(A)   A special exception is a use that may be allowed upon review by the Board of Zoning Appeals to determine its impact upon the surrounding neighborhood. The following criteria for various types of uses must be reviewed to determine whether or not to allow a special exception. For uses designated as special exceptions in the table of permitted uses but without specific criteria listed below, the Board of Zoning Appeals should consider the impact based on general criteria of access, noise, screening, lighting, compatibility with adjoining uses and traffic generation.

   (B)   A conditional use will be allowed after review by the Planning Director or his or her designee to determine if it meets the criteria set forth.

(Ord. 20-8, passed 12-7-2000; Ord. 02-13, passed 7-8-2002; Ord. 07-09, passed 8-6-2007; Ord. 3, passed 10-12-2010; Ord. 2017-06, passed 8-3-2017)

   Guest accommodations and servants and caretakers quarters in connection with dwellings shall be established as accessory uses only, and any structure established for such purposes shall contain not more than one dwelling unit in each. In town center, accessory apartments, such as a rental unit above a store, shall be permitted provided § 153.080 is met. The intent is to reinforce town center as a neighborhood commercial district with people living and working there.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   Auctions or garage sales of second-hand merchandise may be conducted on a zoning lot. Such sales may be conducted only once in a calendar year from the same zoning lot.

   (B)   The sale of Christmas trees, fireworks and turkey shoots are authorized and shall not exceed a total time period of 60 days during a one-year period. This time period shall commence from the first date that such uses, individually or collectively, are approved or established, whichever is first.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Bed and breakfasts shall be subject to the following standards.

   (A)   The bed and breakfast must be residential in nature and comply with the home occupation.

   (B)   No exterior alterations, other than those necessary to assure the safety of the structure, shall be made to any building for the purpose of providing a bed and breakfast.

   (C)   Bed and breakfasts shall contain no more than ten guest rooms.

   (D)   There shall be an owner or innkeeper/manager permanently residing on the premises.

   (E)   No meals other than breakfast may be served by the resident owner to paying guests.

   (F)   Parking areas for bed and breakfast uses located in agricultural or residential zoning districts shall be screened from view of residential zoning districts and public rights-of-way by evergreen plant material that will provide opaque screening at the time of plant maturity.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   A state registered structural/acoustical engineer must find that activity will not have an adverse impact on the adjacent properties.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   In any district where this type of use is subject to conditions, the use shall have a maximum area of 5,000 square feet including the building and any outside storage. This use also excludes any tractor trailer containers in outside storage areas.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   In the office, neighborhood commercial and rural commercial districts, this use shall have a maximum floor area of 5,000 square feet or less, otherwise this use shall fall under the special exception provisions of this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Where a cemetery is permitted subject to this section, it shall be permitted only when accessory to and on the same zoning lot as a previously existing church. Burial lots shall meet the front yard setback requirements of the zoning lot on which it is located.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   A facility licensed by the South Carolina Department of Social Services (DSS) with one or more staffed residences and with a total maximum population of 20 children who are in care apart from their parents, relatives or guardians on a continuing full-time basis for protection and guidance. Play areas within 50 feet of residential structures or zoning must be appropriately buffered. Ingress/ egress, loading areas, parking and play areas must be approved.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   Except as provided in division (B) below, every church, synagogue, temple and parish house shall be set back from the boundaries of other properties in residential OR Districts at least 25 feet; provided, however, that any wall which is unbroken by doors, windows or other openings shall be set back at least 15 feet from such boundaries.

   (B)   In the case of the temporary use of a dwelling as a church or parish house for a period not to exceed three years, the Board of Zoning Appeals may waive or reduce the setback requirements of this section and the off-street parking requirements of this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   For this use to be allowed, the parcel must have five acres or more of forest land.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   Purpose and intent. The regulations of this section are designed to aid in the siting of communications towers in the town. It is the intent of these regulations to allow for the harmonious co-existence of communications towers and other land uses. It is also the intent of these regulations to reduce the overall negative impact of communications towers by: reducing the number of towers needed through a policy of encouraging co-location; and if co-location is not feasible, encouraging either the clustering of towers (tower farms), the disguising of towers through alternative designs or the location of communications equipment on existing tall structures.

   (B)   Co-location exemption. Proposed communications equipment co-locating on existing towers and structures without adding to their height shall require only a zoning permit and shall not be subject to the requirements of this section.

   (C)   Zoning permit approval criteria. No zoning permit shall be issued for a communication tower until the Planning Director and the Board of Zoning Appeals determines that the tower complies with the following criteria and standards.

      (1)   The tower must be located no closer to a residential structure than a distance equal to one and one-half feet for each one-foot in height of the proposed tower plus 50 feet as measured from the center of the proposed tower. At a minimum, there must be a 150-foot distance between the proposed tower and a residential structure. This requirement may be waived by the owner of the residential structure.

