The board of zoning appeals may issue permits for those uses permitted by special exception which are in accordance with the provisions of this chapter and the specific conditions set forth below. The board may grant, deny, or modify any request for a use permitted by special exception after a public hearing has been held on the written request submitted by an applicant in accordance with chapter 70, article 9 of the Anderson County Code of Ordinances [article 9 of this chapter]. It may also attach any necessary conditions such as time limitations or requirements that one or more things be done before the request can be initiated. Additionally, the board may require an acceptable bond to ensure that uses allowed on review are completed consistent with proposed time schedules. This bond may be issued for a maximum period of one year, renewable upon request to the board of appeals. The board shall act on requests for uses permitted by special exception within 60 days of the date of submittal. Failure to act within 60 days shall constitute approval of the request. If the request is granted, the board shall determine that:

A.

The use meets all required conditions.

B.

The use is not detrimental to the public health or general welfare.

C.

The use is appropriately located with respect to transportation facilities water supply, fire and police protection, waste disposal, and similar services.

D.

The use will not violate neighborhood character nor adversely affect surrounding land uses.

If the board denies the request, the reasons shall be entered in the minutes of the meeting at which the permit is denied. In granting the permit, the board may designate any necessary and appropriate conditions in addition to the specific conditions contained in this chapter to ensure that the proposed use will be in harmony with the area in which it is to be located and within the spirit of this chapter.

(Ord. No. 99-004, § 7:1, 7-20-1999; Ord. No. 2016-006, § 7:1, 4-19-2016)

Public utility buildings and uses such as sewage lift stations pump stations, electrical substations, and telephone equipment buildings which are not detrimental to other uses permitted in the district may be permitted in any district. Such uses shall be enclosed within a building or by a suitable fence providing protection and screening against light, noise, fumes, or unsightliness. Open area on the premises shall be appropriately landscaped.

(Ord. No. 99-004, § 7:2, 7-20-1999; Ord. No. 2016-006, § 7:2, 4-19-2016)

Junk yards, scrap processors, and automobile wreckers may be permitted in the I-1, Industrial District subject to the following requirements and the requirements of section 42-176 [et seq.] [now section 10-19 et seq.] of the Anderson County Code of Ordinances which regulates the operation of junk yards in Anderson County.

7:3.1.

Site size. All junkyards, scrap processors, and automobile wreckers shall be located on a site of at least two acres.

7:3.2.

Location. No junk yard, scrap processor, or automobile wrecker shall be located within 500 feet of any residential district or dwelling existing at the time business operations are started.

7:3.3.

Screening. A continuous visual screen provided and maintained along the property line shall enclose open storage. The screen shall be a combination of a wall or fence and dense evergreen hedge or other type of evergreen foliage at least eight feet in height. Materials stored in the open shall not be permanently stacked higher than the required screen.

(Ord. No. 99-004, §§ 7:3—7:3.3, 7-20-1999; Ord. No. 2016-006, § 7:3, 4-19-2016)

No livestock with the exception of ponies and horses may be kept in the R-15 and R-20 districts subject to the district regulations and the following conditions. All types of livestock may be kept in the R-A, Residential Agricultural District.

7:4.1.

Site. In the R-15 and R-20 districts, the minimum lot area upon which ponies and horses may be kept is 1½ acres, with no more than one head of ponies or horses permitted for each two acres of lot area. There is no minimum acreage requirement for livestock in the R-A district.

7:4.2.

Setback. Space or shelter shall be provided where ponies or horses are kept or fed and shall not be permitted within 50 feet of any property line in the R-15 and R-20 districts except where such property line abuts a street, railroad, or watercourse at least 50 feet in width.

(Ord. No. 99-004, §§ 7:4—7:4.2, 7-20-1999; Ord. No. 2016-006, § 7:4, 4-19-2016)

A church may be permitted in all districts subject to the requirements of the district and the following requirements:

7:5.1.

