The temporary use of recreational vehicles as temporary accommodations shall meet the following requirements where conditionally permitted.
(A) No recreational vehicle (RV) subject to state licensing and/or registration which does not display a current license plate or decal shall be stored in any real estate parcel in the R2, RS, RSV, RSM, and RG zoning districts.
(B) Except as otherwise regulated by the state and the requirements of this zoning ordinance for commercial campgrounds and RV Parks, there is no restriction on the parking or recreational use of recreational vehicles in the R2, RS, RSM, and RG zoning districts.
(C) It is the intent of division (B) above with respect to the unrestricted use of recreational vehicles, that no occupancy or use of such vehicle rise to the level of permanent occupancy or use, and that any use remains temporary in nature.
(D) The legal owner(s) of any property on which an RV is located is responsible for any violation of this code.
(E) Any owner of the property where the RV is to be used, and/or the user of the RV, if different, is responsible for compliance with any SCDHEC regulations which apply to the use and occupancy of recreational vehicles otherwise permitted in this section.
(F) Notwithstanding the foregoing, in those zoning districts that allow a manufactured home to be used as a temporary residence by the owner of the property during the construction of a permanent residence on the same property, recreational vehicles may be used for the same purpose under the same conditions, restrictions, and regulations required for the manufactured home. This provision does not apply to the RSV district.
(G) Conditions specific to the RSV zoning district.
(1) It is the intent of this subsection that any occupancy or use of a recreational vehicle in the RSV zoning district be temporary and for recreational purposes only. Temporary use of a recreational vehicle (RV) is characterized by, but is not limited to the following:
(a) No permanent connection to electric power for the RV.
(b) No occupational or commercial use shall be associated with the RV.
(c) The RV may not be used as a fixed place of abode or as a temporary abode during a period of employment or work as an independent contractor.
(d) No permanent foundation is provided for the RV.
(e) No porches, patios or storage buildings affixed or in close proximity to the RV.
(f) The RV must be mechanically ready to be moved at all times under the motive power for which such unit is designed.
(2) No recreational vehicles shall be parked or stored on any real estate parcel or right-of-way in the RSV district for more than 24 hours, except in accordance with the temporary use restrictions set forth in § 153.123(G)(3) below.
(3) The temporary use of recreational vehicles in the RSV zoning district shall be subject to the following restrictions.
(a) The use of recreational vehicles shall be allowed only by permit, which shall be issued by the Newberry County Planning and Zoning Department only to property owner(s) of record, with each recreational vehicle requiring a separate permit for each permitted use period. Accurate vehicle licensing and registration information shall be provided for each vehicle permitted under these provisions as a condition of permit issuance.
(b) A maximum of 20 calendar days of recreational vehicle use may be allowed for each individual property in any calendar quarter, with each day for each recreational vehicle constituting 1 day's use (e.g., 2 recreation vehicles used on a given real estate parcel simultaneously for 10 calendar days constitutes 20 calendar days of recreational vehicle use for the individual property).
(c) For each calendar quarter, calendar days of recreational vehicle use not permitted shall expire (i.e., shall not accumulate or roll over) at the end of that calendar quarter. Calendar quarters 1 through 4 shall end at midnight on March 31, June 30, September 30, and December 31, respectively.
(d) No recreational vehicle use permit shall be issued for more than 10 consecutive calendar days, and no fewer than 2 calendar days shall elapse between permitted use periods, though overlapping permits for separate recreational vehicles may be continued as long as no unit is permitted for more than 10 calendar days consecutively, and provided that the use will not result in more than 20 calendar days having been permitted for the individual property in the calendar quarter.
(e) All property owners applying for permits for recreational vehicle use must pay an annual, non-refundable fee of $25 at or prior to the first such permitted use in any calendar year. Annual fees paid for this purpose expire at midnight on December 31 of each calendar year, regardless of the date of permit issuance.
(f) Permits must be prominently displayed on recreational vehicles throughout permitted use periods.
(g) Recreational vehicle use permits shall be issued only during normal working hours of the Newberry County Planning and Zoning Department. Property owners are responsible for ensuring that applications for permits are submitted timely and should make such applications no less than 3 working days prior to the first date of intended use.