      (2)   If the proposed tower is in the CC District and it utilizes an appropriate alternative design (as determined by the Planning Director) which allows it to better blend with the surrounding environment or if the communications equipment will be placed on a tall structure housing another use without adding to its height, the proposed tower or tall structure need only meet standard zoning setback, buffer and landscaping requirements. Setback requirements from residential structures as detailed in division (C)(1) above will not apply.

      (3)   A six-foot non-climbable fence must be placed around the tower (except for those designed in a manner compatible with division (C)(2) above) and any associated building. Guy wires may be fenced separately.

      (4)   The proposed tower must be located such that adequate setbacks are provided on all sides to prevent the tower’s fall zone from encroaching onto adjoining properties (the fall zone shall be determined by an engineer certified by the state in a letter which includes the engineer’s signature and seal).

      (5)   For the purposes of co-location review and review of efforts at sitting a tower on the same lot near an existing tower, the applicant shall submit satisfactory written evidence such as correspondence, agreements, contracts and the like, that alternative towers, buildings or other tall structures are not available for use 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; providing a location free of interference from other communication towers, or available at the prevailing market rate (as determined by staff communication with persons doing business within the industry). Additionally, the applicant shall make every effort to build the proposed tower in such a manner as may allow other telecommunication users to co-locate.

      (6)   Proposed towers may not be located within 1,000 feet of the center of an existing tower unless the applicant certifies that the existing tower does not meet the applicant’s structural specifications and the applicant’s technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate. In the event of the above situation, the clustering of new towers on the same parcel near existing towers is encouraged.

      (7)   The proposed tower shall only be illuminated as required by the Federal Communications Commission or Federal Aviation Administration. Nighttime strobe lighting shall not be incorporated unless required by the Federal Communications Commission or Federal Aviation Administration.

      (8)   The proposed tower must not include signs of any nature on any portion of the tower. This requirement does not apply if the communications equipment is placed in a manner complying with division (C)(2) above.

      (9)   In granting a special exception for a communications tower, the BZA must find the following:

         (a)   That the location and height of the proposed tower will not substantially impact the character of property listed in or eligible for the National Register of Historic Places, other significant environmental, cultural or historical sites or roads which have been officially designated as scenic roads and that the tower is designed to blend into the environment and minimize visual impact;

         (b)   If a completely new tower is necessary, the staff must have written proof that the applicant’s attempts at co-location and siting a tower on the same lot near an existing tower were proven not feasible or practical; and

         (c)   That the applicant has pursued any available publicly-owned sites and privately-owned sites occupied by a compatible use, and if not utilized, that these sites are unsuitable for operation of the facility under applicable communications regulations and the applicant’s technical design requirements.

      (10)   In instances in which a proposed communications tower is viewed by the staff as having a substantially negative impact on a surrounding area or adjoining property, the BZA shall have the discretion to deny a special exception for the communications tower. This denial must be made in writing with reasons specifically stated to the applicant.

      (11)   Provide documentation that a 25-foot buffer outside the perimeter of the tower base fenced area exists or will be installed. The landscape plan or existing vegetation shall provide an opaque screen from public rights-of-way and adjacent property owners.

   (D)   Tower abandonment. A tower that is not used for communication purposes for more than 120 days (with no new application on file for any communication user) is presumed to be out of service and the owner of such tower must notify the staff and remove the tower within 60 days. Towers which are not maintained according to building codes by the owner shall be removed by the owner within 60 days. To assure the removal of towers which do not meet requirements for continued use or proper maintenance, a statement of financial responsibility shall be submitted for each tower over 100 feet and a performance bond for the amount of anticipated removal costs shall be posted for each tower over 150 feet. Removal costs shall be charged to the tower owner.

   (E)   Zoning permit submittal requirements. Applications for communication towers shall include the following information:

      (1)   A site, drawn to engineer’s scale, showing the location of the tower guy anchors (if any), buildings and other structures or improvements, parking, driveways, fences and protected and grand trees affected by the proposed improvements. Adjacent land uses shall also be noted on the site plan, with precise measurements noted between the proposed tower and any surrounding residential structures;

      (2)   The height and typical design of the tower, typical materials to be used, color and lighting shall be shown on elevation drawings;

      (3)   Documentation indicating that co-location on existing towers or buildings in the vicinity of the proposed tower was attempted by the applicant but found unfeasible, with specific reasons noted and verified. The Planning Director may require additional information to determine that co-location was unfeasible. Additionally, documentation showing the structural capability of the proposed tower to accommodate co-location and the willingness of the tower owner to allow co-location on the proposed tower is required;

      (4)   A copy of the tower’s search ring; and

      (5)   Any other information as requested by staff to allow adequate review of approval criteria, including a line of sight analysis showing potential visual and aesthetic impacts. For instance, the staff may request photographs with the tower superimposed to assess visual impact. Additionally, the proposed towers FAA study number may be required.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   In town center, a consumer convenience store may operate between the hours of 6:00 a.m. and 11:00 p.m.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   In the town center, drive-thru services are not permitted with restaurants. Drive-thrus are permitted as accessories to other uses in town center if an adequate vehicle stacking area is provided on the site which does not interfere with parking or ingress/egress of the site or building and vehicular access will not create any traffic hazards.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Where two or more principal structures are located on the same zoning lot, the following criteria shall apply.