Lot area. The minimum lot area shall be 40,000 square feet.

7:5.2.

Setback requirements. All buildings shall be set back from the front, side, and rear property lines a minimum of 50 feet.

7:5.3.

Off-street parking. Off-street parking shall be provided in accordance with the provisions set forth in section 6:9.

7:5.4.

Church related child care center. A church related child care center may be permitted as a use by special exception by the board of zoning appeals provided it meets the requirements of section 7:1 of this chapter and the following requirements:

7:5.4-1.

Building setback. All buildings shall set back from the front, side, and rear property lines a minimum of 50 feet.

7:5.4-2.

Recreation area screening. A combination of a wall or fence and dense evergreen hedge or other type of evergreen foliage at least six feet in height shall be provided along the side and rear lot lines where any recreation area is adjacent to a residential district for the purpose of screening activities from view.

7:5.4-3.

Off-street parking. Off-street parking shall be provided in accordance with the provisions set forth in section 6:9.

7:5.4-4.

Signage. Separate signage is not permitted for the childcare center. Signage is permitted for the church facility by the Anderson County sign ordinance.

7:5.4-5.

Board determination. Before approval can be granted, the board shall determine that all of the following requirements have been satisfied:

A.

That the child care center is clearly incidental and subordinate to the church and is operated by church staff. Plans must be submitted with the application designating the childcare center operation area in relation to the church operation area.

B.

That the design be such that additional traffic will not have an adverse impact on existing streets.

C.

That the visual appearance of the day care center will harmonize with the existing church development.

D.

That the architectural character of the child care center blends with the surrounding area.

7:5.5.

Columbaria. Columbaria are uses permitted by special exception as an ancillary or secondary use on a site with an existing church. For additional restrictions refer to section 7:15.6.

7:5.6.

Church-related activities.

A municipality or county shall not prohibit church-related activities in a single-family residence.

Church-related activities are specifically defined to exclude regularly scheduled worship services.

(Ord. No. 99-004, §§ 7:5—7:5.6, 7-20-1999; Ord. No. 2016-006, § 7:5, 4-19-2016)

A private recreation area or country club may be permitted in the R-40, R-20, R-15, R-12, R-10, R-8, R-M, R-MA, R-A, and R-A2 district subject to the requirements of the district in which it is located and the following requirements:

7:6.1.

Lot area. A private recreation area shall be located on a site not less than two acres in area.

7:6.2.

Setback requirements. All buildings, game courts, swimming pools, and similar structures shall be set back from front, side, and rear property lines a minimum of 50 feet.

7:6.3.

Food and entertainment. The provision of food and entertainment for members and guests may be permitted provided that such provision shall not cause a nuisance in the residential district.

7:6.4.

Off-street parking. Off-street parking shall be provided in accordance with the provisions set forth in section 6:9.

(Ord. No. 99-004, §§ 7:6—7:6.4, 7-20-1999; Ord. No. 2016-006, § 7:6, 4-19-2016)

Child care centers may be permitted in the R-M, R-D, R-M1, R-M2, R-M7, and R-MA districts subject to the district regulations, the South Carolina State Department of Public Welfare rules and regulations relating to licensing day care facilities and child care centers, and the following requirements:

7:7.1.

Lot area. The minimum lot area for a child care center shall be 20,000 square feet. At least 75 square feet of outdoor play area shall be available for each child based on the maximum enrollment.

7:7.2.

Indoor area. The building shall contain a minimum of 35 square feet of floor area for each child based on the maximum enrollment.

7:7.3.

Fencing. A fence having a minimum height of four feet constructed to provide maximum safety to the children shall enclose the entire play area.

7:7.4.

Off-street parking. Off-street parking shall be provided in accordance with provisions set forth in section 6:9.

7:7.5.

Demand. Applicant must show an indication of economic feasibility, justification, and impact of the proposed child care center.

