- DEFINITIONS
For the purpose of interpreting this Ordinance, certain words, concepts, and ideas are defined. Except as defined herein, all other words used in this Ordinance shall have their everyday dictionary definition.
2.2.1.
Words used in the present tense include the future tense.
2.2.2.
Words used in the singular number include the plural, and words used in the plural number include the singular.
2.2.3.
The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual.
2.2.4.
The word "lot" includes the word "plot" or "parcel" or "tract."
2.2.5.
The word "shall" is always mandatory.
2.2.6.
The word "structure" shall include the word "building."
2.2.7.
The word "used" or "occupied" as applied to any land or building shall include the words "intended, arranged, or designed to be used or occupied."
2.2.8.
Any word denoting gender includes the female and the male.
2.2.9.
The word "may" is permissive.
2.2.10.
The term "Planning Commission" refers to the Abbeville County Planning Commission.
2.2.11.
The term "County Council" refers to the Abbeville County Council.
2.2.12.
The term "Tax Assessor" refers to the Abbeville County Tax Assessor.
2.2.13.
The term "Clerk of Court" refers to the Abbeville County Clerk of Court.
2.2.14.
The term "Zoning Administrator" or "County Planner" refers to the person so employed by the County as Zoning Administrator or County Planner or his designee.
Access: A way or means of approach to provide vehicular or pedestrian physical entrance to a property.
Access Point: The location of the intersection of a highway, street, driveway, or public walkway with the highway.
Accessory Building: A building subordinate to the principal building on a lot and used for purposes customarily incidental to the main or principal use or building, and located on or adjacent to the principal lot.
Accessory Use: An incidental and subordinate use that is customarily associated with the principal use of a lot or building located upon the same lot as the principal use.
Acre: A measure of land area containing 43,560 square feet.
Alley: A secondary way which affords access to the side or rear of abutting property.
Alteration: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. This excludes normal repairs and maintenance of the structure.
Alteration of Building: Any change in the supporting members of a building (such as bearing walls, columns or girders), any addition or reduction to a building, any change in use, or any relocation of a building from one location or position to another.
Annexation: The incorporation of a land area into an existing community with a resulting change in the boundaries of that community.
Applicant: the owner(s) of record or the legally authorized agent of the owner(s) of record.
Automobile Service Station: Buildings and premises on any parcel or lot where gasoline, oils, greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicles or parts, and also where the following services may be rendered:
(a)
Sale and servicing of spark plugs, batteries and distributors;
(b)
Tire repair and servicing, but no recapping;
(c)
Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper blades, windshield wipers, grease retainers, and wheel bearings;
(d)
Washing and polishing;
(e)
Greasing and lubrication;
(f)
Exchanging oil pumps and installing fuel lines;
(g)
Minor servicing and replacing of carburetors;
(h)
Emergency wiring repairs;
(i)
Adjusting or repairing of brakes;
(j)
Minor engine adjustments, not involving removal of head and or crank case, or racing the motor;
(k)
Sale of cold drinks and package foods, as accessory only to the principal operation.
Bed and Breakfast: An owner-occupied residential type lodging facility having no more than 10 guestrooms where transient guests are fed and lodged for pay. Not to include other types of transient accommodations, such as hotels, motels, motor inns, resorts, rooming houses, boarding houses, hunting lodges, or campgrounds. See SC Code of Laws section 45-4-20.
Berm: A stabilized mound of earth or the act of forming earth into a mound. Berms are usually two (2) to six (6) feet high and are used to shield, screen, and buffer undesirable views and to separate incompatible land uses. They may also provide visual interest, decrease noise, control the direction of water flow, and act as dams or diversions.
Board of Zoning Appeals: A quasi-judicial board appointed by the Abbeville County Council which hears and decides on variances to the Zoning Ordinance of Abbeville County.
Buffer: Open spaces, landscaped areas, 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.
Bufferyard: A unit of yard, together with plantings, fences, berms, and other screening devices required thereon.
Buildable Area: The area of a lot remaining after the minimum yard, lot coverage, and buffer requirements of the zoning ordinance have been met.
Building: Any structure built for the support, shelter, or enclosure of persons, animals, fowl, or property of any kind, which is enclosed by a roof and solid exterior walls which is permanently affixed to a lot or lots.
Building Height: Building height shall be measured vertically from the highest point of the structure, to the ground level of the grade where the walls or other structural elements intersect with the ground. The height limitations shall not apply to:
•
chimneys,
•
spires,
•
belfries,
•
silos,
•
cupolas, and
•
domes
provided that they are not intended for human occupancy, do not exceed sixty (60) square feet in floor area, do not exceed twenty (20) feet in total height, and are accessed by an entry door.
Building Inspector: The individual designated by the governing authority to enforce the provisions of the building code.
Building Line: The line representing the distance that a structure or building must be set back from a lot boundary or street right-of-way line, according to the terms of the chapter. The building line of a lot shall run parallel to and be set back the appropriate distance from a lot line or street right-of-way line as required within the zoning district where the lot is located. In all cases, street right-of-way lines shall be considered lot lines when they are contained within a given parcel and all setback measurements shall be taken from the street right-of-way line when a lot contains road frontage on any side.
Building Permit: A permit obtained from Abbeville County which sets the inspection schedule and construction specifications for a project.
