Bennettsville City Zoning Code
ZONING DISTRICT
REGULATIONS
§ 152.020 A-1, SINGLE-FAMILY RESIDENTIAL.
(A) Purpose. The purpose of this district is to provide for low density residential development of relatively spacious character together with public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to protect residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for development in the future.
(B) Uses permitted. Within the A-1 district, a building or premise shall be used only for the following purposes:
(1) Single-family dwellings, excluding mobile homes;
(2) Schools, either public or private, offering general education courses and public utilities, provided that all buildings shall be located at least 50 feet from all front, side and rear lot lines;
(3) Noncommercial horticulture or agriculture, but not including the keeping of poultry or livestock;
(4) Neighborhood and community parks and centers, golf courses and similar uses;
(5) Churches or similar places of worship, including parish houses, parsonages, convents and dormitories accessory thereto;
(6) Day-care facilities limited to family day-care home, as defined by this chapter;
(7) Customary incidental home occupations;
(8) Accessory buildings and uses, including private garages, noncommercial greenhouses and workshops;
(10) Private or commercial horse stables, provided the uses shall meet all requirements of § 152.101.
(C) Dimensional requirements. Regulations governing the location and height of structures, and the area upon which they may be placed are as follows:
(1) Lot area requirements; permitted uses.
(a) Single-family dwellings shall have a minimum of 12,000 square feet.
(b) Other permitted uses shall have no minimum.
(2) Yard requirements. Unless otherwise specified by this section, the following yard requirements are applicable to all permitted uses:
(a) The minimum depth of a front yard shall be 35 feet.
(b) The minimum depth of a rear yard shall be 25 feet.
(c) There shall be two side yards, one with a minimum width of five feet and one with a minimum width of ten feet, however, the sum of the widths of both side yards shall be not less than 18 feet.
(3) Height requirements.
(a) The maximum height of all permitted uses shall be 35 feet.
(b) Churches, steeples and spires shall have a maximum height of 75 feet.
(Ord. 94-06-01, passed 6-14-94)
§ 152.021 A-2, SINGLE- AND TWO-FAMILY RESIDENTIAL.
(A) Purpose. The purpose of this district is to provide for the moderate density residential development to include single- and two-family dwellings, together with public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for the development in the future.
(B) Permitted uses. Within the A-2 district, a building or premise shall be used only for the following purpose:
(1) Any use, together with the conditions attached thereto, permitted in the A-1 district; and
(2) Two-family dwellings, including accessory apartments, in accord with the provisions of § 152.089(B).
(C) Dimensional requirements. Regulations governing the location and height of structures and the area upon which they may be placed are as follows:
(1) Lot area requirements; permitted uses.
(a) A single-family dwelling shall have a minimum of 7,500 square feet.
(b) A two-family dwelling shall have a minimum of 10,500 square feet.
(c) Other permitted uses shall have no minimum.
(2) Yard requirements. Unless otherwise specified by § 152.020 for certain uses, the following yard requirements are applicable:
(a) The minimum depth of a front yard for single-family or two-family dwellings shall be 35 feet.
(b) The minimum depth of a rear yard for a single-family dwelling shall be 15 feet. The minimum for a two-family dwelling shall be 25 feet.
(c) The minimum width of side yards for a single-family dwelling shall be five feet each. The minimum for a two-family dwelling shall be 7.5 feet each.
(3) Height requirements.
(a) The maximum height of all permitted uses shall be 35 feet.
(b) The maximum height for churches, steeples and spires shall be 75 feet.
(Ord. 94-06-01, passed 6-14-94)
§ 152.022 A-3, MULTI-FAMILY RESIDENTIAL.
(A) Purpose. The purpose of this district is to maintain and promote medium to high density residential development as might be appropriate for garden apartments and condominiums, and at the same time to permit a variety of housing types. Population density and height of buildings are low enough to be generally compatible with single-family residential development in the same general neighborhood.
