§ 153.075 OVERLAY DISTRICTS.

   (A)   Requirements. The requirements of this section shall apply to the following districts established by § 153.067.

      (1)   CPO. Corridor Protection Overlay District.

      (2)   AP. Airport Height and Land Use Protection Overlay District (Airport Overlay District).

   (B)   Establishment. Overlay districts shall be established on the official zoning map by the same procedure as amendments generally, as provided in § 153.054 by defining the boundaries of each district.

   (C)   Permitted uses. Within overlay districts, permitted uses are determined by the “underlying” or primary zoning district. Where such districts overlay a Residential Zoning District, for example, only those uses permitted in the Residential Zoning District shall be permitted in the overlay district, subject to the additional requirements and standards of this section.

   (D)   Corridor Protection Overlay District (CPO). The corridor protection overlay district is designed to preserve and enhance the overall visual appearance and quality of important roadway corridors within the county in order to preserve property values, promote economic development, and protect the image of Newberry County. All regulations and requirements in the underlying zoning districts still apply within the overlay district except that the following uses shall be prohibited: junkyards, landfills, salvage and scrap operations, outdoor storage of any number of junked vehicles, CAFOs, manufactured home parks, commercial campgrounds and RV parks, communications towers, and sexually-oriented businesses. Landscaped road buffers along all road corridors in the CPO are required for new and expanded industrial and commercial uses and large subdivisions as provided in § 153.182 - Buffers and § 153.184 - Landscaping.

   (E)   Airport Height and Land Use Protection Overlay District (AP). The Newberry County Airport Height and Land Use Protection Overlay District (Airport Overlay District) establishes height and land use requirements for airport safety within the vicinity of the Newberry County Airport and provides for the administration, enforcement and amendment thereof.

      (1)   Authority. These provisions are adopted under authority granted by S.C. Code §§ 55-9-240 and 55-9-260.

      (2)   Jurisdiction. This chapter shall be applicable to the area designated within Newberry County in the vicinity of the Newberry County Airport. Graphic representation of the designated area and the requirements of the Airport Land Use and Height Restriction Overlay Zone may be reviewed at the Newberry County Planning and Zoning Department.

      (3)   Phrases and abbreviations. The following phrases and abbreviations pertaining specifically to the regulation of height and land use in the Newberry County Airport Height and Land Use Protection Overlay District shall have the meanings respectively ascribed to them by this division.

         AIRPORT. The Newberry County Airport (EOE).

         AIRPORT COMMISSION. The Newberry County Airport Commission.

         AIRPORT ELEVATION. The highest point of an airport's usable landing area measured in feet (tenths) from mean sea level.

         AIRPORT OBSTRUCTION. means any living or man-made structure or tree which obstructs the aerial approaches of the airport exceeding the maximum height of structures permitted in the airport operation area or is otherwise hazardous to its use for landing or taking off.

         AIRPORT OPERATION AREA. Refers to all zones established in the Airport Overlay District.

         AIRPORT OVERLAY DISTRICT. The Newberry County Airport Height and Land Use Protection Overlay District.

         AVIGATION EASEMENT. Ownership of the right of imposition upon such property of overflight, excessive noise, vibration, smoke, dust, vapors, and particulates due to the operation of aircraft to and from the airport. Also includes the right to remove airport obstructions on said property.

         CONDITIONAL USE. The associated land use groups are at a level of intensity or density, or location, which is not considered to present a significant risk to the safety of persons on the ground or to persons in aircraft over flying the proposed use, contingent upon attainment of conditions presented (refer to ‘C’ Conditional Uses in the Airport Overlay District Land Use Matrix Table).

         DIMENSIONAL NONCONFORMITY. A situation that occurs when the lot line does not conform to the regulations applicable to the zone in which the property is located.

         FAA. The Federal Aviation Administration.

         FAR. Federal Aviation Regulation.

         HEIGHT. The vertical distance from the ground elevation to the highest point of a structure or tree, including any appurtenance thereon expressed as feet.

         HEIGHT LIMITATIONS. No structure or tree shall be erected, altered, allowed to grow or maintained in any airport surface zone, with a height in excess of the height established for such zone. An area located in more than 1 of the Airport Overlay District zones is considered to be only in the zone with the more restrictive height limitation.

         LAND USE COMPATIBILITY. The use of land adjacent to the Newberry County Airport that does not endanger the health, safety, or welfare of the owners' occupants, or users of the land.

         OPEN SPACE. An area, land or water, generally lacking in man-made structures and reserved for enjoyment in its unaltered state.