Building, Principal: A building in which is conducted the principal use of the lot on which said building is situated.
Business, Retail: Every business conducted for the purpose of selling or offering for sale any goods, wares, or merchandise, other than as a part of a wholesale business as herein defined; any business that sells a product to the end user.
Business, Wholesale: Establishments selling commodities in quantities for re-sale to retailers, including wholesalers for all types of retail products, bulk stations for gasoline, kerosene, fuel, oil, bottled gas, etc., and warehouses.
Camp, Private: Any structure providing accommodations for four or more children or adults not related to each other by blood, marriage, or adoption for recreational, religious, educational, social, or camp activities.
Camper: A mobile home, motor home, tent, trailer, or other self contained vehicle, designed for recreational purposes, made of metal or other materials, mounted, or capable of being mounted on two or more wheels and either self propelled or rigged for towing, provided such vehicle is less than thirty (30) feet in length and is not used for residential purposes within those portions of Abbeville County, subject to the provisions of this Ordinance..
Care Homes: A rest home, nursing home, convalescent home, home for the aged, or similar use established and operated on a profit, nonprofit or not-for-profit basis to provide lodging and/or meals and/or domiciliary care for the aged, infirm, chronically ill, or convalescent persons.
Certificate of Occupancy: A certificate allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this Ordinance and all other applicable regulations.
Change in Use: Any use that substantially differs from the previous use of a building or land.
Child Care Center: A structure in which care, maintenance, and supervision are provided for seven to twelve (7—12) children who are not related to the operator, whether for compensation, reward, or otherwise, during any part of, or all of the day or night and any number of successive days or nights.
Child Care Home: One in which care is given in a family home for one and not more than six children. Only those residing in the home may be involved in the day-to-day operation of the child care home.
Church: A building, structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services. Accessory structures and uses not directly involving religious services are excluded from this definition and are considered accessory structures or uses.
Clinic: An establishment where medical or dental patients, who are not lodged overnight, are admitted for examination or treatment.
Commercial, General: Use pertaining to the exchange of cash, goods, services, or any other remuneration for goods, services, lodging, meals, entertainment, or the right to occupy space over a period of time.
Communications Tower: As used in this ordinance, shall mean a tower, pole, or similar structure which supports telecommunications antenna or equipment operated for public, commercial, or quasi-public purposes, above ground in a fixed location, freestanding, guyed, or on a building, and not including communications equipment operated for private home use.
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.
Condominium: A unit in a multi-unit structure owned by an individual who has use of all common areas associated with that structure.
Curtain Wall: A continuous covering of appropriate material between the floor line and the ground on the outside of a dwelling unit.
Day Care Center: A structure in which care, maintenance, and supervision are provided for thirteen (13) or more children who are not related to the operator, whether for compensation, reward, or otherwise during any part of, or all of the day or night and any number of successive days or nights.
Day Care Services: Child care services included in any home, center, agency, or place, however styled, where children not related to the operator are received for custodial care, apart from their parents, whether for compensation, reward, or otherwise, during part or all of the day or night and upon any number of successive days.
Density: The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this ordinance are expressed in dwelling units per net acre; that is, per acre of land devoted to residential use and common open space exclusive of land utilized for streets, alleys, parks, playgrounds, school grounds, or other public uses.
Developer: An individual, partnership, or corporation (or agent therefor) that undertakes the activities covered by these regulations.
District: A section, zone, or geographic area of the county within which certain zoning or development regulations apply; the words "district" and "zoning district" are to be used interchangeably throughout this Ordinance.
Drainage System: The system through which water flows from the land, including all water courses, water bodies, and wetlands.
Dwelling: A building or portion of a building arranged or designed to provide living quarters for one or more families. The terms "dwelling" and "residence" shall be interchangeable.
Dwelling, Detached: A dwelling that is not attached to any other dwelling by any means.
Dwelling, Duplex: A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof, and including separate entrances and kitchens for each dwelling unit.
Dwelling, Multifamily: A building containing two or more dwelling units on the same lot, including units that are located one over the other.
Dwelling, Single-Family: A one-family dwelling unit located on a separate lot.
Dwelling, Single-Family Detached, Zero Lot line (Patio Home): A residential building containing not more than one dwelling unit, not physically attached to any other principal structure and surrounded on at least three sides by open space or yards within the same lot.
Dwelling, Townhouse: A residential dwelling in a row of three or more such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
Dwelling Unit: One or more rooms, designed, occupied, or intended for occupancy as a separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
Easement: A right-of-way granted, but not dedicated, for limited use of private land for a private, public or quasi-public purpose, and within which the owner of the property shall not erect any structures.
Eleemosynary Institution: A private or public organization that is legally organized and operated for the purpose of providing a service or carrying on a trade or business without profit.
Existing Use: The use of a lot or structure at the time of the enactment of a zoning ordinance or amendment thereof.
Facade: The exterior walls of a building exposed to public view, or that wall viewed by persons not within the building.
Family: One or more persons related by blood, marriage, adoption, or guardianship, and not more than three persons not so related, except that mentally and physically handicapped persons for whom care is provided on a 24-hour basis shall be construed as a family, in accordance with the provisions of state law; domestic servants employed on the premises may be housed on the premises.
Fence: An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
Flood Hazard Area: Any area subject to flooding or in danger of flooding, based on maps provided by the National Flood Insurance Program or other historic data.
