6.1.1.

Street access.

Except as herein provided, no building shall hereafter be erected, constructed, moved or relocated on a lot not having direct vehicular and pedestrian access on a publicly dedicated, publicly accepted, or publicly maintained street with right-of-way less than fifty (50) feet.

6.1.2.

Classification of roads.

For the purpose of this Ordinance, all public streets in Abbeville County are hereby classified as being either major or minor streets. Each major street in Abbeville County is designated on the Zoning Map. All other streets shall be considered as minor streets.

6.1.3.

Corner lots.

On lots having frontage on more than one street at an intersection, the minimum front yard requirement may be reduced to one half the regulated distance on the portion of the lot fronting on the street or streets of less importance. If the streets are designated on the Zoning Map as being of equal importance, then the property owner can choose the street along which he wishes to reduce his front yard requirement. However, in no case shall the setback be reduced to less than fifteen (15) feet. The minimum front yard for the portion of the lot fronting on the street of greater importance shall be provided in accordance with the provisions established by this Ordinance for the District in which the lot is located.

6.1.4.

Location of buildings on lots and residential limitations.

Every building or use hereafter erected or established shall be located on a lot; and every one- and two-family residential structure except as herein provided, shall be located on an individual lot. In all cases, the principal building on a lot shall be located within the area formed by the building lines as outer boundaries and, in no case, shall such buildings infringe beyond the building lines into the respective front, side, rear yards or other setbacks required for the District in which the lot is located. The first floor elevation of all new or moved structures subsequent to the passage of this Ordinance shall be in compliance with the minimum height requirements of established federal insurance program boundaries.

6.1.5.

Double frontage lots.

On lots having frontage on two streets, but not located on a corner, the minimum front yard shall be provided on each street in accordance with the provisions of this Ordinance. On lots having frontage on more than two streets, the minimum front yard shall be provided in accordance with the provisions of this Ordinance on at least two of the street frontages. The minimum front yard on the other frontage or frontages may be reduced along the other streets in accordance with the provisions of Section 6.1.3 above.

6.1.6.

Special front yard requirements in development areas.

The setback requirements of this Ordinance shall not apply to any lot where the average setback on already built upon lots located wholly or in part within one hundred (100) feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on such a lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots. However, in no case shall setbacks be less than fifteen (15) feet.

6.1.7.

Measurement of front, side, rear yards; determination of buildable area.

The required front, side, and rear yards for individual lots, as set forth for the particular district within which a given lot is located, shall be measured inward toward the center of said lot from all points along the respective front, side, and rear property lines of the lot. Once the yard areas of a given lot have been established, the remaining area of the lot which is not included in any required front, side, or rear lot shall be known as the "Buildable Area."

6.1.8.

Accessory uses.

In addition to the principal uses, each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principal use or uses to which it serves as an accessory.

6.1.8-1.

Uses Customarily Accessory to Farms and Other Agricultural Uses:

a.

Private airfields or airstrips, together with subordinate uses;

b.

Private garages;

c.

Cemeteries;

d.

Barns, stables and other facilities for livestock;

e.

Shed or tool room for the storage of equipment used in grounds or building maintenance;

f.

Storage facilities for produce;

g.

Greenhouses;

h.

Condenseries;

i.

Creameries;

j.

Feed lots;

k.

Facilities for hatching or butchering of fowl;

l.

Private swimming pool and bath house or cabana;

m.

Private dock or boat house;

n.

Swimming beach.

6.1.8-2.

Uses Customarily Accessory to Dwellings:

a.

Private garage not to exceed the following storage capacities: one- or two-family dwelling: 4 automobiles; multi-family dwelling: 2 automobiles per dwelling unit; group dwelling: 1.5 automobiles per sleeping room.

b.

Open storage space or parking area for motor vehicles provided that such space does not exceed the maximum respective storage capacities listed under Subsection 6.1.8-2 (a) above; and provided that such space shall not be used for more than one (1) commercial vehicle licensed as one ton or less in capacity per family residing on the premises.

c.

Shed or tool room for the storage of equipment used in grounds or building maintenance.

d.

Private kennel for no more than three (3) dogs or three (3) cats, four (4) months of age or older.

e.

Private swimming pool and bath house or cabana; private swimming beach.

f.

Private dock or boat house.

g.

Noncommercial flower, ornamental shrub or vegetable garden, greenhouse, or slat house not over eight (8) feet in height.

6.1.8-3.

Uses Customarily Accessory to Church Buildings:

a.

Religious education buildings.

b.

Kindergartens, day care centers & nurseries.

c.

Parsonage, pastorium or parish house, together with any use accessory to a dwelling as listed under Subsection 6.1.8 above.

d.

Off-street parking area for the use of members and visitors to the Church.

e.

Cemeteries.

6.1.8.4.

Uses Customarily Accessory to Retail Businesses, Office Uses and Commercial Recreation Facilities:

a.

Off-street parking or storage area for customers, clients or employees.

b.

Completely enclosed building for the storage of supplies, stock, or merchandise.

c.