   (A)   Density, intensity and dimensional standards. Density, intensity and dimensional standards of the underlying zoning district shall apply. In each case, the distance between structures shall not be less than the sum of the least widths of the interior setbacks that would be required if the structures were on separate lots. This distance shall be measured from the closest protrusion of each structure.

   (B)   Facing of dwelling units. Each dwelling unit shall face (front) either a street, court or outdoors living space.

   (C)   Vehicle access. All public or private vehicle accessways exceeding 500 feet in length or serving more than three dwelling units shall be constructed in accordance with all applicable county road standards. Driveways with a length of 100 to 500 feet in length that serve dwelling groups of three or fewer dwelling units shall have a clear travel lane of least 18 feet in width. Driveways of less than 100 feet in length serving dwelling groups of three or fewer dwelling units shall have a clear travel lane of least 16 feet in width. At least 14-1/2 feet of overhead clearance shall be required on all vehicle access ways.

   (D)   Other zoning requirements. Unless specifically modified by this section, a dwelling group shall comply with all other requirements of this chapter for the district in which located.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   An elderly day or residential care facility will be allowed by special exception only.

   (B)   Only existing single-family residential homes will be established as elderly day or residential care facilities.

   (C)   No more than ten residents are to be served in a facility.

   (D)   Residents will be elderly and will require personal assistance, however, medical services will not be provided on premises.

   (E)   An elderly day or residential care facility will not include programs or treatment for individuals suffering from mental illness, drug addiction or alcoholism, and excludes group homes.

   (F)   Facilities will meet all applicable state regulations.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Farm labor housing shall be subject to the following standards.

   (A)   Such use shall be set back 100 feet from road rights-of-way and property lines bordering undeveloped parcels. A minimum 200-foot setback shall be required from property lines abutting developed parcels.

   (B)   A minimum 50-foot buffer shall be maintained and planted within the setback area along all interior property lines.

   (C)   For farm labor housing that is not dormitory style, the minimum lot area for such use as a use permitted by-right shall be five acres. Such use shall be allowed as a special exception on parcels under five acres in area.

   (D)   Farm labor housing shall be used on a seasonal basis only, not as year-round housing.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Hunting or fishing lodges shall be subject to the following standards.

   (A)   For this use to be allowed, any hunting activities shall only take place on parcels where written permission of all property owners (exclusive of the Francis Marion National Forest) is provided at the time of permitting.

   (B)   If there is any stocking of game or fish, this use shall fall under the special exception procedures of this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   This facility shall have a maximum floor area of 10,000 square feet or less, otherwise this use shall fall under the special exception procedures of this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   In any district in which garage apartments are permitted, a garage apartment which contains not more than one dwelling unit may be established in addition to a principal dwelling structure; provided, however, that such garage apartment shall be the only additional dwelling structure on the lot.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Golf courses shall be subject to the following standards and criteria.

   (A)   (1)   Impact analysis. An impact analysis must be submitted that indicates the potential number of members, the characteristics of the golf course membership, a traffic impact analysis and a complete site analysis as detailed below.

      (2)   Required site analysis. The layout of any golf course shall be determined after preparing the required site analysis. The detailed site analysis will be done in order to identify the site’s most significant environmental, historic, cultural and natural resources. The site analysis will include the following.

         (a)   Vegetation. Characteristics of a vegetation survey related to land use will describe principal, predominant and significant vegetation, by type, condition, age, use and general or specific location. Features in the survey will include trees and shrubs, agricultural fields, treelines, native vegetation, orchards, groves, woodlots, pastures, wetlands, forests and grasslands. The vegetation survey shall indicate any significantly large trees or endangered plant or animal species that may reside on the site and is protected by law.

         (b)   Historical, archaeological and cultural resources. Historical resources located within the proposed golf course development must be identified on the plat. Sources such as the County Historical Survey (1991), state registers and federal registers such as the National Register of Historic Places shall be utilized in identifying these resources. The historical survey is important for noting structures and areas that must be protected as designated landmarks.

         (c)   Adjacent land use patterns. Land use on adjacent properties shall be identified. Features such as, but not limited to, roads, rice dams, traditional settlement areas, cemeteries, clusters of structures, parks, marinas and logging areas shall be shown.

         (d)   Hydrography.

            1.   All water features including streams and sensitive areas on the site, such as wetlands and riparian corridors must be located. The purpose of locating these features is to limit disturbance of soil and vegetation that affect water quality features. Hydrography shall be used to determine where water required wetland buffers and other requirements such as drainage easements will be located.

