(A) Conditions unlawful. The existence of any of the following conditions on any lot or parcel of land within the zoning jurisdiction of the city is hereby declared to be unlawful and a violation of the provisions of this section:
(1) All fences, retaining walls or similar landscape features that are not firmly anchored to the ground, maintained in good structural condition and appearance, or free of deterioration. Wooden or other fence features subject to deterioration or weathering shall be properly maintained to retard deterioration or provide protection from the weather. Deteriorated features shall be replaced or repaired, or if not otherwise required to be maintained by the City of Dillon Code of Ordinances, shall be completely removed.
(2) Any of the following conditions in open places (for purposes of this section, "open places" are defined as areas of properties or portions thereof that are open to the exterior, including building openings of residential dwelling units, such as carports or porches, and any other exterior portions of properties ordinarily exposed to the outside and/or public view, including front, side and rear yards).
(a) Any litter consisting of man-made and used materials which are scattered, cast, thrown, blown, placed, swept, or deposited anywhere on a persistent, continuous or ongoing basis so as to accumulate on any property in open places. The owner and occupant of any dwelling unit shall exercise reasonable diligence at all times to keep exterior premises clean of litter, including glass, bottles, waste paper, wrapping paper, paper napkins, cartons, package containers, and other used or waste materials intentionally or unintentionally scattered, discarded, thrown, or haphazardly left on such premises on a continuous basis, and to prevent same from drifting or blowing to adjoining premises by removing such waste or ensuring that same is placed in approved refuse containers and/or locations for collection by the city as specified in Title 6, Chapter 2 of the City Code.
(b) Any concentration of unusable building materials, including concrete, steel or masonry, which due to deterioration or age are no longer suitable for building construction, alterations or repair, and which are in open places.
(c) Any new and/or worn-out, deteriorated or abandoned household or office furniture, appliances or other similar products of any kind which are kept in open places.
(d) Any products with jagged edges of metal or glass which are kept in open places.
(e) Any junk, waste materials, unusable building material, trash, garbage, oily rags, barrels, cans, papers, bricks or brickbats and other litter, refuse, rubbish or combustible materials which is scattered, cast, placed or deposited in a yard or yards, so as to constitute an accumulation in an open area.
(Am. Ord. 99-15, passed 8-9-1999)
(A) Junk, including but not limited to, deteriorated, unusable or inoperative furniture, appliances, machinery, equipment, building materials, worn out and disused automobiles or parts, tires, or any other man-made items which are either in whole, or in part, wrecked, junked, disused, worn out, dismantled or inoperative.
(1) Storage of junk shall only be allowed on any properties used for nonresidential purposes if in compliance with all other city codes, or if not addressed by a city code, completely enclosed within a building or otherwise evenly placed or neatly stacked and concealed by a solid fence, cover or other means so as to not be visible at the property line from abutting properties or a public street.
(2) Storage of junk shall only be allowed on any property used for residential purposes if completely stored in an enclosed building or limited to one hundred (100) square feet in area and completely concealed by a solid fence, cover or other means so as not to be visible at the property line from abutting properties or a public street, concentrated in one (1) area within the rear yard and neatly arranged or stacked so as not to exceed six (6) feet in height.
(3) Whether stored on a residential or nonresidential property such storage of junk shall be maintained in such a manner as to prevent overgrown grass or weeds or an infestation of wild animals, reptiles and rodents.
(B) Usable building materials, unless (I) permitted as an authorized storage in the Code of Ordinances of the City of Dillon, or (ii) stored on any nonresidential lot, or (iii) if stored on any nonresidential lot where construction has stopped or never commenced for a period of one (1) year and there is not a current, valid outstanding building permit issued for construction on the residential lot, such storage is inside a completely enclosed building (if otherwise permitted on the lot) or placed in the rear of the lot and stored in accordance with § 5-10-2 as set forth above.
(C) Construction fill materials, unless such materials are: 1) stored in a level, safe manner, 2) placed in gently sloped mounds, for a period of time not to exceed twelve (12) months, or 3) approved by the Code Enforcement Director as a reasonable landscape feature evidenced by a comprehensive landscape plan showing such features for legitimate landscape purposes as part of the total development of the lot.