Garage, Private: A structure, either attached or detached, that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof.
Garage, Repair: A building designed or used for purposes indicated under "automobile service stations" and/or commercial repairs, provided that body work and painting shall be conducted within fully enclosed buildings and provided further that self propelled vehicles in process of repair shall be stored in a fully enclosed and secluded area.
Ground Cover: A permanent covering, either vegetative, such as grass, or of a permeable nature, such as pine needles, or of a permeable man-made material, such as porous stone, to ensure soil stabilization, plant root protection, and water absorption.
Group Home: Any structure(s) providing accommodations for three or more juveniles or adults not related to each other or the owners by blood, marriage, or adoption, living together as a single housekeeping unit.
Home Occupation: Any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit, provided that the business use does not use over 25% of the total floor space of any structure.
Hotel: A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "hotel" includes the term "motel."
Household Pets: Domesticated animals such as dogs and cats that can live comfortably and safely within or adjacent to a residential dwelling unit. Farm animals (horses, cows, pigs, goats, etc.) and exotic animals (venomous, dangerous, and/or non-domesticated) are not considered household pets.
Impervious Surface: Any material that prevents absorption of rain or stormwater into the ground (all building surfaces, for example).
Industrial Park: A tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and highway), circulation, parking, utility needs, aesthetics, and compatibility.
Inherently Beneficial Use: A use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Uses include, but are not limited to, hospitals, child care centers, group homes, community shelters, public interest housing such as senior, low income and housing for the homeless, etc.
Junkyard or Salvage Yard: Any land or structure used for a salvaging operation, including but not limited to the storage and sale of waste paper, rags, scrap metal, discarded materials, and mobile/manufactured homes and the collection, dismantling, storage, and salvage of three (3) or more unlicensed, untaxed, inoperative vehicles.
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: An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Abbeville County. The terms "lot," "plot," "property," "lot of record," "parcel," "site," or "tract," whenever used in this Ordinance, are interchangeable.
Lot Depth: The mean horizontal distance between front and rear lot lines.
Lot Frontage: The length of the front lot line measured at the street right-of-way line.
Lot, Interior: A lot, other than a corner lot, which has frontage on only one street other than an alley.
Lot Width: The width of a lot at the front building line.
Manufactured Housing Park: A lot or parcel with space, improvements, and utilities for the long-term parking of four or more manufactured homes which may include services and facilities for the residents.
Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
Mining: Any industry based on extracting rock, sand, gravel, soil, or minerals from the earth.
Mini-Warehouse: A building or group of buildings in a controlled access and fenced compound that contains individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods and wares.
Mobile Home (Manufactured Home): A residential structure certified to meet June 16, 1976 HUD standards for construction and that is transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It shall be unlawful for any person, firm, or legal entity to bring into Abbeville County a manufactured or mobile home that cannot be certified to meet June 16, 1976 HUD standards for construction.
Modular Building Unit or Structure: A manufactured building, assembled on site, to be used with a permanent foundation and distinguishable from other types of manufactured buildings or homes in that the standards to which it is built do not include provisions for its mobility on some sort of chassis. When meeting the requirements of the South Carolina Modular Buildings Construction Act, said building unit or structure may be located in any residential zoning district.
Motel: See Hotel.
Nonconforming Lot: A lot, the area, dimensions, or location of which were lawful prior to the adoption, revision, or amendment of the zoning ordinance, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
Nonconforming Structure or Building: A structure or building, the size, dimensions, or location of which lawfully existed prior to the adoption, revision, or amendment to the zoning ordinance, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
Nonconforming Use: A use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
North American Industry Classification System (NAICS): NAICS was developed jointly in 1997 by the U.S., Canada, and Mexico to provide new comparability in statistics about business activity in North America; its codes replace the U.S. Standard Industrial Classification (SIC) codes.
Office: A use or location primarily used for conducting the affairs of a business, profession, service, industry, or government or like activity.
Operator: Any person who has charge, care, or control of premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the premises are actually occupied or not.
Outdoor Storage: The keeping in an unenclosed area of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.
Parcel: A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
Parking Lot: Any public or private open area used for the express purpose of parking motor vehicles, with the exception of area on single family residences incidental to the principal use. Otherwise, parking lots may be the principal or accessory use on a given lot.
Permitted Use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Planned Development: An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained according to a master plan and containing one or more structures with appurtenant common areas.
Planning Commission: The planning commission of the unincorporated parts of Abbeville County, appointed by the Abbeville County Council.
Plot: See Lot.
Premises: A lot or other tract of land including all buildings or structures thereon.
[Private or Semi-Private Club:] Private or semi-private club is defined as an organization that must not be open to the general public, must have limited membership, and must have been established for social, benevolent, patriotic, recreational, or fraternal purposes. It must not be established for pecuniary gain. The organization's bylaws must state the purpose for which the club was established, must call for a definite method of electing persons to the organization on an individual basis, and that method must bear some reasonable relation to the object and purpose of the organization.
Public Hearing: A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
Retail, General: Establishment 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.
Salvage Vehicle: Any unlicensed and/or inoperative vehicle which is unused, dismantled, wrecked, or kept for spare parts or the re-sale of parts. This does not include used cars in operable condition, vehicles awaiting repair at a licensed repair business, or operable vehicles awaiting sale at a licensed dealer.