            2.   Wetland buffers of 50 feet are required on all saltwater marshes and 35 feet on all freshwater wetlands. All water bodies, rivers, streams, drainage channels, marshes or wetlands, floodplains and aquifers must be inventoried or identified.

         (e)   Wildlife habitat areas.

            1.   The purpose of identifying wildlife habitat areas is to assess the ecological conditions of the landscape and to provide continuation of these habitat areas.

            2.   Features of this survey shall include the presence of any threatened or endangered species, natural areas vital to wildlife species and habitat areas that are connected to larger undisturbed natural habitat (connected habitat system). Through this method, the study will develop key points or areas that should be left undeveloped, then define those areas most suitable for development.

   (B)   Only Audubon International Signature Program golf courses will be allowed.

   (C)   Potential sites should be selected which allow the golf course to be routed in such a way as to minimize the need to alter, create or remove existing native landscapes, trees and vegetation, and which provide opportunities for restoration/enhancement of valuable habitat.

   (D)   Sites which have archaeologically or geologically significant, and sensitive or critical habitat or environmental features shall be identified and either relocated or preserved through careful golf course design. Permanent open space easements or other techniques may be used, as appropriate, to effect preservation. The site design shall identify areas for restoration, replanting and enhancement of riparian and littoral habitat to re-establish wildlife migration corridors and linkages between fragmented habitat areas. Protection and planned restoration/enhancements for such areas during construction and ongoing operation must be ensured. Native habitats and communities of special value to threatened/endangered species shall be preserved to the greatest extent possible, consistent with state and federal regulations.

   (E)   Each site selected for golf course development will likely have a variety of habitat types present. These habitat types must be identified and provisions made for routing of the course or relocation of the species.

   (F)   The site plan should protect drainage systems that support retained vegetation. Ponds shall be developed which mimic conditions in terms of both aesthetics and habitat.

   (G)   Structures and buildings should be located such that impacts to habitats and significant natural areas are avoided.

   (H)   Design and construction standards are as follows.

      (1)   Marshes, creeks and wetlands.

         (a)   The golf course design must attempt to minimize the number of marsh, creek or wetland crossings. Marsh, creek or wetland crossings must be designed in such a way to minimize erosion and harmful effects of significant habitat and migration corridors.

         (b)   Bridges must minimize alteration of the marsh, creek or wetland environment.

         (c)   Design must create and restore riparian habitat, especially in previously degraded habitat areas, and must reduce the impact of alterations necessitated by design and construction of the course.

         (d)   The course design must employ vegetated buffer strips of sufficient width to mitigate impacts to riparian corridors and other significant habitat which may result from surface drainage of the golf course, cart paths and other developed areas. In certain circumstances where riparian vegetation has been degraded or does not exist, turf grass and rough areas may be located in closer proximity to the marshes, creeks or wetlands.

         (e)   Cart paths must be graded such that runoff from them generally does not flow directly into any marsh, creek or wetland.

         (f)   Construction fencing/siltation barriers must be utilized during the construction phase where needed to protect habitat and marsh, creek or wetland areas.

      (2)   Trees.

         (a)   The selected site must not be heavily forested (with more than 60% tree canopy coverage).

         (b)   The design of the course and related facilities must maximize the preservation of clusters or significant stands of trees, particularly grand trees, preferred specimen trees and otherwise preserve interior habitat areas.

         (c)   Irrigation systems shall be designed to avoid impacting existing oaks or other sensitive vegetation.

         (d)   If required by the Planning Director, a certified professional arborist, botanist or forester shall be employed by the applicant to evaluate the status of the trees and related habitats on the site and provide direction for restoration and/or enhancement of impacted trees.

         (e)   Cart paths within the driplines of trees slated for preservation must be grated in such a way as to not damage or stress the tree.

         (f)   Barriers (curbs, fencing, vegetation and the like) should be established to discourage cart and pedestrian travel off paths located within or adjacent to sensitive habitat.

      (3)   Water quality.

         (a)   Lined artificial storage ponds must not be located in prime groundwater recharge areas.

         (b)   Turf grass species and landscaping around buildings should be selected which are drought resistant or tolerant and which are suited for any special site characteristics or soil conditions.

         (c)   State-of-the-art irrigation systems with site meteorological monitoring capability should be used to minimize water use.

         (d)   If on-site wells or ponds are to be used as the irrigation water source, analysis will be required to determine the safe yield in order to prevent aquifer, off-site wells and/or marsh, creek or wetland depletion. The developer will be held responsible for any negative impact on water supplies to adjacent or nearby properties.

         (e)   Paved areas should be limited in order to minimize impermeable surfaces and thereby reduce surface runoff.

