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Newberry County Overview
Newberry County, SC Code of Ordinances
NEWBERRY COUNTY, SOUTH CAROLINA CODE OF ORDINANCES
OFFICIALS OF NEWBERRY COUNTY, SOUTH CAROLINA
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: GENERAL PROVISIONS
CHAPTER 151: BUILDING REGULATIONS
CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 153: ZONING CODE
AUTHORITY AND PURPOSE
APPLICABILITY AND CONFORMITY
GENERAL REGULATIONS
ADMINISTRATION AND ENFORCEMENT
ZONING DISTRICT REGULATIONS
CONDITIONAL USE REGULATIONS
§ 153.088 APPLICATION OF CONDITIONAL USES.
§ 153.089 RURAL DISTRICT CONDITIONAL USES.
§ 153.090 CLUSTER DEVELOPMENT, SINGLE-FAMILY RESIDENTIAL.
§ 153.091 DWELLING, ABOVE NON-RESIDENTIAL USE.
§ 153.092 DWELLING, SINGLE-FAMILY ATTACHED.
§ 153.093 DWELLING, ZERO LOT LINE.
§ 153.094 EQUESTRIAN SUBDIVISION.
§ 153.095 FAMILY DAY CARE HOME.
§ 153.096 GARAGE APARTMENTS.
§ 153.097 HOME OCCUPATIONS.
§ 153.098 HORSES AND HORSE STABLES, HORSES FOR PERSONAL RECREATIONAL USE, ACCESSORY TO RESIDENTIAL.
§ 153.099 JUNKED VEHICLE STORAGE.
§ 153.100 CHILD AND ADULT DAY CARE CENTERS.
§ 153.101 HOSPITALS.
§ 153.102 NURSING HOMES.
§ 153.103 FAIRS.
§ 153.104 MARINA, PUBLIC.
§ 153.105 RECREATIONAL DAY CAMPS, SHOOTING AND ARCHERY RANGES.
§ 153.106 KENNELS AND OTHER PET CARE SERVICES.
§ 153.107 MINI-WAREHOUSES AND COMMERCIAL PERSONAL STORAGE.
§ 153.108 COMMUNICATIONS TOWERS AND ANTENNAS.
§ 153.109 VETERINARY SERVICES.
§ 153.110 WAREHOUSING AND STORAGE.
§ 153.111 AIR TRANSPORTATION, PUBLIC; AND AIR TRANSPORTATION SUPPORT.
§ 153.112 AIR TRANSPORTATION, PRIVATE.
§ 153.113 BUS TERMINALS AND RAIL TERMINALS.
§ 153.114 CONCENTRATED ANIMAL FEEDING OPERATIONS.
§ 153.115 HELIPADS.
§ 153.116 HOUSING, ACCESSORY TO AGRICULTURAL USE.
§ 153.117 OPEN OUTDOOR STORAGE.
§ 153.118 TRANSPORT CONTAINERS AS ACCESSORY STORAGE.
§ 153.119 CONTRACTOR OFFICE AND EQUIPMENT SHED.
§ 153.120 MANUFACTURED HOME, EMERGENCY HOUSING.
§ 153.121 MANUFACTURED HOME, TEMPORARY DURING CONSTRUCTION.
§ 153.122 PORTABLE ON-DEMAND CONTAINER (POD) AS TEMPORARY STORAGE.
§ 153.123 RECREATIONAL VEHICLES AS TEMPORARY ACCOMMODATION.
§ 153.124 SOLAR FARM.
§ 153.125 CEMETERIES.
§ 153.126 LARGE ANIMAL PROCESSING.
§ 153.127 TAXIDERMY.
§ 153.128 MOBILE FOOD TRUCK OR TRAILER.
