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All conventionally constructed homes located in the City of Dillon shall be built under inspection by the Building Inspector and shall comply with the applicable International Building Codes as adopted and amended by the South Carolina Building Code Council.
(Am. Ord. 07-18, passed 9-10-2007)
(A) Definitions.
In addition to the definitions which follow, words not defined herein shall have the meanings stated in the latest edition of the South Carolina Department of Social Services Regulations for Family Day Care Homes:
CAREGIVER means any person whose duties include direct care, supervision, and guidance of children in a family day care home.
CHILDCARE OPERATOR means the person ultimately responsible for the overall operation of the family day care home.
FAMILY DAY CARE HOME means a state licensed or approved registered facility within a residence occupied by the operator in which childcare is provided on a regular basis for periods of less than twenty-four (24) hours per day for no more than six (6) children, unattended by a parent or legal guardian, including those children living in the home and children received for childcare who are related to the resident caregiver.
INFANT means a child age twelve (12) months or younger.
MINOR CHILD means a person who has not reached the eighteenth birthday.
REGISTRATION means the process whereby all family day care homes are licensed/approved and regulated in accordance with the provisions of the latest edition of the South Carolina Department of Social Services Regulations and South Carolina Child Care Licensing Law for Family Day Care Homes.
RELATED means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree.
REGULARLY, OR ON A REGULAR BASIS: these terms refer to the frequency with which childcare services are available and provided at a family day care home in any one (1) week; these terms mean the availability and provision of periods of daycare less than twenty-four (24) hours per day in such week, in a place other than the child's or the children's own home or homes.
(B) Application Procedure.
Applications for family day care homes within a (R-7) Residential District shall be submitted for approval to the Zoning Board of Appeals and shall include the following information and any reasonable additional information requested:
(1) Childcare operator must own the property of the proposed day care location or provide a letter of approval from the property owner giving approval and authorization to the childcare operator to operate a family day care home at that location.
(2) The family day care home hours of operation must be reviewed and approved by the Board. No after dark operating hours are permitted.
(3) A clearly identified children's drop-off and pick-up zone must be identified.
(4) Off-street parking for employees and two (2) visitor slots are required.
(5) A Recreation Plan must be submitted to the Board. The Board will review the plan for location, visibility, congestion, safety and other factors. No outdoor recreation activities shall be permitted before 9:00 a.m.
(6) An exterior lighting plan must be submitted to, and approved by the Board.
(7) No activities associated with family day care homes, except drop-off and pick-up of children, may take place in the front yard of the day care location.
(8) Family day care home recreation activities must be located within the rear of the yard and enclosed by a brick, masonry, chain linked or other similar fence which cannot be buckled or moved by a seventy-five (75)-pound child running into the fence. Such fence must be constructed in such a way that will prevent a child from easily climbing over or going under the fence. The recreation area must be a minimum of four hundred fifty (450) square feet for one (1) to six (6) children.
(9) No external sign shall exceed one (1) square foot. Signs must be non-illuminated, non-animated and shall be attached to the house.
(10) The front of the family day care home must be landscaped to appear as a residence.
(11) The family day care home and grounds must be kept painted, moved and clean at all times.
(12) The color of the family day care home must be homogeneous with the neighborhood.
(C) Business License Required.
A business license is required prior to engaging in business as a family day care home. No business license shall be issued to a childcare operator of a proposed family day care home until the location has been approved by the Board of Zoning Appeals and a registered and/or licensed approval has been obtained from the South Carolina Department of Social Services for compliance with the regulations for family day care homes.
(D) Conflict with other Laws, Ordinances, Regulations and Restrictive Covenants.
Whenever the requirements made under authority of these regulations impose higher standards than are required in any statute or local ordinance or regulation or restrictive covenants, provisions of the regulations shall govern. Whenever the provisions of any other statute or local ordinance or regulation or restrictive covenants impose higher standards than are required by these regulations, the provisions of such statute or local ordinance or regulation or restrictive covenant shall apply.
(Ord. 09-10, passed 6-8-2009)
Bed and breakfast inns in accordance with the provisions of § 5-4-57-2 |
Boarding houses |
Cemeteries |
Churches and other places of worship |
Commercial horticulture or agriculture (excluding farm animals) |
Family day care homes in accordance with the provisions of § 5-4-57-14 (excluding childcare facilities such as childcare centers and group childcare homes engaged in business activities of providing daycare services) |
Group homes in accordance with the provisions of § 5-4-57-3 |
Home occupations in accordance with the provisions of § 5-4-57-4 |
Multi-family dwellings in accordance with the provisions of Title 5, Chapter 5, Land Development Regulations |
Private clubs for golf, tennis, swimming, and similar activities, provided all structures are set back from the property lines at least fifty (50) feet |
Public recreation uses or facilities |
Public utility substations and facilities, public utility easements |
Public and private schools |
Retirement homes, convalescent homes, and nursing homes |
Single-family detached dwellings |
Signs, in accordance with the provisions of § 5-4-57-5 |
Temporary uses, in accordance with the provisions of § 5-4-57-6 |
Two-family dwellings (duplexes) |
Cluster housing and townhouses in accordance with the provision of Title 5, Chapter 5, Land Development Regulations |
(Am. Ord. 02-11, passed 6-10-2002; Am. Ord. 07-18, passed 9-10-2007; Am. Ord. 09-11, passed 6-8-2009; Am. Ord. 16-14, passed 12-12-2016)
The following requirements shall apply to bed and breakfast inns:
(A) The property owner shall live at the inn;
(B) Not more than six (6) rooms shall be rented to guests;
(C) Meals shall be served to registered guests only;
(D) No cooking facilities shall be allowed in guest rooms;
(E) Only short-term lodging shall be provided; monthly rentals shall be prohibited;
(F) Use as a bed and breakfast inn shall produce no alteration or change in character or exterior appearance of the principal building from that of a dwelling;
(G) A sign is permitted, in accordance with the provisions of § 5-4-57-5;
(H) Parking is required, in accordance with the provisions of § 5-4-57-7.
Group homes are intended to provide living arrangements for mentally or physically disabled persons in a neighborhood environment. Group homes provide twenty-four (24) hour care for nine (9) or fewer persons and are approved or licensed by a state agency or department or under contract with an agency or department for that purpose. Residents of a group home are perceived as a natural family as if related by blood or marriage. Following are specific procedures for locating such a home:
(A) Prior to locating the home, the owner or operator must give prior notice to the local governing body advising of the exact site of the proposed home.
(B) The notice must identify the individual responsible for site selection.
(C) If the local governing body objects to the selected site, it must notify the individual responsible for site selection within fifteen (15) days of receiving the notice. It must also appoint a representative to assist in selecting a comparable, alternate site. This triggers the following actions:
(1) The site selection representative of the entity and the representative of the governing body must select a third, mutually agreeable person to assist with the selection.
(2) The three (3) people have forty-five (45) days to make a final site selection by majority vote.
(3) This final site selection is binding on both the proposing entity and the governing body.
(D) In the event no selection is made by the end of the forty-five (45) day period, the entity establishing the home shall select the site without further proceedings.
(E) An application for a variance is not required.
(F) The licensing agency must screen prospective residents of these homes to ensure that the placement is appropriate.
(G) The licensing agency shall conduct reviews of these homes at least every six (6) months to promote the rehabilitative purposes of the homes and to confine compatibility with their neighborhoods.
(H) If the City of Dillon determines that other requirements of this ordinance or other ordinances is violated by these procedures, it may apply to a court of competent jurisdiction for injunctive or such other relief as the court may consider proper.
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