Scale: The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings.
SCDHEC: South Carolina Department of Health and Environmental Control, a state agency.
SCDOT: South Carolina Department of Transportation, a state agency.
Services, Business: Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as but not limited to: advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.
Services, Construction: Construction establishments engaged in the construction, repair, or demolition of buildings, streets, water and sewer systems, bridges, and similar construction, including but not limited to buildings.
Services, Personal: Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Personal services usually include, but are not limited to the following: laundry, including cleaning and pressing service, linen supply, diaper service, beauty shops, barbershops, shoe repair, funeral services, reducing salons and health clubs, clothing rental, locker rental, porter service, and domestic services.
Setback: The mandatory distance between a lot line and a building wall or building line. In all cases, setbacks shall be measured from any street right-of-way contained within a lot.
Sexually-Oriented Business: An establishment consisting of, including, or having the characteristics of any or all of the following:
• Adult Bookstore—An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
• Adult Cabaret—(1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or genitalia; (2) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
• Adult Motion Picture Theater—An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or genitalia.
Shrub: A multi-stemmed plant, evergreen or deciduous, attaining a maximum height of ten feet.
Sign: Any object, device, display, or structure, or part thereof situated outdoors, 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 (excluding national or state flags, window displays, athletic scoreboards, or the official announcements or signs of government).
Sign, Animated or Moving: Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation (excepting time or temperature indicators). "Animated" is defined as the movement or optical illusion of movement of any party of the sign. Also included in this definition are signs having "chasing action," which is the action of a row of lights commonly used to create the appearance of motion. Automatic changeable copy boards are permitted in some districts, provided that there is no running action to copy and provided that the copy does not change more than once every thirty (30) seconds.
Sign, Awning or Canopy: A sign that is mounted, painted, or attached to an awning or canopy.
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.
Sign Face: The area or display surface used for the message.
Sign, Flashing: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.
Sign, Freestanding: Any non-movable sign not affixed to a building.
Sign, Ground: Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground (less than three [3] feet) and is independent of any other structure.
Sign, Marquee: Any sign affixed to a marquee. The marquee shall be a canopy or covered structure projecting from and supported by a building, and which extends beyond the building.
Sign, Monument: A visually prominent, ground-mounted sign, not attached to a building, that extends beyond the building and identifies a single or multiple building development.
Sign, Pole: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet (6') or more above grade.
Sign, Portable: A sign that is not permanently affixed to a building, structure, or the ground.
Sign, Projecting: A sign that is wholly or partly dependent upon a building for support and that projects more than twelve inches (12") from such building.
Sign, Roof: A sign erected upon or which extends above the roof of the building to which it is attached.
Sign, Wall: A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more that twelve inches (12") from such building or structure.
Sign Area: The entire face of a sign, measured by calculating the height by the length of the smallest rectangle that can be drawn to include all sign elements.
Special Event: A special event is defined as a special function not commonly held on the property in question. Special events include but are not limited to revivals, rallies, carnivals, circuses, and hunting-fishing tournaments. A special event shall not exceed a total of fourteen (14) days in duration, and shall not exceed a total of forty-two (42) days per calendar year, depending on category.
Special Exception: A use so specifically designated in this ordinance that would not be appropriate for location generally or without restriction throughout a given zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would in opinion of the Board of Zoning Appeals, promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.
Stop Order: An order issued by the zoning administrator, county planner, or his designee that halts any work undertaken without a proper building or zoning permit, or that stops any use or activities, existing or proposed, that violates the zoning ordinance or other land use control ordinances of Abbeville County.
Structure: Anything constructed or built, an edifice or building of any kind, constructed of parts joined together in a definite manner.
Subdivision: A tract parceled into two or more lots for the purpose of resale.
Temporary Housing: Manufactured homes (mobile homes) or self-contained recreational vehicles, as approved by the County Planner or his designee.
Transportation: Ground-based establishments providing for the interchange of passenger and freight, including but not limited to airports, bus passenger and parking terminals, truck terminals, railroad passenger and freight terminals, railway express freight terminals, and taxicab stands and yards.
Use, Principal: The primary purpose for which a lot is occupied and/or used.
Variance: A modification of the strict terms of this Ordinance, granted by the Board of Zoning Appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of a property owner, a literal enforcement of the Ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the Zoning District in which the property is located.
Yard: An open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided by this Ordinance.
Yard, Front: A yard located between the front building line and the front lot line, extending the full width of the lot.
Yard, Rear: A yard located between the rear building line and the rear lot line, extending the full width of the lot.
Yard Side: A yard located between a side building line and a side lot line and extending from the required front yard to the required rear yard. In determining the location of accessory structures, the side yard shall be assumed to extend through the rear yard to the rear lot line.
Zoning Administrator: The person designated by the County to be responsible for the administration of this Ordinance, or his designee; may also be the County Planner.
Zoning Compliance Permit: Written permission issued by Abbeville County for permission to apply for a building permit for the construction or enlargement of a structure, including signs, or the grading or excavation of a site in preparation of construction or for the installation of underground utilities.
(Ord. No. 08-14, 10-13-2008; Ord. No. 09-11, 9-14-2009; Ord. No. 2014-02, 4-14-2014; Ord. No. 2020-02, 4-13-2020; Ord. No. 2022-13, 12-12-2022)
- DEFINITIONS
For the purpose of interpreting this Ordinance, certain words, concepts, and ideas are defined. Except as defined herein, all other words used in this Ordinance shall have their everyday dictionary definition.
