§ 5-5-11 DEFINITIONS.

   When used in this chapter, the following words and terms shall have the meaning indicated. Words and terms not herein defined shall have their customary dictionary definitions. The term SHALL is mandatory. When not inconsistent with the content, words used in the singular number include the plural and those used in the plural number include the singular. Words used in the present tense include the future.

   APPLICANT. The owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.

   BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.

   BONDING. Any form of a surety bond in an amount and form satisfactory to the City of Dillon Government. All bonds shall be approved by the City of Dillon Council whenever a bond is required by these regulations.

   BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, chattels, processes, equipment or property.

   BUILDING LINE. A line beyond which no foundation, wall, or part of the structure of any building shall project, with the exception of subsurface projection of footings.

   BUILDING PERMIT. A document or certificate issued by the City of Dillon authorizing construction, enlargement, alteration, moving of, or demolition of a building, or structure.

   CERTIFICATE OF OCCUPANCY. A certificate of approval for occupancy issued after final inspection of a building by the applicable city official. Such a certificate must be obtained from the city before a building or structure can be lawfully occupied.

   COMMON OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his/her family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

   COMPREHENSIVE PLAN. Any legally adopted part or element of the Comprehensive Development Plan of The City of Dillon, South Carolina and its environs. This plan may include, but is not limited to, the Zoning Ordinance, Land Development Ordinance, Community Facilities Plan, Capital Improvement Plan and Land Use Plan.

   CROSSWALK. A right-of-way (within a block) ten (10) feet or more in width, dedicated for public use, and intended for pedestrian access to adjacent land areas.

   CUL-DE-SAC. A local road, with one end open to traffic and the other end terminated with a planned vehicular turnaround. Cul-de-sac length shall not exceed one thousand (1,000) feet.

   DENSITY. The number of dwelling units per net acre of developed land, excluding land devoted to streets, alleys, parks, playgrounds, schools, or other public uses.

   DESIGN CRITERIA. Standards that set forth specific improvement requirements.

   DEVELOPER. An individual, partnership or corporation (or agent therefor) who is responsible for any undertaking that requires review and/or approval under these regulations.

   DHEC. South Carolina Department of Health and Environmental Control or its successor agency.

   DWELLING. Any building used or intended for human habitation, including any permitted home occupation, but excluding hotels, motels, boarding houses, and tourist courts.

      DWELLING (ONE-FAMILY OR SINGLE-FAMILY). A detached dwelling, other than a manufactured home, designed for or occupied exclusively by one family on a single lot.

      DWELLING (TWO-FAMILY OR DUPLEX). A detached dwelling, other than a manufactured home, containing two (2) separate dwelling units, commonly known as a duplex. These dwellings may be rental units or owner-occupied, and generally the common areas are under one roof.

      DWELLING (GROUP). A group of two (2) or more principal structures built on a single lot, parcel or tract of land and designed for occupancy by separate families.

      DWELLING (MULTIPLE). A dwelling occupied by three (3) or more families or living units where the common areas are under one ownership. Examples of multi-family dwellings include apartments, condominiums, cooperatives, and similar structures.

      DWELLING UNIT. A dwelling containing one (1) or more rooms, commonly with cooking and bathroom facilities, intended as a place of residence for one family.

   EASEMENT. A grant by a property owner for the use, for a specific purpose, of a strip or parcel of land. Such grant may be made to and accepted by the general public, a corporation, or a certain person or persons.

   ENGINEER. A registered professional engineer in good standing with the State Board of Registration for Professional Engineers and Land Surveyors. The terms practice of engineering, engineering services, work performed by an engineer, or any similar term within the intent of this ordinance, requiring the services of a professional engineer, shall mean any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with specifications and design in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects.

   FLOOD. A general and temporary condition of partial or complete water coverage of normally dry land area because of the accumulation or runoff of surface waters from any source.

   FLOODPLAIN. Land areas adjoining a river, stream or water course which are subject to a one percent (1%) or greater chance of flooding in any given year, which areas are more specifically established by the Federal Emergency Management Agency in its Flood Insurance Study for The City of Dillon dated July 5, 1982.

