For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. A structure that has been left vacant or unused or unoccupied for a period of 6 months or longer. It is further provided that the disconnection of electric power for a period of 6 months or longer, or the failure to ever connect such a structure to electric power after it is brought into Newberry County, creates a rebuttable presumption that the property has been abandoned.
ACCESSORY STRUCTURE. A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
ACCESSORY USE. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
AGENT, AUTHORIZED. An agent appointed by a property owner to act as that party's proxy in matters related to land use regulation, as duly authorized in writing.
ALLEY. A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
ANIMAL SHELTER, DOMESTIC. A pen, shelter or structure where dogs or other small domestic animals, not to include horses, cows, goats, swine, sheep, ponies or small horses, grazing animals or fowl are boarded or kept. This definition does not include commercial training or breeding facilities.
AUTOMOBILE SERVICE STATION. Use involving the sale of gasoline, lubricating oils, merchandise such as tires, batteries, auto parts, minor repairs, and may include limited sale of groceries or carwashes, but may not include storage of dismantled or wrecked vehicles for parts.
BAR. Premises used primarily for the sale or dispensing of alcohol for on-site consumption, and where food may be available for consumption on the premises as accessory to the principal use.
BED AND BREAKFAST. An owner-occupied house or portion thereof, where short-term (no more than a week at a time) lodging rooms and meals are provided for no more than 4 guest rooms at any 1 time.
BERM. Any hill or slope which represents a change of elevation of at least 2 feet at a slope of between 25 percent and 50 percent and which is covered with appropriate stabilizing vegetation.
BOARDING HOUSES. Same as rooming and boarding houses.
BODY PIERCING. The creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, navel, or eyebrow. BODY PIERCING for the purpose of this chapter does not include piercing an ear lobe with a disposable, single use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.
BREAST HEIGHT. A measurement of 4.5 feet above ground level.
BREWPUB. A tavern, public house, restaurant, or hotel that produces on the permitted premises a maximum beer per year for sale on the premises in compliance with S.C. Code § 61-4-1700.
BUFFER. A strip of land, that may be improved by landscaping, berms, walls, or fences, or any combination thereof, designed to mitigate the extent of higher intensity land uses on neighboring lower intensity uses. A buffer is an area within which no activity is allowed other than passive recreation and necessary utility and maintenance functions such as transmission lines, underground conduits, or irrigation. The buffer area is described by a linear measurement from the property line inward and will vary depending on the nature of the activity and its location.
BUFFER YARD. A strip of land improved by landscaping or fences, or both, designed to mitigate the extent of higher intensity land uses on neighboring lower intensity uses.
BUILDABLE AREA. That portion of any property that may be used or built upon in accordance with the regulations governing the zoning district within which the property is located when the required front, side and rear yard setbacks, open space, and applicable buffer area requirements have been met.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
CALIPER. The diameter measurement of the trunk taken 6 inches above ground level for trees up to and including 4 inch caliper. Caliper shall be measured 12 inches above ground level for larger trees.
CAMPGROUND AND RECREATIONAL VEHICLE (RV) PARK. A commercial facility for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis.
CHANGE OF USE. Any use that substantially differs from the previous use of a building or land.
CHURCH. Any building or structure, or group of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
CIVIC ORGANIZATION. See club, lodge, civic or fraternal organization, fraternity, sorority.
CLUB, LODGE, CIVIC OR FRATERNAL ORGANIZATION, FRATERNITY, SORORITY. An incorporated or unincorporated association for civic, social, cultural, religious, literary, political, or like activities, operated for the benefit of its members and not open to the general public.
CLUSTER HOUSING. A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas or agriculture.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). Agricultural operations where animals have been, are, or will be kept, fed and maintained in confined situations. Animals have been, are, or will be confined for a total of 45 days in any 12-month period and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Feed is brought to the animals rather than allowing the animals to graze or otherwise seek feed in pastures, fields or on rangeland. Designation as a CAFO is per SC DHEC. Structures used for storage of animal waste from animals in the operation are part of the confined animal feeding operations.
CONCENTRATED ANIMAL FEEDING OPERATIONS FOR SWINE, NEW. Porcine production operations not in existence on June 30, 2006 (S.C. Code § 46-45-20).
CONDITIONAL USE. A use permitted in a particular zoning district upon demonstration that the use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in §§ 153.088 et seq. - Conditional Uses.
CORNER LOT. See lot, corner.
