(A) Interpretation.
(1) The words and phrases used in this chapter shall have their customary and ordinary meanings as defined in a standard dictionary, except for the specific words and phrases as defined in this chapter.
(2) The present tense includes the past and future tenses. Singular words shall include the plural, and plural words include the singular.
(3) The word “person” includes a firm, association, partnership, trust, company, corporation, or any other entity.
(4) The word “shall” is mandatory, the word “may” is discretionary.
(5) The word “used” or “occupied” include the words “intended, designed or arranged to be used or occupied.”
(6) The word “lot” includes the words “plot or parcel.”
(7) The word “structure” includes the word “building.”
(8) References to NAICS codes shall mean those codes assigned to businesses in the latest standard Industrial Classification Manual published by the Office of Management and Budget. NAICS Codes are listed in the tables of uses for each district as an aid in interpretation and determination of those specific uses included in a general class of uses.
(9) Interpretation of “contiguous” as applied to lots or districts. The word “contiguous” as applied to lots or districts shall be interpreted as meaning “sharing a common boundary of 10 or more feet in length.”
(10) Interpretation of “on the premises of.” The phrase “on the premises of,” as applied to accessory uses or structures shall be interpreted to mean “on the same lot or on a contiguous lot in the same ownership.”
(B) Definitions. The following terms shall apply to this chapter as written unless context indicates or requires a different meaning.
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.
ADULT DAY CARE CENTER. A facility that provides supervision, therapy, and social development activities for impaired adults, licensed according to regulations by DHEC.
ALLEY. A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
AUTHORITY, HORTICULTURAL/ LANDSCAPE. Any individual or source, licensed, registered, decreed or otherwise acknowledged as capable of providing expert information and reference in horticultural science and/or landscape design and maintenance.
AUTOMOBILE SERVICE STATION. (See NAICS Code 447110). 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 liquor by the drink 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. No more than 4 guest rooms can be available for accommodations and breakfast service in such an establishment at any one time.
BERM. Any hill or slope which represents a change of elevation of at least 2 feet at a slope of between 25% and 50% and which is covered with an appropriate stabilizing vegetation.
BOARDING HOUSES. Same as ROOMING AND BOARDING HOUSES.
BUFFER. Open spaces, landscaped area, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.
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.
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.
CHANGE OF USE. Any use that substantially differs from the previous use of a building or land.
CHILD DAY CARE CENTER. Any agency, institution, center, or other place, however styled and whether operated under public auspices, as a private business, or by an established religious denomination, in which are received for temporary custodial care apart from their parents, part of the day or all of the day or night, and upon any number of successive days, one or more children not related to the persons providing such temporary custodial care.
CHURCH. Any building or structure, or group of buildings or structures, which 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.
CONDITIONAL USE. A use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the zoning ordinance and authorized by the approving agency.
CORNER LOT. See LOT, CORNER.
CURB CUT. The opening along the curb line at which point vehicles may enter or leave the roadway.
DECORATIVE CURBING. Parking or storage lot pavement curbing usually constructed of stone or unit masonry and designed to control surface drainage and serve as a barrier to vehicular traffic.
DEVELOPED LOT. Any lot which 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 or occupancy, had been issued before the effective date of this chapter.
DISPLAY AREA OR LOT. Any unenclosed area used for the display of merchandise.
DISTRICT. A part, zone, or geographic area within which the provisions and regulations of this chapter apply uniformly to each class or kind of structure or land.
DRINKING PLACE. (See NAICS Code 722410) 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 which, 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.
DWELLING. A structure or portion thereof that is used exclusively for human habitation.
DWELLING, MULTIFAMILY. A building containing 3 or more dwelling units, including units that are located one over the other.
DWELLING, SINGLE FAMILY DETACHED. A building containing not more than 1 dwelling unity, not physically attached to any other principal structure, and specifically excluding mobile homes.
DWELLING, TWO FAMILY DETACHED. 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 the ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. This 2 family detached dwelling is not physically attached to any other principal structure.
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.
EASEMENT. A grant of one or more of the 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 occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over 3 persons, but further provided that domestic servants or required medical personnel employed on the premises may be housed within the single dwelling unit without being counted as a family or families.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building from the exterior face of exterior walls, or from the centerline of a wall separating 2 buildings, but excluding any space where the floor-to-ceiling height is less than 6 feet.