(Ord. No. 99-004, §§ 7:7—7:7.5, 7-20-1999; Ord. No. 2016-006, § 7:7, 4-19-2016)

Only one manufactured home shall be allowed adjacent to and in conjunction with any public or private school or park. In determining whether to grant or deny such exception, the board of appeals may consider, but not be limited to, such factors as the availability of professional law enforcement service, history of criminal incidents in the vicinity, experience of crime or damage at the school in question, or the adequacy of alternate means of securing the premises. The board shall also make a finding of whether such exception be permitted to continue indefinitely, until a certain time, or subject to periodic review by the board. The location and placement of the manufactured home on the school site as well as the quality design of the manufactured home proposed shall be determined by the board on an individual review basis. However, in no instances shall a manufactured home be allowed to be located in the front yard of the school and shall not be located closer than ten feet to any side or rear property line. Additionally, the board may impose any other requirements which they deem necessary and appropriate in order to ensure that the manufactured home shall have a minimum impact upon the character of the neighborhood and the specific uses which adjoin the school site.

(Ord. No. 99-004, § 7:8, 7-20-1999; Ord. No. 2016-006, § 7:8, 4-19-2016)

A manufactured home as defined in article 4 of this chapter may be permitted in any zoning district as a temporary accessory residential use which shall be clearly subordinate to a principal single-family detached dwelling or manufactured home, whether or not such principal use is conforming, subject to all of the requirements listed below. In authorizing the temporary accessory residential use, the board of zoning appeals may impose such reasonable and additional stipulations, conditions, or safeguards that in the board's judgement will better fulfill the intent of this chapter.

The board of zoning appeals may authorize issuance of a permit for a temporary accessory residential use for a period not to exceed one year. At the end of that year and each subsequent year thereafter, the board may, after a complete review of the request, grant an extension of the permit for a period not to exceed one year. The review procedure shall be the same as the original application procedure. It shall be the responsibility of the zoning administrator to present to the board after each one-year period a status report of the conditions and to notify the applicant of the review.

The board of zoning appeals may at any time terminate the authorization at the request of the initiating applicant or upon the finding that the extenuating conditions no longer exist. The temporary accessory residential use and any associated services shall be removed from the premises within 30 days after notice of termination.

The board shall determine that the following requirements have been satisfied:

A.

The use shall be necessitated by the incapacity, infirmity, or extended illness of an individual who requires continuous nursing care. The attending physician shall certify the physical and/or mental condition of the person in question.

B.

The use is intended only to meet a temporary need or hardship.

C.

If the principal residential use is nonconforming, the provisions of section 6:2.1 shall be satisfied.

D.

The temporary accessory residential use shall meet all of the requirements contained in this chapter for accessory uses.

E.

The temporary accessory residential use shall conform to all of the requirements for uses permitted by special exception as set forth in section 7:1.

F.

No minimum lot area or lot width requirements shall be required for the temporary accessory residential use.

G.

The temporary accessory residential use shall conform to the front, side, and rear yard requirements established for the district in which the use is located.

H.

Off-street parking shall be provided in accordance with the provisions set forth in section 6:9 for the principal residential dwelling only.

I.

A manufactured home that is being utilized as a temporary accessory residential use may not be physically attached to or be a part of the principal structure located on the lot.

J.

No permit to allow a temporary accessory residential use shall be issued until all applicable regulations of the Anderson County codes department and other public agencies have been satisfied in regard to the adequate provision of water, sewer, access, electrical service, and fire protection. In seeking approval of the temporary accessory residential use, the applicant must demonstrate to the board of zoning appeals that these facilities and services are adequately situated with respect to the lot in question.

K.

The principal for whom the accessory use is requested must be a relative by blood or marriage or in a relationship created through adoption or through foster parental care.

L.

To provide for adequate notification of the permit application to surrounding property owners, the applicant shall provide to the board of zoning appeals signatures of the following:

1.

All property owners who own property abutting the subject property.