         (f)   The project should employ established best management practices pursuant to the non-point source program guidelines to control non-point source (stormwater) runoff pollution. For example, impervious liners for detention/retention ponds and water hazards to protect ground and surface water quality; buffer strips, oil/grease separators or other recommended techniques for parking area drainage systems; and grease traps and other recommended technologies for facilities such as golf cart maintenance or wash areas to prevent untreated runoff from entering the natural aquatic environment berms, vegetative strips, grease traps or other recommended technologies in parking areas for drainage controls to minimize pollution to nearby riparian areas and surface waters.

         (g)   The overall drainage system should be designed to ensure that there is no increase in the velocity or amount of off-site flows during major storm events.

      (4)   Archaeology.

         (a)   The design of the course must preserve significant archaeological areas and/or historical features present on the site.

         (b)   Significant archaeological sites must be staked, flagged or fenced off to ensure their protection.

      (5)   Noise.

         (a)   Where possible, clubhouse facilities and other noise-generating uses and facilities should be located away from neighbors who might be impacted.

         (b)   Roads must be sited such that traffic noise is minimized for adjacent areas.

      (6)   Growth-inducing impacts.

         (a)   The project should not provide infrastructure improvements that would be capable of serving new development other than the proposed project.

         (b)   The project should not stimulate economic expansion or growth (e.g., major changes in tax revenue base, employment expansion and the like) other than that necessary to serve the proposed project.

         (c)   The project should not establish a precedent for significant change in current Comprehensive Plan policy.

         (d)   In cases where the golf course developer owns lands adjacent to the project site, a plan for the potential development of those adjacent lands should be submitted for evaluation.

         (e)   Deed restrictions, open space easements or other appropriate techniques must be used to mitigate or prevent growth-inducing impacts inside the development

   (I)   Upon the receipt of a complete application for a golf course, the Planning Department shall notify neighbors within a 300-foot radius, parties in interest and place notification in the newspaper within ten days.

   (J)   Upon the receipt of a complete application for a golf course, the Planning Department shall have a maximum of 45 days to act on the application. Staff’s failure to act on the application within 45 days will result in the applicant being granted a zoning permit.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Group homes will comply with the following standards:

   (A)   Proof of application to the S.C. Department of Social Services (DSS) or the S.C. Department of Mental Retardation (DMR) must be presented prior to obtaining zoning permit;

   (B)   Facility must meet any applicable screening requirements in this chapter;

   (C)   Signage shall be allowed in accordance with this chapter; and

   (D)   Parking shall be provided in accordance with this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Where hair, nail and skin care services are allowed as a use with conditions, this use shall have a maximum floor area of 5,000 square feet, otherwise this use shall fall under the special exception provisions of this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   In the agricultural and residential districts, the hours of operation shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., otherwise this use shall fall under the special exception procedures of this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   In town center, motels are not permitted. Hotels are limited to 5,000 square feet.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Liquor, beer and wine sales may not be within 100 feet of an existing school, church, hospital, residence, park or library.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   In the AG and residential zoned districts, a manufactured housing unit may be used for one caretaker’s quarters. It shall not be permitted for other than residential use unless authorized elsewhere in these regulations.

   (B)   Where it is desired to utilize manufactured housing shells or units for temporary use while construction is in progress on a permanent structure, application may be submitted to the Zoning Administrator for a construction permit. Such a temporary unit shall be removed from the premises within 30 days of issuance of a certificate of occupancy for the permanent structure.

   (C)   Manufactured housing units or shells may be utilized for classroom and related use for a two-year period or as otherwise specified provided a special exception has been obtained. The period of use may be extended upon application and proper finding by the BZA.

   (D)   Where needed for the general welfare of the public, governmental entities may utilize shells or manufactured units as classrooms, clinics, offices and caretaker’s quarters; provided a special exception has been obtained.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   Permitted uses.

      (1)   Services. Marinas may provide the following services if specifically authorized by a special exception approval:

         (a)   Launching ramps and small hoists to accommodate primarily the launching of watercraft not exceeding 4,000 pounds in residential and agricultural residential districts;

         (b)   Piers, wharves and other facilities for the berthing and securing of recreational watercraft;

         (c)   Dockside maintenance and repair necessary to keep watercraft in operable condition;

         (d)   Wet storage and mooring of seaworthy pleasure craft in operable condition;

         (e)   Dispensing of fuel subject to shower and laundry facilities for marina clientele only; and

         (f)   Vending machines.

      (2)   Additional services. Excluding marinas in R and R1 Districts, marinas providing 50 or more boat slips may provide the following additional services:

         (a)   Bait and tackle retail sales;

         (b)   Retail sales of basic marine supplies and accessories necessary for boat operation, maintenance and upkeep (not to include the sale of boats and/or motors); and

         (c)   Snack bars and retail groceries.

      (3)   Other uses or services. Marinas may provide such additional activities or services as permitted by the applicable use tables.

   (B)   Performance standards. In addition to any other applicable provisions of this chapter, marinas shall be subject to the following performance standards.