Light manufacturing and/or repair facility incidental to the principal use, provided that dust, odor, smoke, noise, vibration, heat or glare produced as a result of such manufacturing or repair operation is not perceptible from any boundary line of the lot.

d.

Sheds or tool rooms for the storage of equipment used in operations or maintenance.

e.

Private swimming pools, bath houses, or cabanas.

f.

Swimming beach or facility.

g.

Bait house.

h.

Private airfields or airstrips, together with subordinate uses.

6.1.8-5.

Uses Customarily Accessory to Public Uses, Buildings, or Activities:

There shall be no limitations regarding accessory uses to any use, building or activity operated within the public domain except that such uses, buildings, or activities must be directly related and subordinate to the principal public use.

6.1.8-6.

Uses Disallowed as Accessory Uses: The definition of "accessory uses or structures" does not include mobile homes, which are designed to be dwelling units only.

6.1.9.

Setback and Other Yard Requirements for Accessory Uses:

All accessory uses operated in structures above ground level shall observe all setbacks, yards and other requirements set forth for the District within which they are located, except those water-oriented facilities such as beaches, docks, etc., which shall be permitted to infringe into required setback areas along shorelines and into rivers, lakes, streams, and other waterways.

6.1.10.

Off-street Parking.

Areas suitable for parking or storing automobiles in off-street locations shall be hereafter required in all districts at the time of the initial construction of any principal building producing an increase in dwelling units, guest rooms, floor area, seating or bed capacity, or when a conversion in use occurs. Off-street parking spaces shall have direct access to a street or alley, and shall be provided and maintained in accordance with the following requirements:

6.1.11.

Parking Space Area Requirements:

Including aisles, entrances and exits and each off-street parking area, lot or other facility shall contain a minimum of three hundred (300) square feet of space for each automobile to be accommodated.

6.1.12.

Location on Other Property:

If the required automobile parking space cannot reasonably be provided on the same lot on which the principal use is conducted, such spaces may be provided on other off-street property, provided that such property lines are within four hundred (400) feet of the main entrance to such principal use. Such automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

6.1.13.

Common Off-Street Parking Areas:

A single use, or two or more principal uses, whether located on the same or separate lots, may utilize a common area in order to comply with off-street requirements, provided that the total number of individual spaces available in such common area is not less than the sum of the spaces required for the individual uses as separately computed, and provided that the owner of said lot relinquished his development rights over the property until such time as parking space is provided elsewhere.

6.1.14.

Use of Public Rights-of-Way for Maneuvering:

When determining parking area requirements for individual uses, portions of the property rights-of-way on minor streets may be considered as permissible for maneuvering incidental to parking. On Major streets, parking facilities shall provide space outside the public rights-of-way for maneuvering incidental to parking.

6.1.15.

Extension of Parking Space Into a Residential District:

Required parking space may extend up to one hundred twenty (120) feet into a residential district, provided that:

(1)

The parking space adjoins a commercial or industrial district;

(2)

[It] has its only access to, or fronts upon , the same streets as the property in the commercial or industrial district for which it provides the required parking space; and

(3)

[It] is separated from abutting properties in the residential district by continuous planted buffer or a solid brick, concrete block, or stone wall, or a uniformly painted board fence. Such buffer strip shall not be less than six (6) feet in height and if planted shall be composed of healthy plants which possess growth characteristics that produce a dense, compact planting screen.

6.1.16.

Off-Street Loading and Unloading Spaces:

Every lot on which a business, trade, industry, residential use or mobile home park containing ten (10) or more units is hereafter established, shall provide space as indicated herein for the loading and unloading of vehicles off public rights-of-way. Such space shall have access to an alley or, if there is no alley, to a street, For the purpose of this section, an off-street loading space shall have minimum dimensions of twelve (12) feet by forty (40) feet and be clear and free of obstructions at all times. Required space shall be considered as follows:

(a)

Retail Business: One (1) space for each five thousand (5,000) feet of gross floor area:

(b)

Transportation, wholesale, industrial, governmental and institutional uses, including all public assembly places, hospitals and educational institutions, public or private outdoor and indoor recreational areas or activities: One (1) space for the first twenty-five thousand (25,000) square feet of total floor area. For anything in excess of 25,000 square feet, such uses shall provide loading spaces according to the following schedule:

(c)

Any residential use or mobile home park consisting of ten (10) or more dwelling units: one (1) space.

(d)

All uses, whether specified in this Ordinance or not, shall provide off-street loading areas sufficient for their requirements. Such space shall be adequate so that no vehicle being loaded or unloaded in connection with normal operations shall stand in or project into a public street, walk, alley or way.

(e)

Required off-street loading and unloading areas shall in all cases be located on the same lot or parcel of land as the structure they are intended to serve. In no case shall the required off-street loading space be considered as part of the area provided to satisfy off-street parking requirements as listed herein.