2.

All property owners of property located directly across a street from the subject property.

(Ord. No. 99-004, § 7:9, 7-20-1999; Ord. No. 2016-006, § 7:9, 4-19-2016)

One accessory dwelling unit may be permitted with approval of the board of zoning appeals in conjunction with any permitted principal use in the S-1, I-1, C-1, and C-2 districts subject to the following conditions:

A.

The accessory dwelling unit must be located entirely within the structure containing the permitted principal use.

B.

The accessory dwelling unit must be clearly incidental and subordinate to and necessary to the operation of the permitted principal use.

C.

The accessory dwelling unit shall not interfere with the operation of the permitted principal use, nor shall the operation being carried on by the permitted principal use create conditions which are adverse or hazardous to the person or persons occupying the accessory dwelling unit.

(Ord. No. 99-004, § 7:10, 7-20-1999; Ord. No. 2016-006, § 7:10, 4-19-2016)

Family care homes and group care homes may be allowed in all multifamily residential districts subject to section 7:1 and the following requirements:

7:11.1.

Lot requirements. The minimum lot area for a family care home shall be the district requirement for a single-family home. The minimum lot area for a group care home shall be 30,000 square feet. Setback requirements for a family or group care home shall be the district requirements for single-family homes.

7:11.2.

Signage. No signage is allowed for a family care home. A group care home is allowed signage according to the group residential requirements of the Anderson County sign ordinance.

7:11.3.

Appearance. All family/group care homes shall be similar in appearance to other residential structures in the area.

7:11.4.

Overconcentration.

In order to prevent an overconcentration of family and group care homes and the creation of a social service district, and to avoid adversely impacting the social structure of the residential area, the board of zoning appeals shall exercise care when considering a request to establish a group home.

In order to accomplish this, the board of zoning appeals should not approve the establishment of a family/group care home adjacent to another family/group care home unless: 1) The facilities are under common ownership; and/or 2) The board is of the opinion that the proposed family/group care home would not violate neighborhood character, the social structure of the area, nor adversely affect surrounding land uses.

(Ord. No. 99-004, §§ 7:11—7:11.4, 7-20-1999; Ord. No. 2016-006, § 7:11, 4-19-2016)

A nursing CCRC may be allowed in all multifamily residential districts subject to section 7:1, the group development general provisions (section 6:12), and the following requirements:

7:12.1.

Minimum area requirement. The minimum lot area requirement for a nursing CCRC shall be 30,000 square feet.

7:12.2.

Setback requirement. No structure shall be located closer than 25 feet to an exterior property line, and no structure shall be located closer than 35 feet to a public right-of-way. Interior setback requirements are not otherwise regulated.

7:12.3.

Height. No building shall exceed 35 feet in height except as provided in section 6:7.

7:12.4.

Appearance. All structures approved shall have a residential appearance.

7:12.5.

Density. The maximum allowable dwelling unit density shall be the district requirement multiplied by a factor of 1 1/2. For properties fronting major four-lane arterials, the factor shall be 1 8/10. The total number of nursing beds and dwelling units shall not exceed the multiplied factor for the respective district.

7:12.6.

Screening. A combination of a wall or fence and dense evergreen hedge or other type of evergreen foliage at least six feet in height shall be provided along the side and rear lot lines where any CCRC use is adjacent to a residential district for the purpose of screening CCRC activities from view.

(Ord. No. 99-004, §§ 7:12—7:12.6, 7-20-1999; Ord. No. 2016-006, § 7:12, 4-19-2016)

A.

Recycling drop boxes may be allowed in residential zoning districts when co-located on a site with a permitted nonresidential use (i.e., churches, schools, parks, etc.) and in the C-1R, C-1, and C-2 zoning districts with an existing commercial use. In residential zoning districts, the location of a drop box on the site is subject to review by the zoning administrator to minimize the impact on adjoining properties.