2.2.1.
Words used in the present tense include the future tense.
2.2.2.
Words used in the singular number include the plural, and words used in the plural number include the singular.
2.2.3.
The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual.
2.2.4.
The word "lot" includes the word "plot" or "parcel" or "tract."
2.2.5.
The word "shall" is always mandatory.
2.2.6.
The word "structure" shall include the word "building."
2.2.7.
The word "used" or "occupied" as applied to any land or building shall include the words "intended, arranged, or designed to be used or occupied."
2.2.8.
Any word denoting gender includes the female and the male.
2.2.9.
The word "may" is permissive.
2.2.10.
The term "Planning Commission" refers to the Abbeville County Planning Commission.
2.2.11.
The term "County Council" refers to the Abbeville County Council.
2.2.12.
The term "Tax Assessor" refers to the Abbeville County Tax Assessor.
2.2.13.
The term "Clerk of Court" refers to the Abbeville County Clerk of Court.
2.2.14.
The term "Zoning Administrator" or "County Planner" refers to the person so employed by the County as Zoning Administrator or County Planner or his designee.
Access: A way or means of approach to provide vehicular or pedestrian physical entrance to a property.
Access Point: The location of the intersection of a highway, street, driveway, or public walkway with the highway.
Accessory Building: A building subordinate to the principal building on a lot and used for purposes customarily incidental to the main or principal use or building, and located on or adjacent to the principal lot.
Accessory Use: An incidental and subordinate use that is customarily associated with the principal use of a lot or building located upon the same lot as the principal use.
Acre: A measure of land area containing 43,560 square feet.
Alley: A secondary way which affords access to the side or rear of abutting property.
Alteration: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. This excludes normal repairs and maintenance of the structure.
Alteration of Building: Any change in the supporting members of a building (such as bearing walls, columns or girders), any addition or reduction to a building, any change in use, or any relocation of a building from one location or position to another.
Annexation: The incorporation of a land area into an existing community with a resulting change in the boundaries of that community.
Applicant: the owner(s) of record or the legally authorized agent of the owner(s) of record.
Automobile Service Station: Buildings and premises on any parcel or lot where gasoline, oils, greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicles or parts, and also where the following services may be rendered:
(a)
Sale and servicing of spark plugs, batteries and distributors;
(b)
Tire repair and servicing, but no recapping;
(c)
Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper blades, windshield wipers, grease retainers, and wheel bearings;
(d)
Washing and polishing;
(e)
Greasing and lubrication;
(f)
Exchanging oil pumps and installing fuel lines;
(g)
Minor servicing and replacing of carburetors;
(h)
Emergency wiring repairs;
(i)
Adjusting or repairing of brakes;
(j)
Minor engine adjustments, not involving removal of head and or crank case, or racing the motor;
(k)
Sale of cold drinks and package foods, as accessory only to the principal operation.
Bed and Breakfast: An owner-occupied residential type lodging facility having no more than 10 guestrooms where transient guests are fed and lodged for pay. Not to include other types of transient accommodations, such as hotels, motels, motor inns, resorts, rooming houses, boarding houses, hunting lodges, or campgrounds. See SC Code of Laws section 45-4-20.
Berm: A stabilized mound of earth or the act of forming earth into a mound. Berms are usually two (2) to six (6) feet high and are used to shield, screen, and buffer undesirable views and to separate incompatible land uses. They may also provide visual interest, decrease noise, control the direction of water flow, and act as dams or diversions.
Board of Zoning Appeals: A quasi-judicial board appointed by the Abbeville County Council which hears and decides on variances to the Zoning Ordinance of Abbeville County.
Buffer: Open spaces, landscaped areas, 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.
Bufferyard: A unit of yard, together with plantings, fences, berms, and other screening devices required thereon.
Buildable Area: The area of a lot remaining after the minimum yard, lot coverage, and buffer requirements of the zoning ordinance have been met.
Building: Any structure built for the support, shelter, or enclosure of persons, animals, fowl, or property of any kind, which is enclosed by a roof and solid exterior walls which is permanently affixed to a lot or lots.
Building Height: Building height shall be measured vertically from the highest point of the structure, to the ground level of the grade where the walls or other structural elements intersect with the ground. The height limitations shall not apply to:
•
chimneys,
•
spires,
•
belfries,
•
silos,
•
cupolas, and
•
domes
provided that they are not intended for human occupancy, do not exceed sixty (60) square feet in floor area, do not exceed twenty (20) feet in total height, and are accessed by an entry door.
Building Inspector: The individual designated by the governing authority to enforce the provisions of the building code.
Building Line: The line representing the distance that a structure or building must be set back from a lot boundary or street right-of-way line, according to the terms of the chapter. The building line of a lot shall run parallel to and be set back the appropriate distance from a lot line or street right-of-way line as required within the zoning district where the lot is located. In all cases, street right-of-way lines shall be considered lot lines when they are contained within a given parcel and all setback measurements shall be taken from the street right-of-way line when a lot contains road frontage on any side.
Building Permit: A permit obtained from Abbeville County which sets the inspection schedule and construction specifications for a project.