CRITICAL ROOT ZONE (CRZ). The area of soil around a tree where the majority of the roots are located and that provide structural stability as well as uptake of water and minerals. In general, the CRZ will be determined by the ratio of radial distance to diameter at breast height (i.e. - 2 radial feet for every 1 inch of diameter at breast height).
CURB CUT. The opening along the curb line where vehicles may enter or leave the roadway.
DAY CARE, CHILD/ADULT. The care, supervision or guidance of a child/adult or children/adults, unaccompanied by the parent, guardian or custodian, on a regular basis, for periods of less than 24 hours per day, but more than 4 hours, in a place other than the child's/adult's own home or homes.
DAY CARE FACILITIES, CHILD/ADULT. Any facility that provides care, supervision or guidance for any minor child or adult who is not related by blood, marriage or adoption to the owner or operator of such a facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to:
(1) CHILD/ADULT DAY CARE CENTER. Any facility that regularly receives 7 or more children and/or adults for day care.
(2) FAMILY CHILD/ADULT DAY CARE HOME. An occupied residence where child and/or adult day care is regularly provided for no more than 6 children and/or adults, unattended by a parent or legal guardian, including those children/adults living in the home and children/adults received for day care who are related to the resident caregiver. This definition does not include an occupied residence in which child and/or adult care is regularly provided only for a child/adult or children/adults related to the resident caregiver, or only for the child/adult or children/adults of 1 unrelated family, or only for a combination of such children/adults.
DEVELOPED LOT. Any lot that has been developed with buildings or other improvements, or for which development approval, such as a final plat approval, a zoning permit, or a certificate of occupancy, has been issued.
DIAMETER AT BREAST HEIGHT (DBH). Measurement of tree trunk diameter taken at breast height, which is measured 4.5 feet above ground level.
DISPLAY AREA OR LOT. Any unenclosed area used for the display of merchandise.
DISTRICT. A geographical area assigned a zoning district designation in accord with the provisions of this chapter.
DRINKING PLACE. Establishment primarily engaged in retail sale of alcoholic drinks for consumption on premises. Sale of food may account for a substantial portion of receipts.
DRIVE-THRU RESTAURANT. Any eating or drinking establishment that, by its structural design, site characteristics, or manner of food service encourages consumption of food or beverages in automobiles on the premises or upon public streets adjacent thereto.
DRIVEWAY. A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building or other structure or facility.
DRIVEWAY, PRIVATE. A privately owned and maintained driveway that provides access to no more than 3 single-family residences.
DWELLING. A structure or portion thereof that is used exclusively for human habitation.
DWELLING, DUPLEX. A building on a single lot containing 2 dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof, and including separate entrances, kitchens and bathrooms for each dwelling unit. This 2-dwelling unit is not physically attached to any other principal structure.
DWELLING, MULTI-FAMILY. A building containing 3 or more dwelling units including, but not limited to, units that are located one over the other.
DWELLING, PATIO HOME. A single-family detached or semi-detached dwelling unit built on a small lot generally enclosed by walls which provide privacy.
DWELLING, SINGLE-FAMILY ATTACHED. A residential structure containing more than 2 dwelling units in which units are physically attached, and each has its own separate exterior entrance way and a separately owned lot. Townhouses and patio homes are included in this definition.
DWELLING, SINGLE-FAMILY DETACHED. A building containing not more than 1 dwelling unit, not physically attached to any other principal structure, and specifically excluding manufactured homes.
DWELLING, TOWNHOUSE. A series of attached single-family dwelling units on separate lots in which each has its own front and rear access to the
outside, no unit is located over another unit, each unit is separated from any other unit by 1 or more common vertical walls, and which may or may not have a common roof.
DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household.
DWELLING, ZERO LOT LINE. A residential building containing not more than 1 dwelling unit on an individual lot, is not physically attached to any other principal structure, and which instead of being centered on the lot is placed against at least 1 of the side lot lines.
EASEMENT. A grant of 1 or more property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
ENLARGEMENT. An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements.
FAMILY. One or more persons residing in a single dwelling unit. Unless all members are related by blood, marriage, or adoption, no such family shall contain more than 3 persons. Domestic servants, required medical personnel employed on the premises, or children in approved foster care may be housed within the single dwelling unit without being counted as family or families. Pursuant to South Carolina Code of Laws § 6-29-770(E), Homes for the Handicapped (see definition in this Chapter) are to be perceived as a family as if related by blood or marriage.
FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS. Regulations promulgated by the Department of Housing and Urban Development (HUD) governing the design and construction, strength and durability,
transportability, fire resistance, energy efficiency, and quality of manufactured housing. These standards also set performance requirements for heating, plumbing, air conditioning, thermal, and electrical systems.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
FORESTED AREA. An area covered with trees and undergrowth.
FRATERNAL ORGANIZATION, FRATERNITY. See club, lodge, civic or fraternal organization, fraternity, sorority.
FREESTANDING SIGN. See sign, freestanding.
FREESTANDING TOWER. A wireless communications support structure with no guy wires. This can be either a lattice or monopole tower.
GARAGE. A deck, building, or parking structure, or part thereof, used, or intended to be used for the parking and storage of vehicles.
GRADING. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.
GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating 2 buildings, but excluding any space where the floor-to-ceiling height is less than 6 feet.
GROUND COVER. Any plant material that serves to prevent soil erosion by covering large areas of ground, and which does not grow beyond 12 inches in height.
GUYED TOWER. Any variety of wireless communication support structures using guy wires connecting above grade portions of a communication support structure diagonally with the ground or the
structure on which the tower is placed. The purpose of the wire guys is to provide support for wireless communications towers, antennas, and connecting appurtenances.
HELIPAD. An identifiable area on land, water, or a structure, including any buildings or facilities thereon, used or intended to be used for the landing and take-off of helicopters or other tilt rotor aircraft.
HOME FOR THE HANDICAPPED. Pursuant to the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code § 6-29-770, a home serving 9 or fewer mentally or physically handicapped persons, providing 24-hour care, and approved or licensed by a state agency, department or under contract with the agency or department, is exempt from local zoning ordinance requirements. Residents of such a home are perceived as a natural family, as if related by blood or marriage. Approval and licensing for such use is by the appropriate state agency, as provided in S.C. Code § 6-29-770.
HOME OCCUPATION. An occupation, profession, or trade customarily and commonly carried out by an occupant in a dwelling unit as a secondary use that is clearly incidental and subordinate to the residential character of the dwelling unit.
HOTEL. A building in which lodging for pay is offered to the public, with or without meals, for transient or permanent guests, including a motel or tourist court containing 5 or more guest rooms.
INTENSITY OF USE. The number of dwelling units per acre for a residential development and the amount or degree of activity for commercial and industrial development.
JUNK. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or abandoned.
JUNK, SALVAGE, SCRAP, OR WRECKING YARDS. Any use involving storage or processing of inoperable, disused, dismantled, or wrecked vehicles, equipment, or machinery or the storage or processing of scrap metal, waste paper, rags, food processing wastes, construction wastes, industrial wastes, secondhand building materials, or other scrap, salvage, waste, or junk materials.
KENNEL. A commercial establishment where dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
LAND DISTURBANCE. Any activity that changes the physical conditions of land form, vegetation and hydrology, creates bare soil, or otherwise causes erosion or sedimentation. Such activities include, but are not limited to clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging and storing of materials.
LANDFILL. Per SC DHEC Regulation 61-107.19: Solid Waste Landfills and Structural Fill, a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well.
(1) CLASS ONE LANDFILL. A landfill used solely for the disposal of trees, stumps, wood chips, and yard trash that is generated from land-clearing activities, excluding agricultural and silvicultural operations when generation and disposal are on site.
(2) CLASS TWO LANDFILL. A landfill used for the disposal of environmentally safe waste, as determined by SC DHEC, as may be generated by construction, demolition, land-clearing, industrial, and/or manufacturing activities, and/or obtained from segregated commercial waste. A listing of such materials is included in Appendix 1 of Regulation 61-107.19. However, any materials listed in that appendix that have been contaminated by any
hazardous constituent as listed in the S.C. Hazardous Waste Management Regulations 61-79.261, or petroleum products, are prohibited from disposal at a Class Two Landfill.
(3) CLASS THREE LANDFILL. A landfill that accepts municipal solid waste, industrial solid waste, sewage sludge, nonhazardous municipal solid waste incinerator ash and other nonhazardous waste.
LATTICE TOWER. A wireless communications support structure that consists of a network of vertical and horizontal supports and crossed metal braces, forming a tower which is usually triangular or square in cross-section.
LOT. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
LOT AREA. The total area within the property lines of a lot, excluding any street right-of-way.
LOT, CORNER. Any lot that is bounded on 2 or more consecutive sides by road rights-of-way which intersect at an angle of 135 degrees or less.