Drop boxes must be screened from any adjoining residence by a wall, compact evergreen hedge, or other type of evergreen foliage, or a combination of fence and shrubbery at least six feet in height at the time of planting.

B.

Drop-off trailers are permitted outright in the C-2, S-1, and I-1 zoning districts. In the C-2, S-1, and I-1 zoning districts the location of the drop off trailer on the site is subject to review by the zoning administrator to minimize the impact on adjoining properties.

(Ord. No. 99-004, § 7:13, 7-20-1999; Ord. No. 2016-006, § 7:13, 4-19-2016)

Automated automobile washes in conjunction with a convenience food store with gasoline sales may be permitted in the C-1, Commercial District, subject to the requirements of the C-1 district and the following requirements:

7:14.1.

Setback. The automobile wash facility shall not be permitted within 50 feet of any residentially zoned property.

7:14.2.

Ingress and egress. Entrances and exits to the automobile wash facility shall not face any residentially zoned property. All exits from those automobile wash facilities not equipped with automated dryers or blowers to remove excess water from vehicles shall not be permitted within 50 feet from the street right-of-way if the exit lane is not curbed and sloped to return the excess water into the automobile wash facility.

(Ord. No. 99-004, §§ 7:14—7:14.2, 7-20-1999; Ord. No. 2016-006, § 7:14, 4-19-2016)

Cemeteries are permitted as uses by special exception by the zoning board of appeals in the C-2, R-A, R-A2, R-40, R-20, R-15, R-12, R-10, R-8, R-M, and R-MA districts.

7:15.1.

Area. The minimum area for a cemetery shall be 30 acres.

7:15.2.

Setback.

Where a cemetery adjoins non-residentially zoned property, no setback is required. However, if a setback is provided, it shall not be less than five feet in width.

When a cemetery adjoins residentially zoned property, no building, structure, internment or storage of equipment or materials shall be located closer than 35 feet of any property line, and mausoleums, columbaria, and chapels shall not be located closer than 200 feet of any property line.

7:15.3.

Screening. A visual screen or dense evergreen hedge shall enclose the exterior boundary of the cemetery not less than six feet in height where adjacent to an existing or planned residential subdivision or development.

7:15.4.

Off-street parking. Adequate off-street waiting space shall be provided for funeral processions so that no vehicle stands or waits in a dedicated right-of-way.

7:15.5.

Access. All cemetery access shall be provided from an arterial or collector street.

7:15.6.

Additional requirements.

A.

Mausoleums may be located only within the boundaries of approved cemeteries.

B.

Cemetery review standards shall apply to all cemeteries, regardless of zoning classification.

C.

A drainage plan must be submitted and approved by the county engineer [of the] Anderson County Stormwater Management Department before cemetery approval may be granted.

D.

A cemetery may not be located in a floodplain or floodway (i.e., flood hazard area).

E.

Columbaria may be located only within the boundaries of approved cemeteries and churches with the following restrictions:

1.

Height limit—Six feet.

2.

Appearance—Brick or stone.

3.

Setbacks—Columbaria must be setback from all property lines equal to the requirements for the special use with which they are affiliated (i.e., churches-50 feet, cemeteries-200 feet).

7:15.7.

Preexisting cemeteries. Any cemetery or portion of a cemetery which was approved, or was in the process of gaining approval, as a special exception by the Anderson County board of zoning appeals on the date of adoption of this chapter [July 20, 1999] shall be considered a nonconforming use. All others shall be subject to the specific provisions of this chapter.

(Ord. No. 99-004, §§ 7:15—7:15.7, 7-20-1999; Ord. No. 2016-006, § 7:15, 4-19-2016)

Mini-warehouses may be permitted in the C-2, Highway Commercial District subject to the requirements of the C-2 district and the following requirements:

A.

Where sites abut residentially zoned properties, buildings adjacent to the perimeter must face inward with their doors oriented to the interior of the site.

B.