(B) Permitted uses. Within the A-3 district, a building or premise shall be used only for the following purposes:
(1) Any use, together with the conditions attached thereto, permitted in the A-1 district;
(2) Two-family dwellings, including accessory apartments, in accord with the provisions of § 152.089(B);
(3) Multi-family dwellings, including condominiums, apartments and related long term occupancy units;
(4) Rooming and boarding houses;
(5) Child day-care services;
(6) Hospitals, clinics and related uses, provided a 15-foot evergreen buffer is established whenever these uses abut residential uses and no building shall be established closer than 50 feet to the nearest property line. (The buffer may be counted as part of the required setback.);
(7) Townhouses, in accord with the provisions of § 152.099;
(8) Patio and zero lot line houses, in accord with the provisions of § 152.100;
(9) Group-occupied dwellings, provided the dwelling arrangements are reviewed and approved by the Planning Commission, following an advertised public notice and hearing on the occupancy request.
(C) Dimensional requirements. Regulations governing the location and height of structures, and the area upon which they may be placed are as follows:
(1) Lot area requirements.
(a) Single-family dwellings shall have a minimum of 5,000 square feet.
(b) Two-family dwellings shall have a minimum of 7,500 square feet.
(c) Three- or more family dwellings shall have a minimum of 7,500 square feet, plus 3,000 square feet for each unit over two.
(d) Other permitted uses shall have no minimum.
(2) Yard requirements. Unless otherwise specified for certain permitted uses, the following yard requirements are applicable:
(a) Front yards.
1. The minimum depth for a single-family dwelling shall be 35 feet.
2. The minimum depth for a two-family dwelling shall be 35 feet.
3. The minimum depth for a three- or more family dwelling shall be 35 feet.
4. The minimum depth for other permitted uses shall be 35 feet.
(b) Rear yards.
1. The minimum depth for single-family dwellings shall be 15 feet.
2. The minimum depth for two-family dwellings shall be 25 feet.
3. The minimum depth for three- or more family dwellings shall be 25 feet.
4. The minimum depth for other permitted uses shall be 25 feet.
(c) Side yards.
1. The minimum depth for single-family dwellings shall be five feet.
2. The minimum depth for two-family dwellings shall be 7.5 feet.
3. The minimum depth for three- or more family dwellings shall be as follows. No building shall be erected closer than 7.5 feet from any side lot line. Where a building exceeds 80 feet horizontally and/or 35 feet vertically, whichever is greater, the side yard shall increase by the ratio of one foot for each additional seven feet in width and by the ratio of one foot for each additional three feet in height. On lots with two or more principal residential dwellings or uses, the minimum distance between the uses shall be not less than 15 feet.
4. The minimum depth for other permitted uses shall be 15 feet each.
(3) Height requirements. The maximum height of structures shall be 75 feet.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 00-08-01, passed 8-15-00; Am. Ord. 15-10-001, passed 10-20-15)
§ 152.023 A-4, GENERAL RESIDENTIAL.
(A) Purpose. The purpose of this district is to maintain and promote medium to high density residential development as might be appropriate for garden apartments and condominiums, and to permit a variety of housing types. Population density and height of buildings are intended generally to be compatible with single-family residential development in the same general neighborhood.
(B) Permitted uses. Within the A-4 district, a building or premise shall be used only for the following purposes:
(1) Any use, together with the conditions attached thereto, permitted in the A-3 district;
(2) Commercial establishments shall be home owned and operated businesses providing certain convenience items and services to the public limited to beauty shops, seamstress/tailor shops, barber shops and flower shops. The establishments shall not exceed 300 square feet of gross floor space if they are located as attached structures to the operator’s permanent residence. Design and construction shall be consistent with the existing residential structure. Any detached structure used for commercial purposes stated herein shall also comply in design and construction with the owner’s permanent on-site residence and shall not exceed 400 square feet in gross floor space and shall observe all minimum lot and yard distances as follows:
(a) Attached commercial establishments shall comply with lot and yard distances for single-family dwellings; and
(b) Detached commercial establishments shall comply with lot and yard distances for two-family dwellings.