LOT COVERAGE. The area of the lot, which when viewed directly from above would be covered by all principal accessory buildings and structures.
LOT FRONTAGE. The front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided upon that basis. The phrase "street frontage" shall be interpreted to have the same meaning as the phrase "lot frontage."
LOT, INTERIOR. A lot other than a corner lot, with only 1 frontage on a street.
LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT OF RECORD. A lot defined by plat or described by metes and bounds which has been duly recorded with the County Clerk of Court.
LOT, REVERSE FRONTAGE. A through lot that is not accessible from 1 of the parallel or nonintersecting streets upon which it fronts.
LOT, THROUGH. A lot that fronts upon 2 parallel streets or that fronts upon 2 streets that do not intersect at the boundaries of the lot.
LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.
MANUFACTURED HOME. A manufactured single-family dwelling, or integral part thereof, so constructed that it may be transported, temporarily or permanently affixed to real estate, and comprised of 1 or more components, that meets the National Manufactured Home Construction and Safety Standard Act (42 U.S.C. §§ 5401 et seq.), commonly known as the HUD Code. Manufactured homes in Newberry County must meet the requirements of §§ 150.25 through 150.99 of the Newberry County Code of Ordinances.
MANUFACTURED HOME PARK. A lot providing rented parking space for 5 or more manufactured homes used for dwelling units, including service buildings and facilities. Manufactured home sale or storage lots for unoccupied units are not manufactured home parks.
MINI-WAREHOUSE. A building or group of buildings on a fenced, controlled access lot which contain individual locked compartments for storage of personal property.
MOBILE FOOD TRUCK OR TRAILER. A readily movable, motorized, wheeled vehicle, whether self-propelled or towed, that is designed and equipped to serve store, prepare, or serve, and sell food, other than or in addition to food products identified in the definition of products sold by an ice cream truck.
MOBILE HOME. A manufactured, single-family dwelling, constructed so that it may be transported, and temporarily or permanently affixed to real estate, and that was manufactured prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, effective June 15, 1976.
MODULAR BUILDING. A structure consisting of 2 or more prefabricated components designed to be transported to a lot and placed on a permanent foundation, and which is certified by the South Carolina Building Codes Council as conforming to the International Building Code standards for site built units. A house trailer or manufactured home is not a modular building.
MONOPOLE TOWER. A self-supporting communications tower consisting of a single pole without guy wires or other stabilizers.
MOTEL. A building or buildings where lodging, with or without meals, is offered to the public for consumption, including a hotel, tourist court, or inn.
MULCH. Organic material that is spread on the soil surface, normally around newly planted trees or other areas, to reduce weed growth, to retain soil moisture and moderate soil temperature extremes, to reduce compaction, to prevent damage from lawn-maintenance equipment, to reduce erosion, to improve soil quality and/or to improve aesthetic appearance of the landscape. Mulch can be composed of chipped, ground or shredded organic material such as bark or wood.
MULTI-FAMILY DWELLING. See dwelling, multi-family.
NONCONFORMING. A term applied to lots, structures, uses of land or structures, and characteristics or use of land or structures that were lawful before the passage or amendment of this chapter, but which are prohibited by this chapter or which are not in compliance with the requirements of this chapter.
NOXIOUS PLANT. Any plant that can directly or indirectly injure crops and other useful plants, interests of agriculture or navigation, fish or wildlife resources, or the public health.
OFF-STREET LOADING. Designated areas located adjacent to buildings where trucks may load and unload cargo.
OFF-STREET PARKING. An area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street arranged so that maneuvering incidental to parking shall not be on any public street and so that an automobile may be parked or unparked therein without moving any other automobile.
OPEN SPACE. Unless otherwise defined in this chapter, open space is any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring the open space. Open space shall include recreational areas, greenways, and wooded areas.
OPEN SPACE RATIO. The open space ratio is a measure of the intensity of land use. It is calculated by dividing the total amount of open space within the site by the total site area.
OVERLAY DISTRICT. A zoning district that encompasses 1 or more underlying zones and that imposes additional requirements above those required by the underlying zone.
OWNER. An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.
PARCEL. A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
PARK. An area or facility intended to be used for recreation, exercise, sports, or similar activities or an area intended to enhance the enjoyment of natural features or natural beauty, but specifically excluding commercially operated amusement parks.
PARKING AREA. Any public or private area located under or outside of a building or structure and designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.
PARKING LOT. A public or private open lot for parking motor vehicles as a principal use or as an accessory use to a commercial use.
