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(A) Animal carcasses and any processing activities related to the use must be screened from view from road rights-of-way and adjacent property lines, either by storage in an enclosed structure or by an opaque screen as provided in § 153.183 - Screening.
(B) All animal remains must be discarded per applicable state regulations.
(C) All hazardous materials associated with the use must be stored in an enclosed structure.
(D) There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive to a person of normal sensibilities at the property line or right-of-way.
(Ord. 06-11-16, passed 9-21-2016)
Mobile food trucks or trailers shall meet the following requirements where conditionally permitted as a temporary use. Properly licensed ice cream trucks are exempted from these requirements, except as provided in other local or state regulations.
(A) Location. Mobile food trucks or trailers must be located on private property unless approved by the county as part of a special event. Written consent by the private property owner must be obtained and displayed or readily available in the vehicle at all times.
(B) S.C. DHEC Requirements. Mobile food trucks or trailers must meet all applicable South Carolina Department of Health and Environment Control requirements.
(C) Sales. Mobile food truck or trailer sales are limited to food and non-alcoholic beverages.
(D) Noise. No amplified or other loud sounds or music may be produced by or from the truck or trailer to attract customers, for entertainment, or other purposes.
(E) Supervision. The mobile food truck or trailer must be occupied by the owner or operator thereof at all times during operation.
(F) Mobile food trucks or trailers must meet the following conditions.
(1) Hours of operation are limited to 7:00 a.m. to 9:00 p.m. Overnight parking of a mobile food truck at a vending site is not permitted. Mobile food trucks or trailers and all associated equipment, refuse containers, and other materials must be removed from the temporary location before 9:30 p.m.
(2) Mobile food trucks or trailers must be at least 100 feet from the principle public entrance or associated outdoor dining area of any established "brick-and-mortar" restaurant, unless written permission is obtained from the restaurant owner to locate closer than 100 feet. Such written permission must be displayed or readily available in the food truck at all times.
(3) Mobile food trucks or trailers must be at least 100 feet from any residential use or primarily residential zoning district (RS, RSV, RSM, and RG).
(4) No structures, tables, or chairs are allowed outside of the vehicle, except for awnings that are attached to the food truck or trailer and can be removed or retracted.
(5) The exterior of the mobile food truck or trailer shall be maintained in good, clean, and safe condition and free of excessive wear or damage.
(6) Signs must be securely attached to or painted on the mobile food truck or trailer.
(7) On-site food preparation must be performed inside the mobile food truck or trailer. No grills or other cooking facilities are allowed outside of the truck or trailer.
(8) Refuse containers adequate to contain trash and recyclables produced by the use must be provided by the operator. Liquid waste must be collected and contained in the vehicle. Solid and liquid waste must be disposed of off-site at a municipal, county, or other approved collection site.
(9) The area utilized by the mobile food truck or trailer and its customers must be maintained in a clean, attractive, and safe condition at all times.
(10) For any location where the mobile food truck or trailer is proposed to stay for two or more hours, the vendor must provide access to toilet facilities for employees, including the vendor/ operator/owner.
(11) Mobile food trucks or trailers shall not operate in loading zones, public rights-of-way, sidewalks, or alleys, or obstruct or impede traffic flow or access to neighboring businesses, residences, or other uses.
(12) Access to adequate parking for the use must be provided, to include no less than three parking spaces. Additional parking may be required by the Zoning Administrator. Mobile food trucks or trailers shall not be parked in a way that occupies required handicapped parking or interferes with the flow of traffic in parking lots.
(Ord. 12-23-18, passed 2-6-2019)
SPECIAL EXCEPTION REGULATIONS
The requirements of this subchapter shall apply to all special exceptions listed in § 153.073(D) - Zoning District Table of Permitted Uses, as applicable. Requests for a special exceptions shall be submitted to the Zoning Administrator and reviewed by the Board of Zoning Appeals, per the requirements of § 153.053 - Special Exceptions. Conditions imposed on conditional uses shall also be imposed on special exceptions, where applicable, for the same use and in the same manner.
(Ord. 06-11-16, passed 9-21-2016)
In addition to single-family residential and agricultural uses, certain light commercial and industrial and substantially similar uses including uses in the healthcare, government, information, professional/office, transportation, and utilities use categories are considered to be appropriate for a rural area and as such may be allowed in the R2 district as listed in § 153.073(D) - Zoning District Table of Permitted Uses, provided the conditions as listed in § 153.089 - R2 Rural Conditional Uses are met. If the single structure or combination of structures to be included in the proposed non-residential use exceeds 3,000 square feet in gross floor area, it must be permitted by special exception, provided the Board of Zoning Appeals finds that the conditions provided in § 153.089 - R2 Rural District Conditional Uses are met, in addition to applicable considerations as provided in division (A).