(C) Dimensional requirements. Regulations governing the location and height of structures and the area upon which they may be placed are as follows:
(1) Lot area requirements; permitted uses.
(a) The minimum lot area for single-family dwellings shall be 5,000 square feet.
(b) The minimum lot area for two-family dwellings shall be 7,500 square feet.
(c) The minimum lot area for three- or more family dwellings shall be 7,500 square feet, plus 3,000 square feet for each unit over two.
(2) Yard requirements. Unless otherwise specified for certain permitted uses, the following yard requirements are applicable:
(a) Front yard.
1. The minimum depth for single-family dwellings shall be 35 feet.
2. The minimum depth for two-family dwellings shall be 35 feet.
3. The minimum depth for three- or more family dwellings shall be 35 feet.
4. The minimum depth for other permitted uses shall be 35 feet.
(b) Rear yard.
1. The minimum depth for single-family dwellings shall be 15 feet.
2. The minimum depth for two-family dwellings shall be 25 feet.
3. The minimum depth for three- or more family dwellings shall be 25 feet.
4. The minimum depth for other permitted uses shall be 25 feet.
(c) Side yards.
1. The minimum depth for single-family dwellings shall be five feet.
2. The minimum depth for two-family dwellings shall be 7.5 feet.
3. The minimum depth for three- or more family dwellings shall be as follows. No building shall be erected closer than 7.5 feet from any side lot line. Where a building exceeds 80 feet horizontally and/or 35 feet vertically, whichever is greater, the side yard shall increase by the ratio of
one foot for each additional seven feet in width and by the ratio of one floor for each additional three feet in height. On lots with two or more principal residential dwellings or uses, the minimum distance between the uses shall be not less than 15 feet.
4. The minimum depth for other permitted uses shall be 15 feet.
(3) Height requirements. The maximum height of structures shall be 75 feet.
(Ord. 94-06-01, passed 6-14-94)
§ 152.024 ROI-1, RESIDENTIAL, OFFICE AND INSTITUTIONAL.
(A) Purpose. This district is intended to accommodate office, institutional and residential uses in areas whose character is neither exclusively business nor residential in nature. It is designed principally for areas in transition, along major streets and for ameliorating change impacting established residential areas.
(B) Permitted uses. Within the ROI-1 district, a building or premise shall be used only for the following purposes:
(1) Any use, together with the conditions attached thereto, permitted in the A-3 district;
(2) Public utility stations and facilities;
(3) Financial, insurance and real estate uses;
(4) Bed and breakfast inns, in accord with the provisions of § 152.098;
(5) Funeral homes;
(6) Parks and playgrounds;
(7) Health care services and facilities, including:
(a) Offices and clinics;
(b) Nursing and personal care; and
(c) Allied services.
(8) Legal services;
(9) Educational services and facilities, including:
(a) Libraries;
(b) Public and private schools; and
(c) Vocational schools.
(10) Social services and facilities;
(11) Child day-care services;
(12) Museums and art galleries;
(13) Religious services and facilities;
(14) Public administrative services and facilities, but not including correctional facilities;
(15) Accessory uses and structures customarily incidental to permitted uses; and
(C) Dimensional requirements. Regulations governing the location and height of structures, and the area an which they may be placed are as follows:
(1) Lot area requirements; permitted uses.
(a) The minimum for single-family dwellings shall be 7,500 square feet.
(b) The minimum for two-family dwellings shall be 10,000 square feet.
(c) The minimum for three- or more dwellings shall be 5,000 square feet for each unit over two.
(d) The minimum for other permitted uses shall be 5,000 square feet.
(2) Yard requirements.
(a) The minimum depth of a front yard shall be 35 feet.
(b) The minimum depth of a rear yard shall be 15 feet.
(c) The minimum width of a side yard shall be five feet each.
(3) Height regulations.
(a) The maximum height of structures shall be 45 feet.