PERMITTED USE. A use permitted outright by district regulations.
PERMITTEE. A person in whose name a permit has been issued, as well as the individual listed as an applicant on the application for a permit.
PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
PEST. An organism, including but not limited to insects, bacteria or fungi, that is severely damaging, noxious, a nuisance or fatal to a plant or animal.
PLANNED DEVELOPMENT DISTRICT. An area of land wherein a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply. The procedure for approval of the development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans. See § 153.074 for more details.
PLAT.
(1) A map representing a tract of land showing the boundaries and location of individual properties and streets.
(2) A map of a subdivision or site plan.
PORTABLE ON-DEMAND STORAGE CONTAINER (POD). A transportable unit designed and used primarily for temporary storage of building materials, household goods, personal items and other materials, for use on a limited basis, typically delivered and removed by truck. The reuse of a shipping container as included in the definition of Transport Containers for storage is not included in this definition.
PRINCIPAL STRUCTURE OR USE. A structure or use that is significant or primary rather than accessory.
PROHIBITED USE. A use that is not permitted in a zone district.
PUBLIC HEARING. A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
RECREATIONAL. A use that involves a pastime, exercise, diversion or other resource affording relaxation and enjoyment. Common recreational activities include, but are not limited to: hunting, fishing, swimming, boating, camping, hiking, travel, nature study, golf, tennis, horseback riding, participatory sports, spectator sports; viewing or enjoying historic, archaeological, scenic or scientific sites, and the like.
RECREATIONAL VEHICLES. Vehicular-type portable structures without permanent foundation, but with undercarriage, and any necessary axles and wheels continually affixed, that can be towed, hauled, or driven, and are designed as temporary living accommodations for recreational camping and travel
use, including but not limited to travel trailers, truck campers, camping trailers, fifth wheel trailers, and self-propelled motor homes.
RESIDENCE. A dwelling.
RESIDENTIALLY ZONED PROPERTY. A property located in the RS, RSV, RSM and RG zoning districts.
RESTAURANT. An establishment where food and drink are prepared, served, and consumed primarily within the principal building.
RETAIL SALES. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of the goods.
RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
ROAD CLASSIFICATION. Functional road classification is the process by which streets and highways are grouped into classes according to the character of service they are intended to provide. Classifications are provided and updated regularly by the SC Department of Transportation and are based on criteria that include road type and traffic volume.
(1) ARTERIAL ROAD. A road of regional importance or a main road of the community that is expected to carry either heavy vehicular traffic volumes or high-speed traffic or both. Arterial roads form a connected network of continuous routes that provide countywide and regional linkages. Arterials are characterized as having access control, channelized intersections, and signalization. Service to abutting land is subordinate to the provision of travel service.
(2) COLLECTOR ROAD. A road that is used or intended to be used for moving traffic from local roads to arterial roads. Collectors are generally shorter than arterials, but carry high volumes of traffic. Collector roads carry primarily residential traffic, but provide no or limited residential frontage.
(3) LOCAL ROAD. Local roads primarily provide access to adjacent land and road systems of higher classification and travel over relatively short distances as compared to collector roads. The local street system comprises all facilities not assigned a higher classification and offers the lowest level of mobility.
ROAD FRONTAGE. Any strip of land adjacent to a public or private road right-of-way.
ROOMING AND BOARDING HOUSE. Any dwelling, other than a hotel or motel, in which 3 or more persons who are not members of the owner's or operator's family are housed or lodged in rooms used or intended to be used for living and sleeping but not for cooking or eating purposes, for compensation, with or without meals being provided. Any dwelling in which the accommodations are offered in 4 or more rooms shall be considered to be a hotel or motel.
SALVAGE YARD. See JUNK YARD.
SATELLITE DISH ANTENNA. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. The device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, television reception only satellite dish antennas, and satellite microwave antennas.
SCRAP YARD. See JUNK YARD.
SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SCREENING, OPAQUE. An opaque screen is intended to exclude visual contact with the feature, land use or activity that is required be screened from any property, public street, or right-of-way that is afforded such protection.
SETBACK LINE. The linear distance that establishes buildable and non-buildable area measured inward from the road right-of-way or adjoining property lines. Buildings and other principal structures comprising the activity of the site may not encroach upon this space. However, an accessory activity such as parking or a driveway may be located within the setback unless superseded by a buffer.
SEXUALLY-ORIENTED BUSINESS. An establishment so defined in Chapter 111 of the Newberry County Code of Ordinances.
