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CONDITIONAL USE REGULATIONS
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)
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:
(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.
(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)
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)
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)
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