      (1)   Lot size and location. The property shall have a minimum of one acre of high ground above the mean high water mark when public water and public sewer are available, shall have frontage on a public-owned road and have a minimum width of 150 feet at the water front.

      (2)   Services. All services provided by the marina shall be located on the same zoning lot or on the piers associated therewith.

      (3)   Structures. All retail sales and services shall be enclosed. The maximum structure size or bulk shall be limited to ten square feet of net floor area for each boat slip.

      (4)   Setbacks. All structures shall be set back a minimum of 100 feet from abutting property zoned as R1 or R Districts except where the property line is the street right-of-way line, in which case the front yard established for the zoning lot shall apply.

      (5)   Parking. Off-street parking shall be provided in accordance with this chapter. Any parking associated with the use of the launching ramp and other marine activities must be accommodated on-site. Parking surfaces and off-street roads or driveways within the facility shall be graded and covered with a permanent dustproof surface.

      (6)   Storage. Areas for boat trailer storage and open field boat storage shall be designated and screened from any adjacent R1 or R Districts. Open field boat storage on trailers may be provided on a ratio of one 10 x 20 space for each two boat slips.

      (7)   Screening. Marina developments, including areas for boat trailer storage and open field boat storage, shall be screened from adjacent uses.

      (8)   Signs. Those signs that identify commercial activity shall be placed and designed so as not to attract the general public.

      (9)   Wastewater disposal facilities. Wastewater disposal facilities shall meet the requirements of the regulatory agencies having jurisdiction.

      (10)   Firefighting or fire prevention. Firefighting or fire prevention equipment shall be as specified by the local fire district in which located.

      (11)   Siting standards. The issuance of a special exception for a marina shall be subject to the siting standards contained in the Marina Impact Matrix adopted by the County Council on March 5, 1985.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   These uses are not permitted in the town.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Mini-warehouse storage facilities must comply with the following criteria.

   (A)   Performance standards.

      (1)   Front setback. All structures, including the accessory manager’s office/apartment, must be set back a minimum of 25 feet from the right-of-way or the district minimum setback, whichever is greater.

      (2)   Side and rear buffers/screening.

         (a)   Where projects abut lots zoned office, commercial or industrial, no side and rear setbacks are required.

         (b)   Screening will be installed in accordance with this chapter.

         (c)   Where sites abut residentially zoned properties, buildings adjacent to the perimeter must face inward with their doors away from such areas.

      (3)   Building lengths and access. To ensure ease of access for emergency vehicles, no building shall exceed 300 feet in length. Spaces between ends of buildings shall be at least 30 feet.

      (4)   Accessory manager’s office/apartment. One management office and/or accessory residence will be permitted.

      (5)   Parking and circulation.

         (a)   Parking spaces must comply with this chapter.

         (b)   Project entrances shall be 30 feet in width.

         (c)   Roadway widths on interior drives shall be at least 24 feet in width where buildings face and open onto such drives on only one side. Where buildings face and open onto drives on both sides, widths of such drives shall be at least 34 feet.

         (d)   Turning radii, whether provided at the terminus of interior drives or at points between buildings, shall be at least 30 feet to provide for the maneuverability of emergency vehicles.

      (6)   Signs. Signs shall comply this chapter. Signs shall not be attached to or displayed on walls for fences used as required screening.

   (B)   Operating conditions.

      (1)   Commercial activities. The manufacture or sale of any commercial commodity or the provision of any service from the premises is prohibited.

      (2)   Commercial repair activities. Commercial repairs of autos, boats, motors, furniture or other items on the premises is prohibited.

      (3)   Storage of flammable substances. Storage of flammable chemical substances within the complex is prohibited.

      (4)   Open storage. Open storage of automobiles and boats is permitted only where such areas are screened to comply with this chapter.

   (C)   Site plan requirements. Prior to receiving zoning permits, site plans must be provided. Such plans shall be drawn to scale and contain the following information with dimensions:

      (1)   All existing and proposed structures;

      (2)   Driveways and parking;

      (3)   Existing drainage easements and proposed drainage plans;

      (4)   Interior roadways and turning radii;

      (5)   Lot line;

      (6)   Open storage areas;

      (7)   Proposed walls, fencing, screening, landscaping, lighting and signage;

      (8)   Rights-of-way with widths; and

      (9)   Setbacks.

   (D)   Drainage review. In addition to site plan review, applicant must submit drainage plan prepared by a licensee of the state to the County Public Works Department for review. A letter of compliance certifying adequacy of the drainage system must be received by Planning Department from Public Works Department prior to approval of conditional use application. Satisfaction of drainage requirements will be prerequisite to the granting of any zoning and building permits.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   Accessory construction facilities shall be permitted to establish an operations base in any zoning district upon obtaining a special exception after it is ascertained that such construction facilities are incidental to and necessary for such construction or installation within a three-mile radius of the operations base.