SHOPPING CENTER. One or more commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
SHRUB. A deciduous or evergreen perennial woody plant of relatively low height, smaller than a tree, with several major branches arising from near the base of the main stem.
SIGN. Any object, device, fixture, placard, display, or structure, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
(1) SIGN, ANIMATED. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
(2) SIGN AREA. The area of a sign face.
(3) SIGN, BANNER (OUTDOOR ADVERTISING). A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational, or corporate organizations.
(4) SIGN, BEACON. Any sign with 1 or more beams directed into the atmosphere or directed at 1 or more points not on the same zoning lot as the light source; also, any light with 1 or more beams that rotate or move.
(5) SIGN, BILLBOARD. A type of off-premises sign, generally, but not always, consisting of a rigidly assembled sign, display, or devise, that is affixed to the ground or to a building, the primary purpose of which is to display advertising posters.
(6) SIGN, BUILDING. Any sign attached to any part of a building, as contrasted to a freestanding sign. Examples include, but are not limited to: wall, projecting, suspended, and roof (including integral roof) signs; marquees, canopies, banners, and building markers.
(7) SIGN, CAMPAIGN OR ELECTION. A sign that advertises a candidate or issue to be voted upon on a definite election day and in a local, state, or federal election process.
(8) SIGN, CANOPY. Any sign that is a part of, or attached to, an awning, canopy, fabric or plastic, or structural protective cover over a door, entrance, window, or service area. A marquee is not a canopy (see SIGN, MARQUEE).
(9) SIGN, CHANGEABLE COPY. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the remaining face or the surface of the sign.
(10) SIGN, CONSTRUCTION. A sign placed at a construction site identifying or announcing the names of the building, contractors, architects, engineers, owners, and financial, selling, and development agencies for work involving construction, alteration, or removal.
(11) SIGN COPY. Any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign face.
(12) SIGN, DIRECTIONAL OR INSTRUCTIONAL. An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance," "exit," "parking," "one-way," "warning," "no trespassing," or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
(13) SIGN, DIRECTION OR INSTRUCTIONAL - PRIVATE. Off-premises signs indicating the location and direction to property available for or under development erected on private property, which may display the names of the owner, developer, builder, or agent.
(14) SIGN, DIRECTORY. A sign other than an identification sign, listing the names, uses, or locations of the various businesses or activities conducted within a building or group of buildings that is centrally located and intended to provide direction
(15) SIGN FACE. That part of the sign that is or can be used to identify, advertise, or communicate information or that is used to attract the attention of the public for any purpose. This definition includes any frame, structural member, or other part of the sign when such is designed or used, including the use of color or lighting, to attract the attention of the public.
(16) SIGN, FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other business entity.
(17) SIGN, FLASHING. A sign that uses an intermittent or flashing light source to attract attention.
(18) SIGN, FREESTANDING. Any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure. Examples include, but are not limited to, ground and pole signs.
(19) SIGN, GOVERNMENT. Any temporary or permanent sign erected and maintained for any governmental purposes.
(20) SIGN, GROUND OR MONUMENT-TYPE. A freestanding sign that extends from the ground or is attached directly to the ground generally for the entire length of its bottom sign face dimension, or that has a support which places the bottom of the sign less than 12 inches from the ground.
(21) SIGN HEIGHT. The distance from the base of the sign at normal grade to the top of the highest attached component of the sign.
(22) SIGN, IDENTIFICATION. A sign that displays only the name, address, and/or crest, insignia, trademark, occupation or profession of an occupant, or the name of any building on the premises.
(23) SIGN, INCIDENTAL. A sign, generally informational, that has a purpose secondary to the use of the zoning lot where it is to be located, such as “no parking,” “entrance,” “loading only,” “telephone,” and other similar directives which are free of any commercial, advertising, or similarly unrelated message.
(24) SIGN, INTEGRAL ROOF. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above
the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than 6 inches.
(25) SIGN, KIOSK. A freestanding sign consisting of 3 to 5 sides that lists names of businesses located on a property, in a building, or within the immediate area.
(26) SIGN, KNOCKOUT. An internally illuminated sign on which only the lettering and graphics are transparent to the light.
(27) SIGN, MARQUEE. Any sign attached to, in any manner, a marquee. For purposes of this definition, a marquee is defined as a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
(28) SIGN, MEMORIAL OR PLAQUE. A sign designating the name of a building and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into or attached to a building surface.