         PERMITTED USE. The associated land use groups are at a level of intensity or density, or location, which is not considered to present a significant risk to the safety of persons on the ground or to persons in aircraft over flying the proposed use (refer to ‘P’ Permitted Uses in Airport Overlay District Land Use Matrix Table).

         PRECISION INSTRUMENT RUNWAY. A runway end having instrument approach procedure utilizing air navigation facilities with horizontal and vertical guidance, or area type navigation equipment, for which a straight-in precision instrument approach procedure has been approved or planned.

         PROHIBITED USE. The associated land use groups are at a level of intensity or density, or location, which presents a significant risk to the safety of persons on the ground or to persons in aircraft over flying the proposed use (refer to Uses Not Permitted ‘Dash (-)’ in Airport Overlay District Land Use Matrix Table).

         RUNWAY END. Existing physical end of the hard-surfaced asphalt runway, having a defined coordinate and elevation.

         STRUCTURE. Any object, constructed or installed by human labor, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.

      (4)   Height restrictions and limitations.

         (a)   Height restriction zones established. In order to carry out this chapter, certain zones are hereby created and established by FAR Part 77, which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surface, and conical surface as they apply to the Newberry County Airport, for the existing runway configurations as per the Airport Layout Plan approved by the FAA on June, 15 2012. Graphic representation of these zones is provided as designated in § 153.075(E)(2). An area located in more than 1 of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones, for both the existing and ultimate runway configurations, are hereby established and defined as follows:

            1.   Part 77 airspace zones:

               A.   Approach zones. The approach zones are the areas beneath the Part 77 approach surfaces, as defined by 14 C.F.R. Part 77, § 77.19(d), or in successor federal regulations.

               B.   Primary zone. The primary zone is that area of the primary surface, as defined by 14 C.F.R. Part 77, § 77.19(c), or in successor Federal regulations.

               C.   Transitional zones. The transitional zones are the areas beneath the Part 77 transitional surfaces, as defined by 14 C.F.R. Part 77, § 77.19(e), or in successor federal regulations.

               D.   Horizontal zone. The horizontal zone is the area beneath the Part 77 horizontal surfaces, as defined by 14 C.F.R. Part 77, § 77.19(a), or in successor Federal regulations.

               E.   Conical zone. The conical zone is the areas beneath the Part 77 conical surfaces, as defined by 14 C.F.R. Part 77, § 77.19(b), or in successor federal regulations.

         (b)   Height limitations. No structure or tree shall be erected, altered, allowed to grow or maintained in the height restriction zones to a height in excess of the height limit as determined by the airspace surface limitations, including dimensional and slope definitions, appearing on the maps referred to in Section 50 of this Document. The property owner of a tree, determined to be an airport hazard, shall be responsible for bringing such tree into conformance with this chapter.

      (5)   Land use restrictions and limitations.

         (a)   Land use restriction zones established. In order to carry out the requirements of this Airport Overlay District, certain zones are hereby created and established, which include land lying beneath the Airport Land Use Restriction Zones as they apply to the Newberry County Airport. Graphical representation of these zones is provided as designated in § 153.075(E)(2). An area located in more than 1 of the zones described herein is considered to be only in the zone with the more restrictive limitation. There are hereby created and established the following Airport Land Use Restriction Zones:

            1.   Zone A. Zone A is the Runway Protection Zone, as defined in the FAA Advisory Circular 150/5300-13A, Section 310, or in successor FAA advisory circulars.

            2.   Zone B1. Zone B1 is that portion of the Approach Zone, from the outer edge of Zone A to where each approach surface is 150 feet of height above their respective runway end elevations.

            3.   Zone B2. Zone B2 is that portion of the Approach Zone, from the outer edge of Zone B1 to the end of the Approach Zone, or 10,000 feet from inner edge of the Approach Zone, whichever it reaches first.

            4.   Zone C. Zone C is formed by offsetting the primary surface edge outward by 1,050 feet, and extending each of its ends to its respective runway end's approach zone, or extended and squared off at the outer edge of Zone B1, whichever that extension reaches first.

            5.   Zone D. Zone D is those areas of the Transitional and Horizontal Zones not part of Zones A, B1, B2, or C.

            6.   Zone E. Zone E is identical in area, dimensions, and location to the Conical Zone. Each zone is defined geographically for both the existing and ultimate runway configurations, as per the FAA-approved Airport Layout Plan dated June 15, 2012, and the zones are composited into the single Airport Land Use Restriction Zones map such that the most restrictive zone and criteria are applied. The order of the zones from most restrictive to least is A, B1, C, B2, D, and E.