   (B)   Each such permit shall specify the location of the proposed facility and define the area and boundaries thereon to be served. The permit shall be granted for not more than one year and upon proper application, be extended a similar period of time for the same site. Upon termination of the permit, all materials used in the construction or installation shall be removed from the premises.

   (C)   Ingress and egress from such facilities shall be only from major arterials or collector streets which give rise to the least traffic through residential areas.

   (D)   Included in accessory construction facilities are temporary batching plants for asphaltic or Portland cement concrete, temporary buildings or mobile shells, field storage of materials and/or equipment.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Park, recreation and outdoor recreation and entertainment uses shall be subject to the following standards.

   (A)   Any structure established in connection with such uses shall be set back not less than 50 feet from any property in an agricultural, residential or office zoning districts, except where such property line abuts a street, in which case the front yard established for the district shall apply.

   (B)   Property line setbacks shall not apply for water-dependent structures.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007; Ord. 2017-06, passed 8-3-2017)

   These uses shall have a maximum floor area of 5,000 square feet or less, otherwise these uses shall fall under the special exception procedures of this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Where this chapter requires a special exception for any pipeline, such pipeline shall not be placed above ground unless the Board of Zoning Appeals specifically permits.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   In the agricultural and residential districts, any postal service facility shall have a maximum floor area of 5,000 square feet or less, otherwise this use shall fall under the special exception procedures of this chapter.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   The following conditions shall apply to recreation centers and golf courses and clubhouses established in connection therewith.

   (A)   Any structure established in connection with such uses should be set back not less than 50 feet from any property in an agricultural, residential or office zoning district, except where such property line abuts a street, in which case the front yard established for the district shall apply.

   (B)   Potential gathering places and play areas must be appropriately buffered from adjacent residential structures or zones.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007; Ord. 2017-06, passed 8-3-2017)

   In any district in which recreational vehicle parks are permitted as a use of right or are permitted subject to the granting of a special exception by the BZA, the following minimum conditions shall apply.

   (A)   Location and access. No recreational vehicle park shall be located except in a public park or with direct access to a state or federal numbered highway or approved county road. No entrance to or exit from a recreational vehicle park in a commercial district shall be through a residential district.

   (B)   Site conditions. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. No portion of the site that is subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose, which would expose persons or property to hazards.

   (C)   Spaces for occupancy; uses permitted; lengths of stay. Spaces in recreational vehicle parks may be used by recreation vehicles, as defined herein. Spaces shall be rented by the day or week only, and no recreational vehicle shall remain in the same trailer park more than 30 days.

   (D)   Site planning and required improvements. Site planning and improvements shall provide for:

      (1)   Facilities and amenities appropriate to the needs of the occupants;

      (2)   Safe, comfortable, convenient and sanitary use by occupants under all weather conditions to be expected during periods of occupancy; and

      (3)   Protection of occupants from adverse environmental influences, and where appropriate, protection of the neighborhood from potential adverse influences within the recreational vehicle park.

   (E)   Relation of spaces to public streets. In addition to yard requirements applying generally within districts, the following limitation shall apply with respect to recreational vehicle parks. No space shall be located so that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any major thoroughfare or collector street, or within 25 feet of the right-of-way line of any other street.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   Resource extraction approval is a three-step process that includes:

      (1)   Request preliminary special exception approval from the Board of Zoning Appeals (BZA);

      (2)   Obtain mine operation permits from the state which will be sought after preliminary approval granted by the BZA; and

      (3)   Upon approval from the state, the applicant must return to the BZA for final special exception approval with all of the detailed studies and permits submitted to the town in a timely manner so they may be made available to the public prior to the final BZA meeting.

   (B)   Preliminary approval from the BZA requires the submission of a site plan on a current aerial showing:

      (1)   The location of the proposed mining activity;

      (2)   The size of the mine;

      (3)   Adjacent land uses and owners;

      (4)   Distance to all nearby homes and businesses (shown on an aerial);

      (5)   Long range/master plan for the property;

      (6)   Determination of how much dirt will be removed and a determination of how many truck trips will be required for that amount of dirt. Estimate of average number of trucks per day;

      (7)   The hours and days of the week mine will operate (weekend operation not permitted);

      (8)   Dewatering pump location and hours of operation;

      (9)   Proposed buffer areas;

      (10)   Location of all site lighting;

      (11)   Third party audit (as approved by the town) of the amount of resource removal;

      (12)   Third party audit (as approved by the town) of daily trips; and

      (13)   Traffic study.

   (C)   Final approval requires a site plan that includes all wetlands on the subject property, trees 18 inches and greater DBH in the area to be disturbed and all of the detailed studies and permits submitted to the town in a timely manner so they may be made available to the public prior to the final BZA meeting. Final approval also requires bonds for road repairs. During the life of the mining operation, audits as described above are required. Zoning and planning required before work begins.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007; Ord. 2019-04, passed 5-2-2019)

   (A)   All proposed bars, lounges and restaurants serving beer or alcoholic beverages located within 500 feet of the property line of a lot in a residential zoning district or a lot containing a residential use shall require review and approval in accordance with the special exception procedures. Distances shall be measured from the nearest property line of the subject parcel to the nearest property line of a lot containing a residential use or located in a residential zoning district.