(f)

When situated adjacent to a residential district or residential property, or an institutional, commercial, or industrial use, an off-street loading and unloading area shall be separated from the adjoining residential district or property line by a continuous planted buffer strip or a solid brick, concrete block, or stone wall or a uniformly painted board fence. Such buffer strip shall not be less than six (6) feet in height and if planted, shall be composed of healthy plants which possess growth characteristics that produce a dense, compact planting screen.

6.1.17.

Visibility at Street Intersections:

In all districts established by this Ordinance, no fence, wall, terrace, sign, shrubbery, planting or other structure or object capable of obstructing driver vision over a height of three and one-half feet (3.5) above the finished street level shall be permitted on a corner lot within twenty-five (25) feet of the point formed by the intersection of the street right-of-way lines (or such lines extended in case of a rounded corner) which bound said lot.

6.1.18.

Visibility at Private Drives and Entrances Intersecting with Streets:

At the intersection of any private drive or entrance or exit with a public street, no fence, wall, hedge or other planting or sign forming a material impediment to visibility over a height or two and one-half (2.5) feet shall be erected, planted, placed or maintained.

6.1.19.

Exceptions to Height Limits:

The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, silos, chimneys, smokestacks, conveyors, roof signs, flag poles, masts and aerials, provided evidence from appropriate authorities is submitted to the effect that such building or structure will not interfere with any airport approach zones or flight patterns.

6.1.20.

Parking, Storage, or Use of Campers or Other Major Recreational Equipment:

No campers or other major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind the nearest portion of a building to a street, provided however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading or unloading. Such equipment shall observe all setbacks, yard and other requirements set forth within the residential districts in which they are located. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or any location not approved for such uses.

6.1.21.

Parking and Storage of Certain Vehicles:

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

6.1.22.

Curb Cuts and Access Points:

Ingress-Egress openings in concrete, asphalt, rock or curbing provisions, commonly referred to as "curb cuts", as well as other means of vehicular access to and from private property, shall be regulated in the various zoning districts established by this Ordinance in accordance with the following requirements:

6.1.22 a.

Number, Size and Spacing of Curb Cuts and Other Access Points:

In no case shall a curb cut or other access point be less than nine (9) feet or more than fifty (50) feet in length. No more than one (1) curb cut per lot shall be permitted except in FA, commercial and industrial districts, where two (2) shall be permitted on each street the lot fronts.

6.1.22 b.

Location of Curb Cuts and Other Access Points:

At street intersections no curb cut or other access point shall be located closer than: (1) twenty (20) feet from the intersection point of the two street right-of-way or property lines involved (or such lines extended in case of a rounded corner); or (2) twenty-five (25) feet from the intersection of the curb lines involved (or such lines extended in case of a rounded corner), whichever is the less restrictive.

6.1.22 c.

Access Points in the Vicinity of Interchanges:

In no case shall any curb cut, point of access or other means of vehicular ingress and egress from private property onto a public street be permitted closer than two hundred (200) feet to the intersecting point of that street's right-of-way line of any portion of an interchange, involving grade separations with that road and any limited access highways.

6.1.23.

Water and Air Pollution:

All uses must satisfactorily comply with the requirements of the South Carolina Department of Health and Environmental Control (SCDHEC) and the Abbeville County Health Department, regarding the protection of waterways from pollution by waste materials and the protection of the atmosphere from pollution by dust, smoke, or other waste materials.

6.1.24.

Water and Sewerage:

It shall be unlawful to construct or establish occupancy in a dwelling that is not connected to a water supply and sewerage disposal facility that has been approved by SCDHEC and the Abbeville County Health Department.

6.1.25.

Sale of Autos: The sale of automobiles at a place of residence shall be restricted to no more than Two (2) vehicles at any given time.

6.1.26.

Public Utility Buildings: Public utility buildings and uses such as pump stations, electrical substations, and telephone equipment buildings may be permitted in any zoning district.

6.1.27.

Solar Panels as Accessory to a Principal Structure:

A.

Residential districts (GR, R8), subject to the following guidelines:

(1)

Panels must be installed as accessory to a principal dwelling.

(2)

Panels must be limited to the sides and rear of the structure and/or rear lot only.

(3)

Panels shall not exceed the height requirements of the district as per sections 4.3 and 4.4.

(4)

Panels must be screened from adjacent residential property lines when ground-mounted. The method of screening used shall be approved by the Zoning Administrator.

(5)

Panels are to be located and situated such that glare is not offensive and does not present a safety hazard to traffic or other residences.

(6)

A site plan showing locations of panels and distance to existing structures and property lines must be submitted to the Zoning Administrator for approval with permit application.

B.

FA, RDD, GC, and BI districts, subject to the following guidelines:

(1)

Solar panels are permitted as accessory to a principal use, subject to guidelines for other allowed accessory uses within the individual district where they are to be located. See Chapter 4 and sections 6.1.8 - 6.1.10

(2)

Panels are to be located and situated such that glare is not offensive and does not present a safety hazard to traffic or nearby property.

(3)

A site plan showing locations of panels and distance to existing structures and property lines must be submitted to the Zoning Administrator for approval with permit application.

(Ord. No. 2016-12, 11-14-2016)