SPECIAL EXCEPTION REGULATIONS
AREA, SETBACK AND DIMENSIONAL REQUIREMENTS
BUFFERS, SCREENING AND LANDSCAPING REQUIREMENTS
PARKING AND LOADING REGULATIONS
SIGN REGULATIONS
DEFINITIONS
CHAPTER 154: SUBDIVISION REGULATIONS
CHAPTER 155: EROSION AND SEDIMENT CONTROL
CHAPTER 156: COMPREHENSIVE PLAN
CHAPTER 157: PUBLIC NUISANCES AND UNFIT DWELLINGS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 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
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)
§ 153.076 LAND DEVELOPMENT AGREEMENTS.
   (A)   Findings. The County Council finds that the General Assembly has enacted legislation known as the “South Carolina Local Government Development Agreement Act”, codified as S.C. Code § 6-31-10 et seq., authorizing, in certain circumstances, the execution of land development agreements to encourage comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The County Council finds and determines that land development agreements may be useful to both the private and public sector by providing certainty in zoning, by setting forth a reasonable schedule of development and by enhancing the opportunity for comprehensive, planned development, and enacts this section in furtherance of the authority evolved upon it by the South Carolina Local Development Agreement Act.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DEVELOPER. A person, including a governmental agency, who intends to undertake any development and who has a legal or equitable interest in the property to be developed.
      DEVELOPMENT. The planning for or the carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the dividing of land into 3 or more parcels. As designated in a law or a development permit, DEVELOPMENT includes the planning for and all other activity customarily associated with it unless otherwise specified.
      DEVELOPMENT PERMIT. Includes a building permit, zoning permit, subdivision approval, rezoning certification, special exception, variance, or any other official action of local government having the effect of permitting the development of property
      GOVERNING BODY. The County Council of Newberry County. South Carolina.
      LAND DEVELOPMENT REGULATIONS. Ordinances and regulations enacted by the governing body for the regulation of any aspect of development, including local government zoning, rezoning, sub-division, building construction, or sign regulations or any other regulation controlling the development of property.
      LAWS. All ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies and rules adopted by the governing body, or its affiliated committees, boards or commissions, affecting the development of property, including laws governing permitted use of property, governing density, and governing design, improve-ment and construction standards and specifications.
      PERSON. An individual, corporation, business or land trust, estate, partnership, association, 2 or more persons having a joint or common interest, state agency or any legal entity.
      PROPERTY. All real property subject to land use regulation by the governing body, including any improvements or structures customarily regarded as part of real property.
      PUBLIC FACILITIES. Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks, recreational and health systems and facilities.
      ZONING ADMINISTRATOR. The person charged by the governing body with overseeing the implementation and interpretation of land development regulations pertaining to the development of property.
   (C)   Application.
      (1)   Any person seeking a land development agreement with the county shall make application to the Zoning Administrator or to such other person as the governing body may designate.
      (2)   The application shall incorporate a statement setting forth the objectives of the development and the benefits that will inure to the public as a result. The application shall include a legal description of the property subject to the agreement, which property must contain a minimum of 25 acres of highland (wetlands excluded), and the names of its legal and equitable owners; the proposed duration of the agreement, which must be consistent with South Carolina Local Government Development Agreement Act, S.C. Code § 6-31-40; the development uses permitted on the property, including population densities and building intensities and height; a description of public facilities that will service the property, including the identity of who is to construct and/or provide the facilities, the date that any new public facilities, if needed, will be constructed, and a schedule to verify that public facilities will be available concurrent with the impacts of the development; a description, where appropriate, of any reservation or dedication of land for public purposes; any provisions to protect environmentally sensitive property as may be required or permitted pursuant to laws in effect at the time of application; a description, where appropriate, of any provisions for the preservation and restoration of historic structures.
      (3)   The application shall also include the current and, if applicable, requested zoning of the property, and a site analysis, prepared by a registered engineer or surveyor, showing the location of existing manmade features where major circulation systems are proposed; general topographic information from topographic maps or other suitable maps, using a contour interval not exceeding 2 feet; and the location and description of identified cultural resources.