   FLOODWAY. The channel of river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one hundred (100) year flood without cumulatively increasing the water surface elevation more than one (1) foot at any point.

   LAND DEVELOPMENT. The changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, apartment complexes, commercial parks, shopping centers, industrial parks, manufactured home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.

   LOT. A single parcel or tract of continuous land intended as a unit for transfer of ownership, or for building development, or both.

      AREA. The total gross area of the lot excluding the street right-of-way. Minimum lot sizes to be determined in accordance with the Zoning Ordinance.

      CORNER. A lot with frontage on each of two (2) intersecting roads located at the point of intersection.

      DEPTH. The mean horizontal distance between the front and rear property lines.

      DOUBLE FRONTAGE LOT. A parcel having frontage on two (2) or more roads which is not located at any intersection of such roads.

      EXISTING LOT OF RECORD. A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat prior to the effective date of this ordinance.

      FLAG LOT. A lot with access provided to the bulk of the lot by means of a narrow corridor.

      LOT WIDTH. The horizontal distance between the side lot lines at the building setback line measured parallel with the front lot line or in the case of a curvi-linear road measured parallel to the chord of the arc between the intersection of the side lot lines and the road right-of-way line.

   MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of eleven (11) or more lots, or any size subdivision requiring any new road or extension of the local government facilities or the creation of any public improvements.

   MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Note: Manufactured home and mobile home are used interchangeably throughout this document.

   MINOR SUBDIVISION. Any subdivision containing not more than ten (10) lots fronting on an existing publicly maintained or accepted road, not involving any new road, or the extension of public facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of these regulations or other applicable ordinance.

   MOBILE HOME. A detached, single-family dwelling built prior to June 15, 1976 designed for long-term occupancy, designed to be transported on wheels, arriving at the site in sections or as a complete dwelling unit, usually including major appliances and furniture, and ready for occupancy. Removal of the wheels and placement of a foundation does not change the mobile home classification. A travel trailer is not a mobile home. Note: Manufactured home and mobile home are used interchangeably throughout this document.

   MOBILE/MANUFACTURED HOME PERMIT. A document or certificate issued by the City of Dillon authorizing the placement, alteration, or moving of a mobile home or manufactured home.

   MOBILE/MANUFACTURED HOME SUBDIVISION. A parcel of land which has been planned, subdivided and improved, for sale or transfer, to receive the placement of mobile or manufactured homes for nontransient use.

   MODULAR HOME. A structure consisting of two (2) or more prefabricated components designed to be transported to a lot and placed on a permanent foundation, and which is certified by the South Carolina Building Codes Council as conforming to Southern Building Code standards for site built units. A mobile home, house trailer, or manufactured home is not a modular building.

   NON-RESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.

   OPEN SPACE SITE. A tract of land provided in residential subdivisions to meet the local recreational needs of residents. Such tracts may include play areas, small parks, natural woods and areas of unusual scenic beauty.

   OWNER. The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definition of same ownership.

   OWNER'S ENGINEER. The engineer registered and in good standing with the S.C. Board of Registration for Professional Engineers and Land Surveyors who is the agent of the owner of land which is proposed to be subdivided, or which is in the process of being subdivided.

   OWNER'S LAND SURVEYOR. The land surveyor registered and in good standing with the S.C. Board of Registration for Professional Engineers and Land Surveyors who is the agent of the owner of land proposed to be subdivided, or which is in the process of being subdivided.

   PARKING, OFF-ROAD. An area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public road arranged so that no maneuvering incidental to parking shall be on any road.

   PARKS. Lots or parcels of land devoted to recreational pursuit, both active and passive. Facilities can range from open landscaped areas to tot lots, playgrounds, neighborhood parks, and playfields. This definition specifically excludes commercially operated amusement parks, and similar facilities.

   PLANNING COMMISSION. The Planning Commission of the City of Dillon, South Carolina.