         (b)   Land use limitations. Such applicable land use limitations are hereby established for each of the Airport Land Use Restriction Zones in order to prevent incompatible land uses which would compromise aeronautical activity at the Newberry County Airport, to protect people and property on the ground in case of an accident, to limit population and building density in the runway approach areas, to create sufficient open space, and to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Newberry County Airport, and minimize injury to the occupants of aircraft involved in accidents. The land use limitations within Zones A, B1, B2, C, D, and E as provided in § 153.075(E)(5)(c) Newberry County Airport Overlay District Land Use Matrix Table shall apply to those portions of the parcel contained within the underlying Airport Overlay District zones as indicated on the attached Newberry County Airport Land Use Restriction Zones Map.

         (c)   Newberry County Airport Overlay District Land use Matrix Table. Refer to § 153.075(E)(5)(d) for conditional uses as referenced in this table.

Newberry County Airport Overlay District - Land Use Matrix Table
Airport Land Use Restriction Zone Designation	Zone A	Zone B1	Zone B2	Zone C	Zone D	Zone E
RESIDENTIAL
Dwelling, Single-Family Detached	-	-	C7	-	C7	P
All Other Dwellings, including Temporary Housing	-	-	-	-	C2, C6, C7	P
PUBLIC FACILITIES - INSTITUTIONS, UTILITIES
Auditorium, Civic-Use Convention Center, Concert Hall	-	-	-	-	C1, C2	P
Cemeteries	-	P	P	-	P	P
Churches, Day Care Centers, Libraries, Museums, Social/Civic Clubs	-	-	-	-	C1, C2	P
Convalescent Facilities, Group Homes, Nursing Homes	-	-	-	-	C2, C6, C7	P
Correctional Facilities, Hospitals, Schools	-	-	-	-	C1, C2	P
Electric Power Plants and Overhead Transmission Lines	-	C1, C2	C1, C2	-	C1, C2	C1, C2
Public Utilities (Excludes Electric Power Plants, Lines)	-	C1, C2	C1, C2	-	C1, C2	C1, C2
Recycling, Solid Waste Transfer Stations	-	C2, C3	C2, C5	C2	C2	C2
Solid-Hazardous Waste, Landfills (excludes Transfer Stations)	-	-	-	-	-	-
RECREATION AND ENTERTAINMENT
Amusement Parks, Carnivals, Fairs, Outdoor Theaters	-	-	-	-	C6	P
Arcades, Bowling Alleys, Dance and Pool Halls, Skating Rinks	-	-	C5	-	C6	P
Athletic fields, Parks, Picnic Areas, Playgrounds	-	-	-	-	C1, C2	P
Golf Courses, Tennis Courts	-	-	P	-	P	P
Gyms, Health Spas	-	-	C5	-	C6	P
Swimming Pools, Water Park, Water Slides	-	-	P	-	P	P
COMMERCIAL - BUSINESS, RETAIL, SERVICES, OFFICES
Aeronautical Businesses	-	-	P	P	P	P
Animal Hospital, Kennels, Pet Boarding, Veterinary Clinic	-	C3	C5	-	P	P
Appliance and Equipment Repair Facilities, Vehicle Wash	-	C3	C5	C4	P	P
Banks, Financial Institutions	-	-	C5	-	C6	P
Bed and Breakfast, Hotels, Motels	-	-	C4	-	C6	P
Broadcast Studios	-	-	P	-	P	P
Building & Lumber Materials, Vehicle Sales	-	-	C5	-	P	P
Camping Areas, RV Parks	-	-	C4	-	P	P
Convenient Stores, General Retail Stores/Complexes, Restaurants	-	-	P	-	P	P
Food and/or Beverage Sales	-	-	C5	-	P	P
Gasoline Service Stations	-	-	P	-	P	P
General Offices, Executive Offices, Research Facilities	-	C3	C5	C4	P	P
Home Improvement Centers	-	-	C5	-	C6	P
Indoor Theaters	-	-	C5	-	C6	P
Mass Transit Facility / Depot	-	-	C5	P	C6	P
Modular Self-Storage Facilities, Mini Storage Units	-	C3	C5	C2	P	P
Personal Health Clinics, Personal Care Facilities	-	-	C5	-	P	P
Shopping Malls, Shopping Centers	-	-	C5	-	C6	P
INDUSTRIAL - PROCESSING, MANUFACTURING, WAREHOUSING AND DISTRIBUTION
Manufacturing, All Types (excluding those under Manufactured, Limited; and Petroleum and Chemical Products and Explosives)	-	-	C5	-	C6	P
Manufacturing, Limited (see Zoning District Table of Permitted Uses for NAICS references)	-	C3	C5	C4	C6	P
Manufacturing and Bulk Storage of Petroleum and Chemical Products and Explosives, Fuel Dealer	-	C3	C5	-	C6	P
NATURAL RESOURCES - AGRICULTURE, FARMING & ANIMAL KEEPING, MINING
Animal Commodity Sales Yards, Other Animal Feed Lots, Stockyards	-	C2	C2	-	P	P
Animal Processing and Packaging	-	C2, C3	P	-	P	P
Concentrated Animal Feeding Operations (Commercial Hogs, Dairies)	-	P	P	-	P	P
Concentrated Animal Feeding Operations (Commercial Poultry)	-	P	-	-	P	P
Crop Processing and Packaging, Wineries	-	P	P	-	P	P
Crop Production - Dry and Irrigated Farming	C1, C2	P	P	C1, C2	P	P
Equestrian Facilities, Exotic Animals	-	C3	C5	-	P	P
Farmer's Markets, Roadside Stands, Truck Farming	-	C2, C3	C2, C5	-	P	P
Fish Farming, Game Preserves	-	N	C2	-	P	P
Landscape Materials, Nurseries/Greenhouses, Specialty Crops	-	P	P	-	P	P
Pasture and Rangeland Grazing	-	P	P	P	P	P
Mining - Sand, Gravel, Fill Dirt	-	-	C1, C2	-	C1, C2	C1, C2
P = Permitted C = Conditional Dash (-) = Not Permitted *
* Note: Reference Newberry County Airport Land Use Restriction Zones Map for Location of Zones.

