MOTEL. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word MOTEL includes the terms “hotel” and “tourist court”.
NONCONFORMING USE. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this chapter or as the result of subsequent amendments to this chapter.
PARCEL. See LOT.
PARKING LOT.
(a) Any public or private open area used for the expressed purpose of parking automobiles and other vehicles, with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use.
(b) Otherwise,
PARKING LOTS may be the principal use on a given lot or an accessory use in the principal use on a given lot.
PARKING SPACE. A space within a parking lot or on a single-family dwelling lot expressly provided for purposes of parking an automobile or other vehicle.
PLOT. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of the county. The terms LOT, PLOT, LOT OF RECORD, PARCEL, PROPERTY, SITE or TRACT, whenever used in this chapter, are interchangeable.
PREMISES. A lot or other tract of land including the buildings or structures thereon.
PROPERTY. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of the county. The terms LOT, PLOT, LOT OF RECORD, PARCEL, PROPERTY, SITE or TRACT, whenever used in this chapter, are interchangeable.
RESIDENCE. A building or portion of a building arranged or designed to provide living quarters for one or more families. The terms DWELLING and RESIDENCE shall be interchangeable. See DWELLING.
SERVICE STATION. See AUTOMOBILE SERVICE STATION.
SIGN. Every sign, billboard, poster panel, free-standing ground sign, roof sign, projecting sign, pylon sign, illuminating sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public, traveling along a public street right-of-way.
SITE. See LOT.
SPECIAL EXCEPTION. A use so specifically designated in this chapter that would not be appropriate for location generally or without restriction throughout a given zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would, in the opinion of the Board of Appeals, promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and ceiling next above it.
STORY, HALF. A story in which one or more exterior walls intersect a sloping roof not more than two feet above the floor of the STORY.
STREET. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
STREET CENTERLINE. The line surveyed and monumented by the governing body shall be the centerline of a street or in the event that no centerline has been so determined, it shall be that line running midway between and parallel to the general direction of the outside right-of-way lines of the streets.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. A BUILDING is a STRUCTURE.
SUBDIVISION. A tract parceled into two or more lots for purposes of resale.
SURVEYOR. A registered land surveyor in good standing with the State Board of Registration.
TOURIST HOME. A dwelling in which sleeping accommodations in less than ten rooms are provided or offered for the use of guests in return for compensation, and meals may or may not be offered. Any dwelling in which the accommodations are offered in ten or more rooms shall be deemed to be a hotel, as herein defined. The use of a dwelling as a TOURIST HOME shall not be considered an accessory use, nor a customary home occupation.
TOWNHOUSE. See DWELLING, TOWNHOUSE.
TRAILER. Any vehicle or structure capable of moving, or being moved, over streets and highways on its own wheels or on flat beds or other carriers, which is designed or utilized to:
(a) Provide temporary or permanent quarters for the conduct of a business, profession, trade or occupation;
(b) Serve as a carrier of people, new or used goods, products or equipment; and
(c) Be used as a selling, advertising or display device.
TRAILER, HOUSE. Interchangeable with the term MOBILE HOME.
USE, ACCESSORY. See ACCESSORY.
USE, PRINCIPAL. The primary purpose for which a lot is occupied and/or used.
VARIANCE. A modification of the strict terms of this chapter granted by the Zoning Board of Appeals where the modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of this chapter would result in unnecessary and undue hardship, and where the modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.
YARD. A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky, except where encroachments and accessory buildings and structures are expressly permitted.
YARD, FRONT. A yard situated between the front building line and the front lot line extending the full width of the lot.
YARD, REAR. A yard situated between the rear building line and the rear lot line extending the full width of the lot.
YARD, SIDE. A yard situated between a side building line and a side lot line and extending from the required front yard to the required rear yard. In determining the situation of accessory structures, the SIDE YARD shall be assumed to extend through the rear yard to the rear lot line.
(Ord. 97-04, passed 12-19-1996)