(A) Additional considerations for approval by special exception shall include, but are not limited to:
(1) Proposed size of the structure;
(2) Proposed location of the structure;
(3) Type of and classification of use proposed;
(4) Distance to existing residences or residentially zoned properties;
(5) Hours of operation, to include deliveries and shipping;
(6) Projected number of employees for largest shift.
(7) Probable sensory impacts to neighboring properties including, but not limited to: noise, odor, vibration, light and glare;
(8) Primary vehicular access on a paved arterial or collector road; and
(9) Traffic impacts including, but not limited to: deliveries, shipping, customers, and workers.
(Ord. 06-11-16, passed 9-21-2016)
Multi-family buildings and developments shall meet the following requirements where permitted by special exception.
(A) A minimum setback of 100 feet is required from all property lines and the road right-of-way.
(B) A buffer of at least 50 feet in width is required along the side and rear property lines.
(C) Primary vehicular access to the multi-family building/development must be from a paved arterial or collector road.
(D) Maneuvering of associated vehicles of any size must be accommodated by and occur on the associated property.
(E) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site. Access drives to all dwellings shall be of sufficient width to allow access by emergency vehicles.
(F) All off-street parking areas and driveways must be paved with asphalt, concrete, brick pavers, or permeable pavements including interlocking paving systems and porous pavement as approved by the Zoning Administrator.
(G) A minimum of 20% of the development site area shall be designated as open space and shall meet the requirements of § 153.185 - Open Space.
(H) The use will not substantially injure the value of adjoining properties.
(I) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(J) Additional conditions may be imposed to ensure that the use will not create a safety, health or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
Manufactured home parks may be permitted by special exception in the RG zoning district, provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Manufactured home parks shall meet the requirements specified in the Chapter 154 -Subdivision Regulations of the Newberry County Code of Ordinances.
(B) Area. A manufactured home park shall contain a minimum of 8 acres.
(C) Density. Maximum density for a manufactured home park is 5 units per acre.
(D) Unit space. A minimum of 7,500 square feet is required per each manufactured home space.
(E) Space size. Each manufactured home space shall be a minimum of 50 feet in width and 150 feet in length, indicated by permanent flush markers at each corner.
(F) Open space. There shall be at least 2,500 feet of common open space for each acre or major fraction of an acre in the park, as provided in § 153.185 - Open Space.
(G) Access road. All home spaces shall be accessible by an interior roadway at least 66 feet wide, with unobstructed access to a public road. Roads shall comply with Chapter 154 - Subdivision Regulations of the Newberry County Code of Ordinances and with the Newberry County road acceptance ordinance.
(H) Parking. Two parking spaces per unit shall be provided on or adjacent to each manufactured home space, with car stops for head-in parking, in addition to adequate turn-around space. Parking space may be provided on 1 side of a private driveway at least 34 feet in width, and on both sides of a private driveway at least 43 feet in width.
(I) Site design. Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(J) Setback for manufactured home parks. All manufactured home sites and other facilities associated with the manufactured home site shall be setback a minimum of 100 feet from all property lines and the road right-of-way.
(K) Unit setbacks and clearances. Each manufactured housing unit shall have the following setbacks:
(1) Front yard: 25 feet.
(2) From abutting driveway: 15 feet.
(3) From adjacent units: 20 feet on the side and rear.
(4) Accessory structures shall be at least 4 feet from the unit space line and 20 feet from common buildings such as offices or laundry facilities.
(L) Buffers. A buffer of at least 50 feet in width is required along the rear and side property lines of all manufactured home parks.
(M) Screening. Manufactured home parks shall be screened along the side and rear park property lines by an opaque wall or fence of commercial grade at least 5 feet high per the requirements of § 153.183 - Screening. The screen shall be installed within the required buffers along the side and rear park property lines.
(N) Park occupancy. Construction of required driveways, utilities, unit spaces and other improvements shall be completed for at least 25 percent of the manufactured home spaces shown on the site plan before any part of the park is occupied.
(O) Site plan required.
(1) A site plan drawn to scale of 1 inch to 40 feet or larger, showing the details of development, shall be submitted with an application for a manufactured home park showing compliance with all conditions imposed by this chapter. The site plan shall include the following information:
(a) Total park area, including shape and dimensions of the site and a north arrow;
(b) Location and dimensions of access roads, proposed driveways, entrances, exits, walkways, unit spaces, stands, parking areas, refuse receptacles, recreation areas, open space, screening and landscaping;
(c) The plan for sewage disposal and water, gas, and electrical supply;
(d) Tax map number and zoning district; and
(e) Owners and zoning districts of adjoining properties.
(2) The site plan must comply with all applicable regulations before a permit can be issued.
(Ord. 06-11-16, passed 9-21-2016)
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