Building, Principal: A building in which is conducted the principal use of the lot on which said building is situated.
Business, Retail: Every business conducted for the purpose of selling or offering for sale any goods, wares, or merchandise, other than as a part of a wholesale business as herein defined; any business that sells a product to the end user.
Business, Wholesale: Establishments selling commodities in quantities for re-sale to retailers, including wholesalers for all types of retail products, bulk stations for gasoline, kerosene, fuel, oil, bottled gas, etc., and warehouses.
Camp, Private: Any structure providing accommodations for four or more children or adults not related to each other by blood, marriage, or adoption for recreational, religious, educational, social, or camp activities.
Camper: A mobile home, motor home, tent, trailer, or other self contained vehicle, designed for recreational purposes, made of metal or other materials, mounted, or capable of being mounted on two or more wheels and either self propelled or rigged for towing, provided such vehicle is less than thirty (30) feet in length and is not used for residential purposes within those portions of Abbeville County, subject to the provisions of this Ordinance..
Care Homes: A rest home, nursing home, convalescent home, home for the aged, or similar use established and operated on a profit, nonprofit or not-for-profit basis to provide lodging and/or meals and/or domiciliary care for the aged, infirm, chronically ill, or convalescent persons.
Certificate of Occupancy: A certificate allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with this Ordinance and all other applicable regulations.
Change in Use: Any use that substantially differs from the previous use of a building or land.
Child Care Center: A structure in which care, maintenance, and supervision are provided for seven to twelve (7—12) children who are not related to the operator, whether for compensation, reward, or otherwise, during any part of, or all of the day or night and any number of successive days or nights.
Child Care Home: One in which care is given in a family home for one and not more than six children. Only those residing in the home may be involved in the day-to-day operation of the child care home.
Church: A building, structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services. Accessory structures and uses not directly involving religious services are excluded from this definition and are considered accessory structures or uses.
Clinic: An establishment where medical or dental patients, who are not lodged overnight, are admitted for examination or treatment.
Commercial, General: Use pertaining to the exchange of cash, goods, services, or any other remuneration for goods, services, lodging, meals, entertainment, or the right to occupy space over a period of time.
Communications Tower: As used in this ordinance, shall mean a tower, pole, or similar structure which supports telecommunications antenna or equipment operated for public, commercial, or quasi-public purposes, above ground in a fixed location, freestanding, guyed, or on a building, and not including communications equipment operated for private home use.
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.
Condominium: A unit in a multi-unit structure owned by an individual who has use of all common areas associated with that structure.
Curtain Wall: A continuous covering of appropriate material between the floor line and the ground on the outside of a dwelling unit.
Day Care Center: A structure in which care, maintenance, and supervision are provided for thirteen (13) or more children who are not related to the operator, whether for compensation, reward, or otherwise during any part of, or all of the day or night and any number of successive days or nights.
Day Care Services: Child care services included in any home, center, agency, or place, however styled, where children not related to the operator are received for custodial care, apart from their parents, whether for compensation, reward, or otherwise, during part or all of the day or night and upon any number of successive days.
Density: The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this ordinance are expressed in dwelling units per net acre; that is, per acre of land devoted to residential use and common open space exclusive of land utilized for streets, alleys, parks, playgrounds, school grounds, or other public uses.
Developer: An individual, partnership, or corporation (or agent therefor) that undertakes the activities covered by these regulations.
District: A section, zone, or geographic area of the county within which certain zoning or development regulations apply; the words "district" and "zoning district" are to be used interchangeably throughout this Ordinance.
Drainage System: The system through which water flows from the land, including all water courses, water bodies, and wetlands.
Dwelling: A building or portion of a building arranged or designed to provide living quarters for one or more families. The terms "dwelling" and "residence" shall be interchangeable.
Dwelling, Detached: A dwelling that is not attached to any other dwelling by any means.
Dwelling, Duplex: A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof, and including separate entrances and kitchens for each dwelling unit.
Dwelling, Multifamily: A building containing two or more dwelling units on the same lot, including units that are located one over the other.
Dwelling, Single-Family: A one-family dwelling unit located on a separate lot.
Dwelling, Single-Family Detached, Zero Lot line (Patio Home): A residential building containing not more than one dwelling unit, not physically attached to any other principal structure and surrounded on at least three sides by open space or yards within the same lot.
Dwelling, Townhouse: A residential dwelling in a row of three or more such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
Dwelling Unit: One or more rooms, designed, occupied, or intended for occupancy as a separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
Easement: A right-of-way granted, but not dedicated, for limited use of private land for a private, public or quasi-public purpose, and within which the owner of the property shall not erect any structures.
Eleemosynary Institution: A private or public organization that is legally organized and operated for the purpose of providing a service or carrying on a trade or business without profit.
Existing Use: The use of a lot or structure at the time of the enactment of a zoning ordinance or amendment thereof.
Facade: The exterior walls of a building exposed to public view, or that wall viewed by persons not within the building.
Family: One or more persons related by blood, marriage, adoption, or guardianship, and not more than three persons not so related, except that mentally and physically handicapped persons for whom care is provided on a 24-hour basis shall be construed as a family, in accordance with the provisions of state law; domestic servants employed on the premises may be housed on the premises.
Fence: An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
Flood Hazard Area: Any area subject to flooding or in danger of flooding, based on maps provided by the National Flood Insurance Program or other historic data.