The facility shall not be utilized for the manufacture or sale of any commercial commodity or the provision of any service, such as the commercial repair of automobiles, boats, motors, or other items.

C.

The facility shall not be utilized for the storage of flammable chemical substances.

(Ord. No. 99-004, § 7:16, 7-20-1999; Ord. No. 2016-006, § 7:16, 4-19-2016)

Bed and breakfast establishments are permitted in the C-1 and C-2 zoning districts. In the C-1N, R-A, R-A2, R-40, R-20, R-15, R-12, R-D, R-M1, R-M2, R-M7, R-M, and R-MA zoning districts, Bed and breakfast establishments are permitted uses by special exception so long as they are approved by the Anderson County board of zoning appeals in accordance with the provisions of section 9:5.3 of the Anderson County zoning ordinance.

7:17.1.

Operations.

Cooking facilities are not permitted in any of the bed and breakfast guestrooms.

Operators of all bed and breakfast facilities must maintain a guest register. The guest register shall contain the following guest information: names, license plate numbers, home addresses, and work and home telephone numbers. The guest register shall be available for inspection by law enforcement personnel.

All bed and breakfast establishments must meet all tax, fire and building code requirements, health department requirements, and zoning requirements prior to the commencement of operations and at all times thereafter.

Luncheons, banquets, charitable fundraisers, commercially advertised activities or other gatherings for direct or indirect compensation are prohibited at a bed and breakfast homestay, host home or guesthouse located within a residentially zoned district.

All bed and breakfast facilities must conform to the requirements of the zoning district in which they are located.

Approval of a bed and breakfast facility or establishment by the Anderson County board of zoning appeals does not extend to the paying guest(s) of the bed and breakfast facility or establishment the use or access to private community activities. Examples of such amenities include, but are not limited to, tennis, golf courses, pools, and lakes.

7:17.2.

Signage. Signage for all bed and breakfast facilities must comply with the Anderson County sign ordinance. Those bed and breakfast facilities located in commercial zoning districts shall comply with the signage requirements of the zoning district in which they are located. Those bed and breakfast facilities located in single-family residential zoning districts shall be limited to a non-illuminated name plate not more than two square feet in area mounted flat against the wall of the principal building in which the bed and breakfast is located. Signage in multifamily residential zoning districts shall be limited to six feet in height and 20 square feet in area.

7:17.3.

Structural area requirement.

Bed and breakfast facilities in residential zoning districts shall not be located within 1,500 feet of another bed and breakfast facility, boardinghouse, rooming house, inn or hotel.

No existing structure in a residential area may be enlarged or expanded for the purpose of providing additional rooms for guests without the prior approval of the Anderson County board of zoning appeals, in accordance with the provisions of section 9:5.3 of the Anderson County zoning ordinance.

7:17.4.

Parking. All parking for bed and breakfast establishments must be located in the rear or on the side of the facility. There shall be one parking space per guest room.

(Ord. No. 99-004, §§ 7:17—7:17.4, 7-20-1999; Ord. No. 2016-006, § 7:17, 4-19-2016)

Location. Communication towers may be located in the following zoned areas of Anderson County:

A.

Communication towers are permitted as a principal or secondary use in the S-1, I-1, C-1N, C-2, and C-3 zoning districts and are subject to the applicable setback requirements of the district in which they are located.

B.

Communication towers are not permitted in single-family or multifamily residential zoning districts unless they comply with the ancillary use requirements as defined in C.2., below.

C.

1. Communication towers are permitted as an ancillary or secondary use on nonresidentially zoned sites where another use is already established as the principal use of the property, such as a church, shopping center, office building, public utility site, or other similar use; provided the principal use complies with applicable zoning and subdivision regulations. The minimum setbacks shall be in accordance with the district setbacks.

2.