FOOTCANDLE. The unit of illumination when the foot is the unit of length.
FOSTER HOMES. A foster home provides substitute family care for a child or children by a family group consisting of a male and female foster parent other than the child's own parents, blood relatives or legal guardian, in return for a monetary remuneration for such care. A foster home must be authorized or licensed by the Newberry County Department of Social Services, Alston Wilkes, church sponsored homes, and others to be considered as a foster home under the provisions of this chapter, and any unauthorized or unlicensed use shall be prohibited. In no case shall more than 2 foster children be housed in a single bedroom or room designated for sleeping purposes. There shall be no more than 5 foster children in a home.
FRATERNAL ORGANIZATION, FRATERNITY. See CLUB, LODGE, CIVIC OR FRATERNAL ORGANIZATION, FRATERNITY, SORORITY.
FREESTANDING SIGN. See SIGN, FREESTANDING.
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 centerline 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 which serves to prevent soil erosion by covering large areas of ground, and which does not grow beyond 12 inches in height.
GROUP HOME. A nonprofit or for-profit boarding home for the sheltered care of 4 or more persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation, unless otherwise specified with another definition in this chapter.
GROUP HOUSING DEVELOPMENT. A single lot of record upon which is erected more than one building containing dwelling units, and all the structures thereon; or a single lot upon which is erected a single structure designed to contain more than 4 dwelling units on the first floor level thereof or designed to contain more than 8 dwelling units throughout; except that high rise apartments are not defined as group housing developments.
HOME OCCUPATION. An occupation, profession, or trade customarily, and commonly, carried out by an occupant in a dwelling unity as a secondary use which is clearly incidental and subordinate to the residential character of the dwelling unit.
HOTEL. (See NAICS Code 721110). A building in which lodging for pay is offered to public, with or without meals, for transient or permanent guests, including motel or tourist court containing five or more guest rooms.
IN-HOME ADULT DAY CARE CENTER. A facility that provides supervision, therapy, and social development activities for no more than 6 impaired adults, in the home of the proprietor, licensed according to regulations by DHEC.
IN-HOME CHILD DAY CARE CENTER. An in the home child day care center, which is operated by a resident of the home and in which are received for temporary custodial care apart from their parents, part of the day or all of the day or night, and upon any number of successive days, up to 6 children, not related to the persons providing such temporary custodial care.
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, or other use or disposition.
JUNK, SALVAGE, SCRAP, OR WRECKING YARDS. (See NAICS Code 423930). 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 in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
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 lot lines of a lot, excluding any street right-of- way.
LOT, CORNER. Any lot which is bounded on 2 or more consecutive sides by road rights-of-way which intersect at an angle of 135 degrees or less.
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 1 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. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance 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 Clerk of County.
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, provided however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width; in the case of lots fronting on a cul-de-sac, the width between side lot lines at their foremost points shall not be less than 20 feet.
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.
MANUFACTURED HOUSING. Factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standard Act (42 U.S.C. Section 5401), commonly known as the HUD Code.
MINI-WAREHOUSE. (See NAICS Code 531130). A building or group of buildings on a fenced, controlled access lot which contain individual locked compartments for storage of personal property.
MOBILE HOME. A structure manufactured prior to June 15, 1976 or manufactured after June 15, 1976 without certification of compliance with HUD standards pursuant to S.C. Code § 40-29-70, which is a movable or portable dwelling unit over 30 feet in length constructed to be towed on its own chassis, without permanent foundation, consisting of a single or 2 or more connected components. The term does not include prefabricated, modular or unitized dwelling on a permanent foundation, travel trailer, camper or similar recreation unit.
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 Southern Building Code standards for site built units. A mobile home, house trailer, or manufactured home is not a modular building.
MOTEL. (See NAICS Code 721110). A building or buildings in which lodging, with or without meals, is offered to the public for consumption, including a hotel, tourist court, or inn.
MULTI-FAMILY DWELLING. See DWELLING, MULTI-FAMILY.
NON-CONFORMING. A term applied to lots, structures, uses of land or structures, and characteristics or use of land or structures which 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. For more details see § 153.040.