      (4)   A land use plan shall be part of the application, which shall show the location, net acreage, and gross acreage for each type of residential, office or commercial development proposed for the property, open space areas, water bodies and major circulation systems, and existing land uses adjacent to the property. The plan must also identify the type of dwelling units proposed, the minimum of lot size per dwelling unit, and minimum lot frontage requirements, and minimum setback requirements for principal buildings.
      (5)   With the application, any fee as County Council may from time to time establish must also be remitted.
      (6)   The Zoning Administrator shall review land development agreement applications, and, if necessary for a more coherent understanding of the proposed development, may request additional information. Furthermore, the Zoning Administrator shall consult with the County School District and report the School District Superintendent’s findings and recommendations to the Planning Commission.
   (D)   Proposed agreement. Simultaneously, with the submission of the application, or within a reasonable time thereafter, a proposed land development agreement shall be submitted by the applicant to the Zoning Administrator. The Zoning Administrator shall review the same and consult with such other county officials or personnel he or she deems appropriate. Prior to the agreement being presented to the Planning Commission, as herein provided, the agreement must be approved as to form by the County Attorney. In the event the proposed land development agreement provides that the local governing body shall provide certain public facilities, the agreement must provide that the delivery date of such public facilities be tied to defined completion percentages or defined performance standards to be met by the developer.
   (E)   Planning Commission. 
      (1)   After the review as set forth in division (D), the application and proposed agreement shall be forwarded to the Planning Commission. Should any issues pertaining to the agreement be unresolved, they shall be identified by the Zoning Administrator in his or her report to the Planning Commission.
      (2)   The Planning Commission shall conduct a public hearing on the application, giving at least 15 days’ notice in a publication of general circulation in the county that a land development agreement is to be considered. The public notice must specify the location of the property subject to the land development agreement, the use(s) proposed for the property and the location where a copy of the proposed land development agreement can be obtained.
      (3)   At the conclusion of its public hearing, the Planning Commission shall make a recommendation to the County Council as to the propriety of the agreement. The recommendation may include suggested amendments or modifications to the agreement. At the conclusion of its public hearing, the chairman of the Planning Commission shall announce the time, date, and place when the County Council is to consider the proposed development agreement. Nothing herein shall be construed to preclude the Planning Commission from deferring action on a proposed land development agreement for the purpose of receiving clarifying information.
   (F)   County Council. Prior to authorizing the execution of a land development agreement, the County Council shall conduct a public hearing, notice of which shall be advertised in a publication of general circulation in the county at least 30 days prior to the date of the hearing. No land development agreement shall be executed until it has been accepted and approved by the governing body and an ordinance authorizing the same has been ratified.
   (G)   Effective date. No land development agreement shall be effective until such time as an ordinance authorizing its execution has been ratified by the County Council, and the same has been executed on behalf of the county by the Council chairman.
   (H)   Recording. It shall be the responsibility of the applicant, within 14 days of the land development agreement having been executed, to record the agreement with the Register of Mesne Conveyance or the Clerk of Court in the county where the property is located.
   (I)   Effect of land development agreement. A land development agreement must specify which laws in force at the time of the execution of the agreement shall apply for the term of the agreement. Subsequently enacted laws shall be applicable to property subject to a land development agreement, unless the agreement specifies otherwise, or unless, after a public hearing, the County Council determines that the application of such laws would materially alter or disrupt the development of the property as contemplated by the agreement, or as otherwise provided by the South Carolina Local Government Development Agreement Act, S. C. Code § 6-31-80(B)(l), (2), (3), (4) and (5).
   (J)   Periodic review. 
      (1)   During the term of a land development agreement, a periodic review of the progress made thereunder shall be had by the Zoning Administrator, on at least an annual basis. At the review, the parties subject to the agreement must demonstrate good faith compliance with the terms and provisions of the development agreement, and must provide such information as the Zoning Administrator may request, and as may be otherwise provided in the agreement.