   (B)   In town center, bars and lounges are permitted only as subordinate part of a restaurant and may not be within 100 feet of any existing school, church, residence, park or library. Hours of operation are restricted to closing at midnight.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   In any district where this type of use is subject to conditions, the use shall have a maximum floor area of 5,000 square feet or less, otherwise the use shall fall under the special exception procedures of this chapter.

   (B)   Roadside stands in town center must be an accessory use and shall not be allowed along Highway 17.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Not more than two motor vehicles may be offered for sale, operable or inoperable, which are the property of the owner or occupier of the lot upon which the sale(s) occurs unless specifically authorized for wholesale or retail trade of motor vehicles.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Sewage disposal facilities shall be subject to the following standards.

   (A)   The installation and/or construction in accordance with design plans approved by the State Department of Health and Environmental Control, and the operation of sewage disposal plants, systems and sludge drying beds shall be approved by the County Health Department.

   (B)   Any structure or bed established in connection with such uses should be set back not less than 50 feet from any property line. All open spaces shall be screened to conform to the general character of the neighborhood.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   The design of such developments shall be approved by the Planning Commission.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   This use shall have a maximum area of 5,000 square feet including the building and any outside storage. This use also excludes any tractor trailer containers in outside storage areas.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Service stations in town center must be approved by the Planning Commission and may not be accessible from Highway 17.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Boarding or riding stables shall require a minimum lot area of five acres. Riding areas and trails shall be limited to the subject parcel upon which the stable is located unless documentation is provided granting access onto other lands. Such documentation shall be provided through written and recorded documents.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   Open storage and/or repair of more than two inoperable motor vehicles is prohibited on all lots in agricultural, residential, office, commercial and industrial districts unless specifically authorized for use as a salvage yard.

   (B)   On lots not specifically authorized for use as a salvage yard:

      (1)   Open storage and/or repair of two or less inoperable motor vehicles is permitted only as an accessory use on the same zoning lot with an existing principal dwelling unit;

      (2)   Open storage and/or repair of two or less inoperable motor vehicles is not permitted within the required front setback and must be screened in the rear according to the requirements this chapter; and

      (3)   Storage of inoperable motor vehicle parts is permitted only within a completely enclosed private garage which is accessory to the principal dwelling unit and located on the same lot.

   (C)   Repairs of inoperable motor vehicles are restricted to vehicles which are the property of the owner or occupier of the lot on which repairs occur, unless the lot is specifically zoned for the repair of motor vehicles.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   (A)   Tattoo facilities shall be prohibited within 1,000 feet of a church, school or playground. This distance shall be the shortest route of the ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school or playground.

   (B)   All proposed tattoo facilities located within 1,000 feet of a property line of a lot in a residential zoning district, or a lot containing a residential use shall require review and approval in accordance with the special exception procedures of this chapter. The distance shall be measured from the nearest property line of the subject parcel to the nearest property line of a lot containing a residential use or located in a residential zoning district.

   (C)   All proposed tattoo facilities may only provide tattooing and may not engage in any other retail business including, but not limited to, the sale of goods or performing any form of body piercing other than tattooing.

   (D)   All proposed tattoo facilities shall comply with all regulatory requirements of the state.

   (E)   Tattoo facility site plans must be approved by the Planning Commission and must comply with all provisions of this chapter.

   (F)   When the provisions of this chapter require approval as a special exception, all property owners within 1,000 feet of the subject property shall be notified of the request.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Wherever, either by use of right or where a special exception is required for an electricity regulating substation, gas pressure control station or similar utility substation, such use shall comply with the following conditions, unless it is located entirely underground:

   (A)   The uses shall be found to be essential for serving the immediate area;

   (B)   Any structure shall be set back not less than 25 feet from all property lines;

   (C)   The uses shall be enclosed by a screen as required by this chapter;

   (D)   Open spaces on the premises shall be suitably landscaped; and

   (E)   The storage of vehicles and equipment on the premises shall be prohibited.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Vehicle service; limited shall be subject to the following standards:

   (A)   No outdoor storage of vehicles shall be permitted;

   (B)   This use shall have a maximum floor area of 5,000 square feet, otherwise this use shall fall under the special exception procedures of this chapter; and

   (C)   In town center, all services shall occur inside, no materials or vehicles stored outside and no vehicles parked on site overnight.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)

   Developments in all zoning districts must comply with the following:

   (A)   No outside storage; and

   (B)   Maximum size of principal structure is 5,000 square feet (10,000 square feet for wholesale sales). Any exception to these provisions must be approved by the Board of Zoning Appeals.

(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)