(b) The maximum for church steeples and spires shall be 75 feet.
(Ord. 94-06-01, passed 6-14-94)
§ 152.025 C-1, CENTRAL COMMERCIAL.
(A) Purpose. The purpose of this district is to provide for the intensive business and commercial development of the Bennettsville central business district. Off-street parking is permitted separately and is not required as a use because of small lot sizes and intensity of development. This district is designed to provide comparative shopping opportunities within a concentrated area, and promote a business climate essential to the vitality and economic stability of the community.
(B) Permitted uses.
(1) Within the C-1 district, a building or premise shall be used only for the following purposes.
(a) Building supplies and/or lumber yards;
(b) Cabinet shops;
(c) Cemeteries;
(d) Coal yards and wood yards;
(e) Cotton gins;
(f) Garage apartments and/or rear yard dwellings;
(g) Junk yards and/or used auto parts;
(h) Laundries and/or dry cleaning establishments;
(i) Machine shops;
(j) Manufacturing plants, where articles produced are sold at wholesale, either direct or through distributors, and where the total number of employees or operatives is five persons or less. In no case shall any of the following industrial processes or storage of the products thereof be permitted in the central business district:
1. Acid manufacture;
2. Cement, lime gypsum or plaster of Paris manufacture;
3. Distillation of bones;
4. Explosives manufacture;
5. Fertilizer manufacture;
6. Garbage, offal or dead animal reduction or dumping;
7. Glue manufacture;
8. Petroleum, refining or bulk storage;
9. Poultry hatching, raising or processing;
10. Smelting of tin, copper, zinc or iron ores; and
11. Stock yards or slaughter of animals.
(k) Mobile homes parks or courts;
(1) Recycling facilities, but not enclosed or screened pick-up stations;
(m) Mini-warehouses;
(n) Self service carwashes;
(o) Adult uses;
(p) Veterinary and animal boarding services; and
(q) Substance abuse clinics (aka drug clinics) offering counseling, drug dispensing, or other services.
(C) Dimensional requirements. Regulations governing the location and height of structures, and the area on which they may be placed are as follow:
(1) Lot area requirements. There shall be no minimum lot size.
(2) Yard requirements.
(a) No front yard minimum depth shall be required. No building, however, shall be erected or structurally altered so as to be within 40 feet of the centerline of the abutting street.
(b) No side yard minimum depth shall be required. No building, however, shall be erected or structurally altered as to be within 40 feet of the center line of the abutting street.
(c) No rear yard minimum depth shall be required. On through lots, however, the yard abutting the rear street shall be considered a front yard and the front yard requirements for the district in which the yard is located shall be met. For lots which abut on an alley at the rear of the lot, no building or structure shall be erected within 15 feet of the centerline of the alley.
(3) Height requirements. The maximum height of all buildings and structures shall be 75 feet.
(4) Off-street parking requirements. There are none.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 17-02-01, passed 2-21-17)
§ 152.026 C-2, HIGHWAY AND NEIGHBORHOOD COMMERCIAL.
(A) Purpose. The purpose of this district is to service the automobile and its passengers and to provide for commercial activities in harmony with highway development. This district also is intended to provide convenience services and goods to relatively small residential areas, and to accommodate commercial development outside of the central commercial district. For these reasons, open space, off-street parking and building setbacks are prerequisite to new construction in this district.
(B) Permitted uses. Within the C-2 district, a building or premise shall be used only for the following purposes:
(1) Any use, together with the conditions attached thereto, permitted in the A-3 district;
(2) Any retail, wholesale or storage business involving the sale of merchandise, except the following, which are expressly prohibited:
(a) Junk and salvage yards; or
(b) Adult arcades, theaters, food and video stores within 500 feet of a residential, religious, recreational or educational facility.