      (2)   If as a result of any periodic review, it appears that a person subject thereto has committed a material breach of the terms or conditions of the agreement, such circumstance shall be reported to the County Council by the Zoning Administrator.
      (3)   Upon receipt of such report, the County Council, or such committee to which the matter may be referred by Council, if it concurs with the Zoning Administrator’s report, shall serve written notice to the applicable party, setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination of the breach, and providing the applicable party a reasonable time in which to cure the breach.
      (4)   If such party fails to cure the material breach within the cure period, the County Council, or the committee to which the matter has been referred, may unilaterally terminate or modify the land development agreement, provided that the Council or the committee, as appropriate, has first given the applicable party an opportunity to either rebut the finding and determination or to consent to an amended development agreement to address the concerns of the County Council or the committee with respect to its findings and determination, and has otherwise complied with the provisions of the development agreement pertaining to a material breach.
   (K)   Amendments and cancellation. Any land development agreement may be amended or cancelled by mutual consent of the parties to the agreement, or by their successors in interest.
   (L)   Burdens and benefits. All burdens of the land development agreement are binding upon, and the benefits of the land development agreement shall inure to, all successors in interest to the parties to the land development agreement.
   (M)   State or federal laws or regulations. In the event state or federal laws or regulations, enacted after a land development agreement has been executed, prevent or preclude compliance with 1 or more provisions of the development agreement, the provisions of the agreement shall be modified or suspended, as necessary, to comply with the state or federal laws or regulations.
   (N)   Technical codes. Notwithstanding anything herein to the contrary, any and all building, housing, electrical, plumbing and gas codes, now in effect or hereafter adopted by the County Council, shall apply to any properties subject to a land development agreement.
   (O)   Enabling legislation. In the event that a court of competent jurisdiction shall determine that the state act, or any part thereof, invalid or unenforceable, or in the event that the General Assembly shall amend or repeal the state act, in whole or in part, each development agreement shall be reviewed to determine if such change in the state act results in a substantial impairment of the rights or obligations of any of the parties to the development agreement. Any party whose rights or obligations under a development agreement have been substantially impaired by a change in the state act shall have the right to immediately terminate the agreement as to all parties thereto by written notice to the parties to the development agreement.
(Ord. 05-16-2022, passed 8-17-2022)
CONDITIONAL USE REGULATIONS
§ 153.088 APPLICATION OF CONDITIONAL USES.
   The requirements of this subchapter shall apply to all conditional uses listed in § 153.073(D) - Zoning District Table of Permitted Uses, as applicable. A request for a conditional use shall be submitted to the Zoning Administrator who shall approve the use if all the conditions and requirements herein are satisfied.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.089 RURAL DISTRICT CONDITIONAL USES.
   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 following conditions are met. These conditions do not apply to single-family residential and agricultural uses.
   (A)   Such uses may be associated with, but secondary to, a single-family residential use on the same property.
   (B)   Such uses must comply with conditions associated with the use, as provided in §§ 153.088 et seq. - Conditional Uses and any applicable performance or other requirement as provided in this chapter, in addition to the following conditions. Where requirements differ, the more restrictive requirement shall apply.
   (C)   If the single structure or combination of structures to be included in the proposed non-residential, non-agricultural use exceeds 3,000 square feet in gross floor area, it must be permitted by special exception as provided in § 153.137 - R2 Rural District Special Exceptions.
   (D)   Where permitted, such uses shall meet the following conditions:
      (1)   A buffer of at least 100 feet shall be required from adjoining property lines of existing single-family residential uses and adjacent residentially zoned properties. Such buffer shall comply with the applicable requirements for buffers provided in § 153.182. If a different buffer width is required for an individual use the larger buffer shall apply. For uses requiring a special exception permit, the Board of Zoning Appeals may require a larger buffer after finding that potential offsite impacts warrant the increase.
      (2)   Maneuvering of associated vehicles of any size must be accommodated by and occur on the associated property.
      (3)   No uncovered open storage of waste materials shall be permitted in public view.