(h) Except as provided for in § 153.123(G)(2) above, no recreational vehicle shall be located on an individual property in an RSV zoning district without a recreational vehicle use permit first being issued by the Newberry County Zoning Office to the property owner. Failure to display a current recreational vehicle use permit shall be punishable by a fine assessed against the property owner, not to exceed $500 per day.
(i) Property owners desiring more than 24 hours of recreational vehicle parking or storage may apply for permits under this section.
(H) Conditions specific to the R2 zoning district.
(1) Purpose. The purpose of this section is to enable limited use of recreation vehicles (RVs) as temporary accommodations for workers who will be working for a period of time in or near the County, but do not intend to permanently relocate to the area. This section does not apply to a single temporary RV as otherwise allowed by this zoning ordinance.
(2) Conditions. A property owner may apply for a temporary RV accommodation permit in the R2 zoning district shall meet the following conditions:
(a) The parcel must be 10 contiguous acres or larger.
(b) One such temporary RV may be allowed per acre, however RV units may be clustered as long as they comply with all other requirements of this section and the setbacks required in the R2 zoning district. No more than 5 temporary RVs shall be allowed for this use on 1 parcel.
(c) No portion of any RV may be located closer than 20 feet to any portion of another RV or from a permanent residence if one is on the parcel.
(d) Application must be made by the property owner for each temporary RV requested to be located on the property. Application for more than 1 temporary RV may be submitted for a property at the same time.
(e) Such temporary RV shall be maintained in a manner which will facilitate and enable its removal by the expiration date of the permit.
(f) The placement of the temporary RV must meet SCDHEC requirements for water and wastewater connections and Newberry County requirements for temporary electrical service. Each proposed temporary RV dwelling shall have individual water, sewer and electrical service and connections and may not share such services with other temporary RV dwellings or permanent dwellings.
(g) A minimum setback of 100 feet is required between the perimeter of all RV sites and all property lines and the road right-of-way. A buffer of at least 50 feet in width is required along all side and rear property lines.
(3) Application. To apply for a temporary RV housing permit, the property owner shall submit the following information:
(a) A site plan drawn to a scale large enough to allow determination of the following:
1. The size and boundaries of the property;
2. The size and location of access, including driveways and access easements, from the parcel to a county, state or other public road;
3. The approximate location and size of all existing structures on the property; and
4. The proposed location and maximum size of all proposed temporary RV sites.
(b) Application and fees for electrical hookup for each proposed temporary RV as required by Newberry County.
(c) Approval for water and sewer service from the appropriate agency for each proposed temporary RV.
(4) Permit term, renewal and revocation.
(a) Term. A temporary RV housing permit issued to an applicant based on compliance with the requirements of this section shall be valid for a period not to exceed 12 months unless renewed according to the requirements of this section.
(b) Renewal. A request for renewal of a valid temporary RV accommodation permit shall be submitted by the applicant at least 45 days prior to the expiration of the temporary permit. Such request shall be made in writing to the Zoning Administrator.
(c) Revocation. If the Zoning Administrator determines that any of the requirements or conditions of this section or additional conditions imposed by the Board of Zoning Appeals have not been met, the Board of Zoning Appeals may revoke the temporary RV accommodation permit after notice to the property owner. If the permit holder fails to demonstrate to the satisfaction of the Board of Zoning Appeals that no grounds for revocation exist within 30 days, then the permit may be revoked.
(d) Expiration. Occupancy of the temporary RV shall cease immediately upon expiration of a temporary RV accommodation permit or within 14 days after mailing, by certified mail, of notice of revocation, whichever event shall occur first. All utilities shall be disconnected and the temporary RV dwelling shall be removed within 30 days after expiration or revocation of the temporary RV accommodation permit. An unoccupied RV may be stored on the property with all utilities disconnected as long as it meets the setback requirements for a manufactured home on an individual parcel, and any other applicable provision of this section or this zoning ordinance.
(Ord. 06-11-16, passed 9-21-2016)