Communication towers are permitted as a use permitted by special exception by the board of zoning appeals as an ancillary or secondary use on residentially zoned sites where another use (other than single-family or duplex use) is already established as the principal use of the property, such as a school, church, multifamily residential complex, public utility site, or other similar use; provided the principal use of the property complies with applicable zoning and subdivision regulations. On such residentially zoned sites, the minimum setback of the zoning district in which it is located shall be increased by one foot for each one foot of tower height in excess of 40 feet. The maximum required separation shall be 200 feet.

D.

In the C-1, C-1R and O-D zoning districts, communication towers are permitted as a use permitted by special exception by the board of zoning appeals. In the PD, POD, and PC zoning districts, communication towers are permitted as a use permitted by special exception by the Anderson County planning commission.

1.

Application—Each application for a special exception for a communication tower shall include the following information in addition to the general information required by this chapter:

a.

Site plan, which shall include the following information:

(i)

The location of tower(s), guy anchors (if any);

(ii)

Transmission building and other accessory uses;

(iii)

Parking;

(iv)

Access;

(v)

Landscaped areas;

(vi)

Fences;

(vii)

Adjacent land uses; and

(viii)

Photos of site and immediate area.

2.

Prior to approving a site plan, the board of zoning appeals or the Anderson County planning commission, as applicable, must make the following findings:

a.

The proposed structure will not endanger the health and safety of residents, employees, or travelers, including, but not limited to, the likelihood of the failure of such structure;

b.

The proposed structure will not impair the use of or prove detrimental to neighboring properties;

c.

The proposed structure is necessary to provide a service that is beneficial to the surrounding community;

d.

The permitted use meets the setback requirements of the underlying zoning district in which it is located;

e.

The proposed tower is located in an area where it does not substantially detract from aesthetics and neighborhood character;

f.

The proposed use is consistent with potential land uses recommended in the future land use map of the comprehensive plan for Anderson County; and

g.

Within residentially zoned areas, communication towers shall not be located within 1,000 feet of another communication tower unless such towers are located on the same property.

E.

In any zoning district, communication antennae are a permitted use when attached to existing electrical high tension towers (transmission towers), so long as:

1.

The increase in height to the existing transmission tower shall not exceed 25 feet; and

2.

The total number of antennae added to an existing transmission tower shall not exceed 12; and

3.

The applicant provides a satisfactory structural analysis of the existing electrical high-tension tower (transmission tower) prior to the issuance of any permit.

Height. Freestanding communication towers shall have a maximum height of 300 feet. For communication towers on buildings, the maximum height shall be 20 feet above the roofline of buildings 50 feet or less in height, and 40 feet above the roofline of buildings 50 feet in height or greater. Additionally, height will be governed by the maximum height of the district in which it is located and shall include a setback of one foot for each foot in height above the maximum allowed in the district to the 300-foot total maximum. In addition, with the exception of towers constructed for aeronautical purposes, communication towers may not penetrate any imaginary surface, as described in Title 14 of the Code of Federal Regulations, Federal Aviation Regulation (FAR) Part 77, associated with existing or proposed runways at any publicly owned airport.

Landscaping. Landscaping shall be required as follows:

A.

Around the base of the communication tower, outside of the security fence, at least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height shall be provided, with individual plantings spaced not more than five feet apart. In addition, at least one row of evergreen trees with a minimum caliper of 1¾ inches at the time of planting and spaced not more than 25 feet apart shall be provided within 50 feet of the perimeter security fence.

B.

The landscaping requirements may be waived in whole or in part by the zoning administrator if it is determined that existing natural vegetation provides adequate screening or if the zoning administrator determines that the landscaping requirements are not feasible due to physical constraints or characteristics of the site on which the communication tower is to be located.

C.

All required landscaping shall be installed according to established planting procedures using good quality plant materials.

D.