      (4)   Any manufacturing process shall be completely contained inside the permitted structure(s).
      (5)   Performance standards. Such uses must comply with the following performance standards:
         (a)   Light. As required by § 153.034 - Light and Glare.
         (b)   Glare. As required by § 153.034 - Light and Glare.
         (c)   Odor. 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.
         (d)   Vibration. A person may not cause or permit, beyond the property line of a source, vibration of sufficient intensity to cause another person to be aware of the vibration by such direct means as sensation of touch or visual observation of moving objects. The observer shall be located at or within the property line of the receiving property when vibration determinations are made.
         (e)   Noise. As required by §§ 90.01 through 90.99 - Noise of the Newberry County Code of Ordinances.
      (6)   Exceptions to performance standards. The following are exempted from the performance requirements of this division.
         (a)   Any exemptions provided by other regulations cited in this chapter.
         (b)   Vibration emanating from construction activities between the hours of 7:00 a.m. and 9:00 p.m. pursuant to a current building permit issued by Newberry County.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.090 CLUSTER DEVELOPMENT, SINGLE-FAMILY RESIDENTIAL.
   To encourage open space, residential cluster subdivisions are permitted in all zoning districts allowing single-family residential uses in accordance with the following conditions.
   (A)   Only single-family, site-built residential dwellings shall be allowed in a residential cluster subdivision.
   (B)   The minimum size of a residential cluster subdivision shall be 5 acres.
   (C)   Residential subdivisions are permitted to cluster lots and to reduce lot sizes in order to compensate for the minimum open space requirements established herein; however, density shall not exceed 3 dwelling units per acre.
   (D)   For lots along the exterior boundary of a cluster subdivision, setbacks for yards adjacent to such exterior boundaries shall be not less than 2 times the setbacks required for the district in which the subdivision is proposed to be located.
   (E)   A minimum of 25% of the development site shall be designated as open space and shall be so arranged as to mitigate the impacts of clustering on adjoining properties. Such open space shall meet the requirements of § 153.185 - Open Space.
   (F)   The minimum lot size and interior lot setbacks may not be reduced to less than 50% of the minimum lot size and setbacks for the district in which the cluster subdivision is located. However, zero lot-line development is allowed in residential cluster developments.
   (G)   Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
   (H)   The development shall be in compliance with Chapter 154 - Subdivision Regulations of the Newberry County Code of Ordinances, except as provided in this division.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.091 DWELLING, ABOVE NON-RESIDENTIAL USE.
   Dwellings above non-residential uses shall meet the following requirements where conditionally permitted.
   (A)   Use of the upper floors of commercial buildings may be converted or used for residential purposes where conditionally permitted, provided that the portion of the ground floor of the building which faces the sidewalk or other public road right-of-way continues to be used or dedicated for business or commercial use. A portion of the ground floor may also be used for residential garage or storage space, so long as the garage or storage space is located in the rear of the building.
   (B)   The dwelling unit must have access to a street as required by building and fire codes.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.092 DWELLING, SINGLE-FAMILY ATTACHED.
   Single-family attached dwellings (3 or more units), including townhouses and patio homes, shall meet the following requirements where conditionally permitted.
   (A)   No more than 6 contiguous housing units shall be built in a row.
   (B)   A minimum setback of 50 feet is required from all property lines abutting the development site.
   (C)   A minimum setback of 50 feet is required from all road rights-of-way abutting the development site. A minimum setback of 25 feet is required from all interior roads within the development site.
   (D)   A buffer of at least 25 feet in width is required along the side and rear property lines of the development site.
   (E)   No portion of a housing unit or accessory structure in or related to 1 group of contiguous housing units shall be closer than 20 feet to any portion of a housing unit or accessory structure related to another group, or to any building outside of the development.
   (F)   Maneuvering of associated vehicles of any size must be accommodated by and occur on the associated property.
   (G)   Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(Ord. 06-11-16, passed 9-21-2016)
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