Garage, Private: A structure, either attached or detached, that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof.
Garage, Repair: A building designed or used for purposes indicated under "automobile service stations" and/or commercial repairs, provided that body work and painting shall be conducted within fully enclosed buildings and provided further that self propelled vehicles in process of repair shall be stored in a fully enclosed and secluded area.
Ground Cover: A permanent covering, either vegetative, such as grass, or of a permeable nature, such as pine needles, or of a permeable man-made material, such as porous stone, to ensure soil stabilization, plant root protection, and water absorption.
Group Home: Any structure(s) providing accommodations for three or more juveniles or adults not related to each other or the owners by blood, marriage, or adoption, living together as a single housekeeping unit.
Home Occupation: Any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit, provided that the business use does not use over 25% of the total floor space of any structure.
Hotel: A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "hotel" includes the term "motel."
Household Pets: Domesticated animals such as dogs and cats that can live comfortably and safely within or adjacent to a residential dwelling unit. Farm animals (horses, cows, pigs, goats, etc.) and exotic animals (venomous, dangerous, and/or non-domesticated) are not considered household pets.
Impervious Surface: Any material that prevents absorption of rain or stormwater into the ground (all building surfaces, for example).
Industrial Park: A tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and highway), circulation, parking, utility needs, aesthetics, and compatibility.
Inherently Beneficial Use: A use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Uses include, but are not limited to, hospitals, child care centers, group homes, community shelters, public interest housing such as senior, low income and housing for the homeless, etc.
Junkyard or Salvage Yard: Any land or structure used for a salvaging operation, including but not limited to the storage and sale of waste paper, rags, scrap metal, discarded materials, and mobile/manufactured homes and the collection, dismantling, storage, and salvage of three (3) or more unlicensed, untaxed, inoperative vehicles.
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: An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Abbeville County. The terms "lot," "plot," "property," "lot of record," "parcel," "site," or "tract," whenever used in this Ordinance, are interchangeable.
Lot Depth: The mean horizontal distance between front and rear lot lines.
Lot Frontage: The length of the front lot line measured at the street right-of-way line.
Lot, Interior: A lot, other than a corner lot, which has frontage on only one street other than an alley.
Lot Width: The width of a lot at the front building line.
Manufactured Housing Park: A lot or parcel with space, improvements, and utilities for the long-term parking of four or more manufactured homes which may include services and facilities for the residents.
Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
Mining: Any industry based on extracting rock, sand, gravel, soil, or minerals from the earth.
Mini-Warehouse: A building or group of buildings in a controlled access and fenced compound that contains individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods and wares.
Mobile Home (Manufactured Home): A residential structure certified to meet June 16, 1976 HUD standards for construction and that is transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It shall be unlawful for any person, firm, or legal entity to bring into Abbeville County a manufactured or mobile home that cannot be certified to meet June 16, 1976 HUD standards for construction.
Modular Building Unit or Structure: A manufactured building, assembled on site, to be used with a permanent foundation and distinguishable from other types of manufactured buildings or homes in that the standards to which it is built do not include provisions for its mobility on some sort of chassis. When meeting the requirements of the South Carolina Modular Buildings Construction Act, said building unit or structure may be located in any residential zoning district.
Motel: See Hotel.
Nonconforming Lot: A lot, the area, dimensions, or location of which were lawful prior to the adoption, revision, or amendment of the zoning ordinance, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
Nonconforming Structure or Building: A structure or building, the size, dimensions, or location of which lawfully existed prior to the adoption, revision, or amendment to the zoning ordinance, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
Nonconforming Use: A use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
North American Industry Classification System (NAICS): NAICS was developed jointly in 1997 by the U.S., Canada, and Mexico to provide new comparability in statistics about business activity in North America; its codes replace the U.S. Standard Industrial Classification (SIC) codes.
Office: A use or location primarily used for conducting the affairs of a business, profession, service, industry, or government or like activity.
Operator: Any person who has charge, care, or control of premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the premises are actually occupied or not.
Outdoor Storage: The keeping in an unenclosed area of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.
Parcel: A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
Parking Lot: Any public or private open area used for the express purpose of parking motor vehicles, with the exception of area on single family residences incidental to the principal use. Otherwise, parking lots may be the principal or accessory use on a given lot.
Permitted Use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Planned Development: An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained according to a master plan and containing one or more structures with appurtenant common areas.
Planning Commission: The planning commission of the unincorporated parts of Abbeville County, appointed by the Abbeville County Council.
Plot: See Lot.
Premises: A lot or other tract of land including all buildings or structures thereon.
[Private or Semi-Private Club:] Private or semi-private club is defined as an organization that must not be open to the general public, must have limited membership, and must have been established for social, benevolent, patriotic, recreational, or fraternal purposes. It must not be established for pecuniary gain. The organization's bylaws must state the purpose for which the club was established, must call for a definite method of electing persons to the organization on an individual basis, and that method must bear some reasonable relation to the object and purpose of the organization.
Public Hearing: A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
Retail, General: Establishment 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.
Salvage Vehicle: Any unlicensed and/or inoperative vehicle which is unused, dismantled, wrecked, or kept for spare parts or the re-sale of parts. This does not include used cars in operable condition, vehicles awaiting repair at a licensed repair business, or operable vehicles awaiting sale at a licensed dealer.