A certificate of occupancy shall not be issued until the required landscaping is completed in accordance with the approved landscape plan and verified by an on-site inspection by the zoning administrator or the zoning administrator's designee, unless such landscaping has been waived in accordance with B., above. A temporary certificate of occupancy may, however, be issued prior to completion of the required landscaping if the owner or developer provides to the county a form of surety satisfactory to the county attorney and in an amount equal to the remaining plant materials, related materials, and installation costs as agreed upon by the zoning administrator or the zoning administrator's designee and the owner or developer.

E.

All required landscaping must be installed and approved by the first planting season following issuance of the temporary certificate of occupancy or the surety bond will be forfeited to Anderson County.

F.

The owners and their agents shall be responsible for providing, protecting, and maintaining all landscaping in healthy and growing condition, replacing unhealthy or dead plant materials within one year or by the next planting season, whichever first occurs. Replacement materials shall conform to the original intent of the landscape plan.

G.

Eight-foot high fencing shall be provided around the communication tower and any associated building.

Illumination. Communication towers shall only be illuminated as required by the Federal Communications Commission, the Federal Aviation Administration and/or section 5:23.9 of the Anderson County zoning ordinance.

Signage. A single sign for the purposes of emergency identification shall be permitted. The permitted sign shall not exceed two square feet in area and shall be attached to the fence surrounding the tower. Under no circumstances shall any signs for purposes of commercial advertisement be permitted.

Access to site. Each parcel on which a communication tower is located must have access to a public road 20 feet in width.

General requirements. Communication towers, in addition to the requirements set forth above, must also comply with the following requirements:

A.

A statement shall be submitted from a registered engineer that the NIER (non-ionizing electromagnetic radiation) emitted therefrom does not result in a ground level exposure at any point outside such facility which exceeds the lowest applicable exposure standards by any regulatory agency of the United States Government or the American National Standards Institute. For roof-mounted communication towers, the statement regarding the NIER shall address spaces that are capable of being occupied within the structure on which the communication tower is mounted.

B.

Communication towers and their foundations shall meet the requirements of the building code for wind and seismic loads. Drawings and calculations shall be prepared and sealed by a South Carolina registered professional engineer and shall be submitted with the building permit application.

C.

All communications towers and supporting facilities shall be subject to periodic reinspection(s) by the building standards department. If any additions, changes, or modifications are proposed to the site or its components, proper plans, specifications, and calculations shall be submitted for permit approval to the building standards and zoning departments. Prototypical drawings indicating various types of antenna(s) to be located on the communication tower may be submitted at the time of the appropriate permit application. Additional antennas may be added to the communication tower without additional permits or inspections so long as electrical wiring is not required.

D.

Unless otherwise required by the FCC or the FAA, communication towers shall be light grey in color.

E.

Satisfactory evidence shall be submitted, with the building permit application for a freestanding communication tower, that alternative towers, buildings, or other structures do not exist within the applicant's tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant's necessary height criteria, or provide a location free of interference from AM towers.

F.

A communication tower must be removed within 120 days of the date such tower ceases to be used for communication purposes.

G.

Prior to issuance of a building permit, applicants shall provide documentation that the proposed communication tower has been reviewed by the FAA, if so required, and that a finding of no hazard to air navigation has been determined. Copies of the plans shall also be provided for comment to the Anderson Regional Airport prior to the issuance of permits. If any airport has an objection to the proposed tower, an advisory conference composed of airport officials, county officials and representatives of the communication company(ies) shall be convened. The results and findings of such conference shall be presented to the county zoning administrator prior to any permit being issued. Because the proximity of communication towers near aeronautical facilities affects the safety of the public, careful consideration should be given to the results and findings and such may be grounds for the zoning administrator denying the issuance of a permit or requiring that certain additional requirements be imposed as a condition for the issuance of a permit. Care shall also be taken in locating communication towers in the vicinity of any private airport whether or not it is open to the public.

(Ord. No. 99-004, § 7:18, 7-20-1999; Ord. No. 01-013, § 5, 6-19-2001; Ord. No. 2016-006, § 7:18, 4-19-2016)