   PLAT. A map or drawing which is an accurate graphical representation of a subdivider's plan for subdivision.

      SKETCH PLAN. A simple sketch of a proposed subdivision layout, showing roads and other principal features.

      PRELIMINARY PLAT. A drawing which shows the proposed layout of a subdivision in sufficient detail to indicate its workability in all aspects.

      FINAL PLAT. An as-built plat of a tract of land which meets the requirements of these Regulations and is in final form for recording in the offices of the Dillon County Registrar of Deeds (Clerk of Court).

   PRIVATE ROAD. A road is private unless its right-of-way has been dedicated to and accepted by the state or the governing authority of the City of Dillon. All such non-dedicated roads must be indicated as such prior to subdivision approval. Maintenance arrangements for such roads must be stated in writing on subdivision plat submittals. All private roads shall meet the same design and construction standards required of comparable public roads. The developer shall install and maintain signs which meet the City of Dillon specifications at the beginning of private roads which state State/City Maintenance Ends. All required signs must be installed prior to final plat approval.

   PUBLIC ROAD. This means, relates to, and includes the entire right-of-way of roads, avenues, boulevards, streets, highways, freeways, lanes, courts, thoroughfares, collectors, minor roads, cul-de-sacs and other ways considered public and both dedicated to and accepted by the state or governing authority of the City of Dillon.

      ARTERIAL ROAD. A major road that serves as an avenue for circulation into, out of, or around the city.

      COLLECTOR ROAD. A road that has the primary purpose of intercepting traffic from intersecting local roads and handling movements to the nearest arterial road. A secondary function is to provide direct access to abutting properties.

      LOCAL ROAD. A road that has the primary purpose of providing access to abutting properties.

   SANITARY SEWER. A constructed conduit connected with or as a sewer system for the carrying of liquids and solids other than storm waters to a sanitary treatment facility.

   SEPTIC SYSTEM. A system for the treatment and disposal of domestic sewage by means of a septic tank and a soil absorption system. All such systems are subject to the review and approval of the South Carolina Department of Health and Environmental Control.

   SETBACK LINE. The depth and width of any required open space; the minimum distance between any building and an adjacent lot, or street; the setback is required to be unoccupied and unobstructed by any building or structure except for walls or fences, flagpoles, clothes lines, bird houses, utility rights-of-way, and other yard accessories. Setback areas are measured from the applicable property or lot line or the street. Where no road right-of-way exists, a minimum distance of thirty three (33) feet from the road centerline shall apply.

   SUBDIVIDER. Any person, firm, corporation, or other legal entity subdividing land within the jurisdiction of this ordinance.

   SUBDIVISION. All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose, whether immediate or future, of transfer, sale, lease, or building development, and includes all divisions of land involving a new road or a change in existing roads, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any roads or the establishment of any new roads within any subdivision previously made and approved or recorded according to law as well as combinations of lots of record. The following exceptions are included within this definition only for the purpose of requiring that the City of Dillon Planning & Zoning Commission be informed and have a record of such subdivisions:

      (1)   The combination or recombination of portions of previously platted lots where the total number of lots have not increased and the resultant lots are equal to the standards of the governing authority.

      (2)   The division of land into parcels of five (5) acres or more where no new street is involved and plats of these exceptions must be received as information by the planning agency which shall indicate that fact on the plats; and

      (3)   The combining or recombining of entire lots of record where no new street or change in existing streets is involved.

      All previously platted subdivisions which are not in compliance with the standards contained in this ordinance upon adoption must be brought into compliance prior to development when:

      (1)   Construction of structures has not been completed on at least 50 percent (50%) of the proposed lots; and

      (2)   Installation of utilities has not been completed to at least 50 percent (50%) of the proposed lots.

(Am. Ord. 02-05, passed 4-8-2002; Am. Ord. 02-08, passed 6-10-2002)

   SURVEY. The orderly process of determining data relating to the physical characteristics of the earth, which may be further defined according to the type of data obtained, the methods and instruments used, and the purpose(s) to be served.