(29) SIGN, MONUMENT. A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or solid structural features other than support poles where the base of the sign is on the ground or no more than twelve inches above the adjacent grade.
(30) SIGN, MULTI-FACED. A sign having more than 1 face.
(31) SIGN, NONCONFORMING. Any sign that was legally in existence prior to this chapter and made illegal by this chapter.
(32) SIGN, OFF-PREMISES ADVERTISING. A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured or to an entertainment offered on a site not where the sign is located.
(33) SIGN, ON-PREMISES. A sign that directs attention to a business, commodity, or service, that is conducted, sold, or offered on the premises on which the sign is erected.
(34) SIGN, PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
(35) SIGN, POLE. A freestanding sign that is supported by a pole(s) and otherwise separated from the ground by air.
(36) SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structures, or a sign designed to be transported including but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T- frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.
(37) SIGN, PROJECTING. A sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches beyond the surface of such building or wall.
(38) SIGN, REAL ESTATE. A sign that is used to offer for sale, lease, or rent the premises upon which such sign is placed.
(39) SIGN, RIDER. A sign designed to accommodate other signs suspended from its frame.
(40) SIGN, ROOF. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
(41) SIGN STRUCTURE. The frame supporting a freestanding sign, wall sign, projecting sign, suspended sign, portable sign, marquee sign, or roof sign and poles or supports used to elevate or support the frame.
(42) SIGN, SUSPENDED. A sign that is suspended from the underside of a horizontal plane surface which is supported by such surface.
(43) SIGN, TEMPORARY. A sign that is not permanently installed in the ground or affixed to any structure or building.
(44) SIGN, WALL. Signs attached to, projecting from, or painted on the surface of the wall.
(45) SIGN, WINDOW. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
SITE PLAN. The development plan for 1 or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways, landscaping and open spaces, walkways, means of ingress and egress, circulation, utility services, parking, structures and buildings, signs and lighting, berms, buffers, screening devices, surrounding development, and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
SLAUGHTERHOUSE OPERATION, NEW. An operation, established after May 30, 2006, that slaughters or processes more than 200 million pounds of livestock, hogs, aquatic animals, equine, chickens, turkeys, poultry, or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits, or similar farm animals for commercial purposes (S.C. Code § 46-45-20).
SOLAR COLLECTOR. A device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy for direct power consumption, which may or may not include interconnection with the power grid to offset energy consumption of a principal use.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector
SOLAR ENERGY SYSTEM. A complete assembly consisting of 1 or more solar collectors and associated mounting hardware or equipment.
(1) BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to active photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings, or passive systems that are designed to capture direct solar heat.
(2) BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system affixed to either a principal or accessory structure on a lot.
(3) GROUND-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is structurally independent from any building.
SOLAR FARM. A series of 3 or more ground-mounted solar collectors installed on a site for the purpose of converting energy into electrical or thermal energy for on-site and/or off-site energy consumption. The area of the system includes all land inside the perimeter of the system and extends to any fencing. This term does not include building-integrated or building-mounted systems.
SPECIAL EXCEPTION. A use permitted in a particular zoning district upon showing to the Board of Zoning Appeals that the use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter and authorized by the Board of Zoning Appeals.
STACKING SPACE. A stacking lane is an on-site queuing lane for vehicles associated with a drive-through facility, fuel island, car wash, automatic teller machine (ATM), or similar facility. A stacking space is the area needed for 1 vehicle within the stacking lane.
STAY. To stop; to suspend, also known as a stay of proceedings. A stay is a suspension of a case or of a particular proceeding within a case. In the legal context, a stay prevents further action until a prescribed future event occurs.
STREET. A public thoroughfare designed to provide the principal means of access to abutting property, or designed to serve as a roadway for vehicular travel, or both, but excluding alleys.
STRUCTURAL DEFECT, TREE. Any naturally occurring or secondary condition such as cavities, weak branch attachments, cracks or decayed wood in the trunk, crown or roots or a tree that may contribute to structural failure. Structural defects can lead to risk-tree designation based on the type, location, severity and/or number of the defect(s).
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground, including for purposes of this chapter buildings, mobile manufactured homes, travel trailers, signs, swimming pools, fences, and antennae, but excluding from definition as structures minor landscaping features such as ornamental pools, planting boxes, bird baths, paved surfaces, walkways, driveways, recreational equipment, flagpoles, and mailboxes.