(D) Firewood, except when such storage is neither in excess of a total area of one hundred (100) square feet nor stacked to a height more than six (6) feet above the ground.
(Am. Ord. 99-15, passed 8-9-1999)
(A) Intention. This section is intended to regulate the clearing or removal of woody vegetation of land within the city for the purpose of preserving the aesthetic appeal of the cityscape, prevent the creation of potential fire hazards, and to define the responsibility for removing cleared vegetation and woody debris. This section is not intended to prohibit agricultural, silviculture, horticulture or nursery operations within the city.
(B) Exemptions. The regulations set forth herein shall apply to all real property within the city limits of Dillon, subject to the following exemptions as noted below. Application for exception must be made to the Office of Code Enforcement for the city prior to the commencement of operations.
(1) Residential Exemption. Lots equal to or less than one (1) acre that are zoned Single-Family Residential or Single and Two-Family Residential or used exclusively for single-family detached or duplex dwelling, shall be exempt.
(2) Agricultural Exemption. Bona fide agricultural operations to clear land for the purpose of conversion to agricultural operations are exempt, provided such activity is included in a Conservation Plan written by the National Resource and Conservation Service (NRCS).
(3) Silvicultural Exemption. Bona fide forest management operations to harvest trees and to subsequently prepare the site fore reforestation are exempt, provided:
(a) Such activity is in compliance with current Best Management Practices (BMP’s) for the activity.
(b) Such activity is included in a Forest Management Plan written by a S.C. Registered Forester or a Woodland Conservation Plan written by the NRCS. In the case of clear-cut timbering operations, the Forest Management Plan shall also include provisions for reforestation to acceptable forest management standards by planting or natural regeneration methods within three (3) years following the clear-cutting operation.
(c) The land on which the activity is conducted is currently classified for agricultural use valuation by Office of the Tax Assessor for Dillon County and has been so classified for the previous two years.
(d) All dead or dying trees over four (4) inches DBH within the property shall be felled in place or safely removed.
(e) Where clear cutting is involved, a fifty (50) foot border of undisturbed live vegetation and trees is maintained along public right-of-way. Dead or dying trees are to be pulled, felled or otherwise removed to the tract or parcel interior, away from the fifty (50) foot border area.
(4) Wetlands Mitigation. The mitigation of wetlands pursuant to a development order or approved plan from, and the requirement of, the Army Corps of Engineers and/or any other S.C. government body administering the regulation of wetlands shall be exempt from this section.
(5) Commercial Nursery Operations. Clearing land related to operations to grow, maintain, and produce plants and trees for commerce are exempt from this provision provided such operation meets the current zoning requirements.
(6) Airports. Clearing land for the purposes of providing safe clearance for aircraft as required by federal law or the establishment of facilities exclusively dedicated to safety of aviation operations are excluded from this section.
(7) Utilities. Land clearing for the purpose of constructing and maintaining easements or facilities for water, sewer, electricity, gas, drainage, telephone or television transmissions or right-of- way shall be exempt from the provisions of this section.
(8) Other Considerations. Nothing in this section shall be construed to prevent the cutting, trimming, maintenance and removal of trees or woody vegetation for the purpose of eliminating, reducing, or mitigating hazards to public safety.
(C) Site Clearing Restrictions.
(1) Any property of greater than one (1) acre in size that is cleared of all vegetation must be approved by the Department of Code Enforcement for the city prior to the commencement of land clearing operations.
(2) All cleared vegetation must be removed from the site or mulched in place within six (6) months following the site clearing operation. The Department of Code Enforcement may grant an extension of no more than three (3) additional months at its discretion.
(3) The expense of removal, disposal, or mulching of cleared material shall be the responsibility of the clearing contractor.
(4) No piling or windrowing of cleared debris shall be permitted.
(5) Removal or demolition of structures shall be made in compliance with existing ordinances.
(6) Any residual trees in unhealthy or difficult to maintain condition that would likely constitute a hazard to the public are to be felled, mulched or removed.
(7) Heritage trees with the tract or parcel and trees growing within the vegetation areas of bordering public right-of-way are subject to the City Tree Ordinance.
(Ord. 08-17, passed 7-14-2008)