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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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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)
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