OFF-PREMISES SIGN. See SIGN, ADVERTISING.
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 no 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 such open space.
OVERLAY DISTRICT. A zoning district that encompasses 1 or more underlying zones and that imposes additional requirements above that 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, under or outside of a building or structure, 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.
PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include the following: laundries, beauty and barber shops, shoe repair, and health clubs.
PLANNED DEVELOPMENT DISTRICT. An area of land, in which 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 under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans. See § 153.073 for more details.
PLAT.
(a) A map representing a tract of land showing the boundaries and location of individual properties and streets; and/or
(b) A map of a subdivision or site plan.
PRINCIPAL STRUCTURE OR USE. A structure or use which 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.
RESIDENCE. A dwelling.
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 such 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 FRONTAGE. Any strip of land adjacent to a public road right-of-way.
ROOMING AND BOARDING HOUSE. (See NAICS Code 721310). 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 such accommodations are offered in 4 or more rooms shall be considered to be a hotel or motel.
SALVAGE YARD. Same as 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. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally 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. Same as JUNK YARD.
SCREEN FENCE or WALL. For the purposes of the landscaping requirements, any structure which stands at least 6 feet high at its lowest point, is between 67% and 100% opaque, and is designed and constructed as a permanent improvement for the purpose of blocking view.
SCREENING. A method of visually shielding or obscuring 1 abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SETBACK LINE. The setback line is the same as the depth or width of any required yard. Note that such line defines the minimum distance between any structure and an adjacent lot boundary and is not necessarily the same as the building line, which is the distance between the actual structure and an adjacent lot boundary.
SHOPPING CENTER. A group of 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. Any hard-wooded perennial plant of a species which normally reaches a height between 12 inches and 8 feet, and which is between 80% and 100% opaque, at maturity.
SIGN. Any object, device, 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, with certain exceptions as enumerated in § 153.140.
SIGN, ADVERTISING. Any sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere than upon the premises on which such sign is located, and as further defined in § 153.140.
SIGN, BUSINESS. 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 the premises where the sign is located, and as further defined in § 153.140.
SIGN, DIRECTORY. A sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities, and as further defined in § 153.126.
SIGN, FREESTANDING. A sign which is permanently affixed to the ground and which is not a part of a building or other structure.
SIGN, GROUND OR MONUMENT-TYPE. A freestanding sign which extends from the ground or is attached directly to the ground generally for the entire length of its bottom sign face dimension or which has a support which places the bottom of the sign less than 12 inches from the ground.
SIGN, NON-CONFORMING. Any sign that was legally in existence prior to this chapter and made illegal by this chapter.
SIGN, PORTABLE. A sign that is not permanent, affixed to a building, structure, or the ground.
SIGN, PYLON. A freestanding sign supported by one or more structures or poles that are placed on, or anchored in, the ground, or other surface and otherwise separated from the ground more than 12 inches by air, generally over 7 feet in height, and that is independent from any building or other structure.
SITE PLAN. The development plan for one 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; structures and buildings; signs and lighting; berms, buffers, and 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.
SOLAR ENERGY SYSTEM. A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). Passive solar energy systems are included in this definition.
SOLAR SKY SPACE EASEMENT. A right, expressed as an easement, covenant, condition, or other property interest in any land or other instrument executed by, or on behalf of any landowner that protects the solar skyspace of an actual, proposed, or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy.
SOLAR SKY SPACE. The space between a solar energy collector and the sun that must be free of obstructions that shade the collector to an extent which precludes its cost effective operation.
SPECIAL EXCEPTION. A use permitted in a particular zoning district upon showing to the Board of Appeals that such 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 Appeals.
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.
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 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.
THOROUGHFARE. Any major arterial road; one of the principal routes into and through the community.
TRAVEL OR CAMPING VEHICLE. A vehicular portable structure designed as a temporary dwelling for travel or recreational use.
YARD. A required open space unoccupied and unobstructed by structures except those specifically permitted.
YARD, FRONT. A yard situated between the front building line and the front lot line and 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 Town Administrator to administer this chapter. This person may or may not be an employee of the town.
(Ord. passed - - )