Scale: The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings.
SCDHEC: South Carolina Department of Health and Environmental Control, a state agency.
SCDOT: South Carolina Department of Transportation, a state agency.
Services, Business: Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as but not limited to: advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.
Services, Construction: Construction establishments engaged in the construction, repair, or demolition of buildings, streets, water and sewer systems, bridges, and similar construction, including but not limited to buildings.
Services, Personal: Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Personal services usually include, but are not limited to the following: laundry, including cleaning and pressing service, linen supply, diaper service, beauty shops, barbershops, shoe repair, funeral services, reducing salons and health clubs, clothing rental, locker rental, porter service, and domestic services.
Setback: The mandatory distance between a lot line and a building wall or building line. In all cases, setbacks shall be measured from any street right-of-way contained within a lot.
Sexually-Oriented Business: An establishment consisting of, including, or having the characteristics of any or all of the following:
• Adult Bookstore—An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
• Adult Cabaret—(1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or genitalia; (2) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
• Adult Motion Picture Theater—An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or genitalia.
Shrub: A multi-stemmed plant, evergreen or deciduous, attaining a maximum height of ten feet.
Sign: Any object, device, display, or structure, or part thereof situated outdoors, 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 (excluding national or state flags, window displays, athletic scoreboards, or the official announcements or signs of government).
Sign, Animated or Moving: Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation (excepting time or temperature indicators). "Animated" is defined as the movement or optical illusion of movement of any party of the sign. Also included in this definition are signs having "chasing action," which is the action of a row of lights commonly used to create the appearance of motion. Automatic changeable copy boards are permitted in some districts, provided that there is no running action to copy and provided that the copy does not change more than once every thirty (30) seconds.
Sign, Awning or Canopy: A sign that is mounted, painted, or attached to an awning or canopy.
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.
Sign Face: The area or display surface used for the message.
Sign, Flashing: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.
Sign, Freestanding: Any non-movable sign not affixed to a building.
Sign, Ground: Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground (less than three [3] feet) and is independent of any other structure.
Sign, Marquee: Any sign affixed to a marquee. The marquee shall be a canopy or covered structure projecting from and supported by a building, and which extends beyond the building.
Sign, Monument: A visually prominent, ground-mounted sign, not attached to a building, that extends beyond the building and identifies a single or multiple building development.
Sign, Pole: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet (6') or more above grade.
Sign, Portable: A sign that is not permanently affixed to a building, structure, or the ground.
Sign, Projecting: A sign that is wholly or partly dependent upon a building for support and that projects more than twelve inches (12") from such building.
Sign, Roof: A sign erected upon or which extends above the roof of the building to which it is attached.
Sign, Wall: A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more that twelve inches (12") from such building or structure.
Sign Area: The entire face of a sign, measured by calculating the height by the length of the smallest rectangle that can be drawn to include all sign elements.
Special Event: A special event is defined as a special function not commonly held on the property in question. Special events include but are not limited to revivals, rallies, carnivals, circuses, and hunting-fishing tournaments. A special event shall not exceed a total of fourteen (14) days in duration, and shall not exceed a total of forty-two (42) days per calendar year, depending on category.
Special Exception: A use so specifically designated in this ordinance that would not be appropriate for location generally or without restriction throughout a given zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would in opinion of the Board of Zoning Appeals, promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.
Stop Order: An order issued by the zoning administrator, county planner, or his designee that halts any work undertaken without a proper building or zoning permit, or that stops any use or activities, existing or proposed, that violates the zoning ordinance or other land use control ordinances of Abbeville County.
Structure: Anything constructed or built, an edifice or building of any kind, constructed of parts joined together in a definite manner.
Subdivision: A tract parceled into two or more lots for the purpose of resale.
Temporary Housing: Manufactured homes (mobile homes) or self-contained recreational vehicles, as approved by the County Planner or his designee.
Transportation: Ground-based establishments providing for the interchange of passenger and freight, including but not limited to airports, bus passenger and parking terminals, truck terminals, railroad passenger and freight terminals, railway express freight terminals, and taxicab stands and yards.
Use, Principal: The primary purpose for which a lot is occupied and/or used.
Variance: A modification of the strict terms of this Ordinance, granted by the Board of Zoning Appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of a property owner, a literal enforcement of the Ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the Zoning District in which the property is located.
Yard: An open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided by this Ordinance.
Yard, Front: A yard located between the front building line and the front lot line, extending the full width of the lot.
Yard, Rear: A yard located between the rear building line and the rear lot line, extending the full width of the lot.
Yard Side: A yard located between a side building line and a side lot line and extending from the required front yard to the required rear yard. In determining the location of accessory structures, the side yard shall be assumed to extend through the rear yard to the rear lot line.
Zoning Administrator: The person designated by the County to be responsible for the administration of this Ordinance, or his designee; may also be the County Planner.
Zoning Compliance Permit: Written permission issued by Abbeville County for permission to apply for a building permit for the construction or enlargement of a structure, including signs, or the grading or excavation of a site in preparation of construction or for the installation of underground utilities.
(Ord. No. 08-14, 10-13-2008; Ord. No. 09-11, 9-14-2009; Ord. No. 2014-02, 4-14-2014; Ord. No. 2020-02, 4-13-2020; Ord. No. 2022-13, 12-12-2022)