      BOUNDARY SURVEY. A survey, the primary purpose of which may include, but is not limited to, the determining of the perimeters of a parcel or tract of land by establishing or reestablishing corners, monuments, and boundary lines for the purpose of describing, or platting or dividing the parcel.

      CLOSING/LOAN OR MORTGAGE SURVEY. A boundary survey of a parcel or lot which includes all improvements obvious and apparent found on the property, to be used in the preparation of a mortgage, loan or deed document.

      GEODETIC SURVEY. A survey of areas and points affected by and taking into account the curvature of the earth and astronomic observations.

      HYDROGRAPHIC SURVEY. A survey having for its principal purpose the determination of data relating to bodies of water, and which may consist of the determination of one or several of the following classes of data: depth of water and configuration of bottom; directions and force of current; heights and times and water stages; and locations of fixed objects for survey and navigation purposes.

      SITE SURVEY. A survey performed to obtain horizontal and/or vertical dimensional data so that the constructed facility may be located and delineated.

      TOPOGRAPHICAL SURVEY. A survey of the natural and selected man-made features of a part of the earth's surface by remote sensing and/or ground measurements to determine horizontal and vertical spatial relations.

   SURVEYOR. A registered land surveyor in good standing with the State Board of Registration for Professional Engineers and Land Surveyors. The terms practice of land surveying, land surveying, the preparation or submission of plats, or other related terms within the meaning and intent of this ordinance shall include measuring and locating lines, angles, elevations, natural and manmade features in the air, on the surface of the earth, with underground workings, or on the beds or bodies of water for the purpose of determining areas and volumes, for the monumenting or marking of property boundaries and for the platting and laying out of lands and subdivisions thereof, including the topographic alignment and grades of streets and for the preparation of maps, plats and property descriptions that represent the surveys.

   TERRAIN CLASSIFICATIONS. Classification of terrain by grade ranges as follows:

 

Level	Grade range of 0% to 8%
Rolling	Grade range of 8.1% to 15%
Hilly	Grade range of over 15%

 

   TRANSFER OR SALE OF LOTS. Any agreement to transfer or sell or negotiate to transfer or sell land(s) to be subdivided by reference to, or exhibition of, or by other use of a plat of subdivision of such land. Any such agreement, negotiated before such plat has been approved by the City of Dillon Planning Commission and recorded by the Dillon County Clerk of Court shall be considered a violation of this ordinance and punishable as provided herein. The description of metes and bounds in the instrument of transfer or other documents used in the process of selling or transfer shall not exempt the transaction from these penalties. The City of Dillon may enjoin such transfer or sale or agreement by appropriate action.

   TRANSIENT. Shall refer to a structure which is not permanent in nature. Such uses are temporary and are not intended to stay in place for more than ninety (90) consecutive days.

   UTILITIES. Utilities shall consist of any and all utility services to a subdivision, including water, electricity, telephone, cable television, gas, and sanitary sewerage, whether such utilities are supplied by a private individual, private company, or a governmental entity.

   VARIANCE. A variance is a relaxation of the terms of the zoning chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.

   YARD, REQUIRED. The open space between a lot line and the building area within which no structure may be located except as otherwise provided in this chapter. All yards referred to in this chapter are minimum required yards.

      YARD (FRONT). A FRONT YARD is an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the front line of the lot and the front line of the building projected to the side lines of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the property line; covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required yard.

      YARD (REAR). A REAR YARD is an open space on the same lot with the main building unoccupied except as hereinafter permitted, extending the full width of the full lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the REAR YARD shall be measured between the rear line of the lot, or the center line of the alley, if there be an alley, and the rear line of the building.

      YARD (SIDE). A SIDE YARD is an open, unoccupied space on the same lot with the main building, situated between the side extending from the rear line of the front yard to the front line of the rear yard. If there be no front yard, the front boundary of the SIDE YARD shall be the front line of the lot; and if there be no rear yard, the rear boundary of the SIDE YARD shall be the rear line of the lot.