SUBSTANTIAL ENLARGEMENT. The increase in floor area(s) occupied by a use by more than 25%, as the floor area(s) existed at the time of permitting or on December 5, 2001, whichever is later.
SUBSTANTIAL REHABILITATION. The act of rehabilitating a structure or dwelling to the extent necessary to bring the structure or dwelling into compliance with the International Building Code or the Department of Housing and Urban Development's standards for construction of manufactured housing units, whichever applies.
TATTOO. Tattoo or "tattooing" means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments.
TATTOO OR BODY PIERCING ESTABLISHMENT. Any room, space, location, area, structure, or business, or any part of any of these places, where tattooing and/or body piercing is practiced or where the business of tattooing and/or body piercing is conducted.
TEMPORARY. A use that is not permanent. When the term is applied to a residence, a temporary use is not a substitute for a fixed abode.
THOROUGHFARE. Any major arterial road; 1 of the principal routes into and through the community.
TRANSFER OF BUSINESS OWNERSHIP OR CONTROL. This term shall include any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.
TRANSPORT CONTAINER.
(1) A reusable, fully enclosed and securable unit that is or appears to be:
(a) Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
(b) Designed or capable of being mounted or moved on a rail car; or
(c) Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded onto a ship.
(2) Such containers may have been repurposed as storage after primary use, or intended use, for shipping of goods by truck or ship as described above. A transport container shall not be used for temporary portable on-demand storage as defined by this chapter.
TREE. A woody perennial plant, generally with a single trunk but sometimes having multiple trunks, with the potential to attain a mature size of at least 5 inches in trunk diameter at 4.5 feet above the ground and a height of at least 15 feet.
(1) TREE, LARGE MATURING. A tree, either single or multi-stemmed, which is of a species that at maturity has the potential to reach a height of at least 45 feet during normal growing conditions.
(2) TREE, MEDIUM MATURING. A tree, either single or multi-stemmed, which is of a species that at maturity has the potential to reach a height of at least 25 feet during normal growing conditions.
(3) TREE, SMALL MATURING. A tree, either single or multi-stemmed, which is of a species that at maturity has the potential to reach a height of at least 15 feet during normal growing conditions.
TREE MAINTENANCE. Routine, periodic or occasional activities directed at maintaining or improving a tree's health and condition. Maintenance activities include but are not limited to mulching, pruning, irrigation, fertilization, pest control, cabling and bracing and lightning protection system installation and/or any other accepted arboricultural practice.
TREE PROTECTION. The active protection of a tree's roots, trunk and crown for the purpose of avoiding damage to the living structure and to maintain tree health and structural integrity.
TREE PROTECTION ZONE (TPZ). A defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees before, during and after construction activities. The TPZ is defined by a physical barrier such as fencing, soil berms and signs.
TREE REMOVAL. The cutting of a tree near ground line which removes the tree's trunk and crown. The tree stump and roots may or may not be removed along the trunk and crown.
TREE ROOTS. The below ground portion of a tree that includes large, woody roots that anchor and support the trunk and crown as well as the small, fibrous roots responsible for water and mineral uptake and gas exchange. Roots are generally located within the top 18 inches of soil and may extend out from the trunk 2 to 3 times the width of the crown.
TREE TRUNK. The main woody stem of a tree that connects the roots to the crown and which supports the crown. It functions in the transport of water, minerals and carbohydrates from the crown to the roots and the roots to the crown.
VARIANCE. Relief granted by the Board of Zoning Appeals from the strict application of zoning regulations in an individual case of unnecessary hardship base on factual findings and specific criteria required by law.
VEGETATION. A living organism of natural growth, including, but not limited to, trees, shrubs, groundcovers, vines, grasses (both lawn and ornamental), herbaceous perennials, biennials, annuals, bulbs, ferns, mosses and lichens.
YARD. A required open space established by required setbacks, unoccupied and unobstructed by structures except those specifically permitted.
YARD, FRONT. A yard situated between the front building line and the front lot line extending the full width of the lot.
YARD, REAR. A yard situated between the rear building line and the rear lot line and extending the full width of the lot.
YARD, SIDE. A yard situated between the side building line and the side lot line and extending from the front yard to the rear yard.
ZONE. A specifically delineated area or district within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.
ZONING ADMINISTRATOR. The person designated by the County Administrator to administer this zoning ordinance. Such person may or may not be a county employee.
(Ord. 06-11-16, passed 9-21-2016; Am. Ord. 12-23-18, passed 2-6-2019)