 

         (d)   Conditional uses. For all land uses shown as conditional in § 153.075(E)(6)(c) - Land Use Matrix Table, the following conditions apply, as applicable.

            1.   C1. Allowed only if use does not interfere with normal airport operations (as defined by the FAA/South Carolina Aeronautics Commission).

            2.   C2. Prohibits uses that constitute a hazard to flight, including but not limited to tall physical objects, glare, dust, or other visual or electric interference to a pilot and aircraft, and uses that may attract hazardous wildlife.

            3.   C3. Use intensity restricted to 5 or less persons per acres; or equivalent per household.

            4.   C4. Use intensity restricted to 15 or less persons per acre; or equivalent per household.

            5.   C5. Use intensity restricted to 25 or less persons per acre in structures/buildings; and 50 or less persons per acre outdoors.

            6.   C6. Use intensity restricted to 100 or less persons per acre.

            7.   C7. Residential land uses permitted, with residential fair disclosure required.

         (e)   Other land use requirements. Future applications made to Newberry County requesting approval of manmade structures, which also require filing a notice with the FAA as per 14 C.F.R. Part 77, § 77.9, or in successor federal regulations, shall first submit a FAA form 7460-1, Notice of Proposed Construction or Alteration, to the FAA for a review of impacts to airspace in the vicinity of the Airport, prior to placing of the request on the Planning Commission meeting agenda. If the FAA determines an adverse impact to the airport's airspace may occur, the FAA decision should serve as governing height limitation for such a man-made structure.

      (7)   Nonconformities.

         (a)   1.   Nonconformities - regulations not retroactive. This regulation shall not be construed to require the alteration of any lot or removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, or intended use of any property or structure for which the construction or alteration was started or for which a building permit was acquired prior to the effective date of this chapter.

            2.   Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to allow the installations operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Newberry County Airport Commission to indicate to the operators of aircraft in the vicinity of the airport the presence of such obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Newberry County Airport. Reference FAA Advisory Circular 70-7460-1K, or successor advisory circulars, for further guidance.

         (b)   Existing structures in Airport Overlay District. Except as specifically provided in this section, it is not permissible for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. Physical alteration of structures or the placement of new structures on open land is unlawful if they result in an increase in the total amount of space devoted to a nonconforming use or greater nonconformity with respect to land use limitation.

            1.   Abandoned structures. Whenever the Newberry County Building and Inspection Department Manager determines that a nonconforming structure has been abandoned or more than 80% torn down (or damaged more than 80% of the current county tax value), physically deteriorated, or decayed, no permit shall be granted that would allow such structure to otherwise deviate from the height and land use regulations.

            2.   Temporary structures. Temporary structures constructed or erected incidental to a development, and solely used for the designated purpose, can only remain while needed and for a maximum of 1 year.

(Ord. 06-11-16, passed 9-21-2016)