(3) Business involving the rendering or personal and general services, including but not limited to barber and beauty shops, dressmaker, jewelry and watch repair, photographers, studios, funeral homes, laundry and dry cleaning, plumbing and upholstery;
(4) Private or semi-private club, lodge, union hall or social center;
(5) Off-street commercial parking lot or garage;
(6) Hotels, tourist homes and motels;
(7) Frozen food lockers;
(8) Commercial recreation facilities, including, but not limited to billiard parlors, theaters, including drive-ins, bowling alleys and golf courses, including driving range, miniature or Par Three operation;
(9) Newspaper plants and printing shops;
(10) Child day-care services;
(11) Eating and/or drinking establishments including drive-ins;
(12) Public utilities, parks and facilities;
(13) Horticultural operations, including greenhouses and commercial nurseries, but not the keeping of poultry or livestock;
(14) Social, cultural, philanthropic, educational, financial, medical, business and governmental institutions and offices;
(15) Radio and television stations;
(16) Bus and transportation terminals;
(17) Veterinarians, animal hospitals or kennels;
(18) Bottling works and beverage distribution;
(19) Fabricating and assembling establishments provided the entire operation is enclosed within a building;
(20) Mechanical and repair services;
(21) Tire recapping services;
(22) Cemeteries;
(23) Recycling facilities;
(24) Accessary uses and structures customarily incidental to permitted;
(C) Dimensional requirements. Regulations governing the location and height of structures, and the area on which they may bet placed are as follows:
(1) Lot area requirements.
(a) The minimum for single-family dwellings shall be 5,000 square feet.
(b) The minimum for two-family dwellings shall be 7,500 square feet.
(c) The minimum for three- or more dwellings shall be 7,500 square feet, plus 3,000 square feet for each unit over two.
(d) There shall be no minimum for other permitted uses.
(2) Yards.
(a) The minimum depth of a front yard shall be 40 feet.
(b) The minimum depth of a rear yard shall be ten feet.
(c) The minimum width of side yards shall be 7.5 feet total. It may be observed, however, on either side or divided.
(3) Height requirements.
(a) The maximum height of structures shall be 45 feet.
(b) The maximum height of church steeples and spires shall be 75 feet.
(Ord. 94-06-01, passed 6-14-94)
§ 152.027 U-1, INDUSTRIAL.
(A) Purpose. The purpose of this district is to provide primarily for light manufacturing, fabricating, warehousing and wholesale distributing in areas with off-street loading and off-street parking for employees and with access by major streets or railroads. Commercial uses are not limited, but residential development is excluded.
(B) Permitted uses. Within the U-1 district, a building or premise shall be used only for the following purposes:
(1) Cemeteries;
(2) Building supply and lumber yards;
(3) Cabinet shops;
(4) Cold storage and freezer lockers;
(5) Coal yards and wood yards;
(6) Cotton gins;
(7) Laundries and/or dry cleaning establishments;
(8) Storage yards, including automobile junk yards, provided:
(a) No material, because it is discarded and incapable of being reused in some form, shall be placed in storage or junk yard.
(b) No material shall be placed in any junk yard in a manner that it is capable of being transferred out of the junk yard by wind, water or other causes.
(c) All paper, rags, cloth, other fibers and activities involving the same other than loading and unloading, shall be within a fully enclosed building.
(d) In order to lessen the adverse effect on adjoining property, reduce wind-blown trash and create a more healthful environment, all junkyard materials and activities not within fully enclosed buildings shall not be located nearer than 60 feet to any street line and shall be surrounded by a greenbelt planting strip composed of a row of white pine trees spaced not further than ten feet apart. This greenbelt planting strip may be modified by the Board of Zoning and Housing Appeals in situations where abundant natural buffering exists in the form of vegetation and/or terrain or where suitable planting is proposed. The Board of Zoning and Housing Appeals may also approve an alternate method of buffering when planting is not practical.
(9) Industrial and processing plants provided that the uses shall not be injurious or obnoxious to surrounding development;
(10) Customary accessory uses;
(C) Dimensional requirements. Regulations governing the location and height of structures, and the area on which they may be placed are as follows:
(1) Lot area requirements. No minimum lot area is required.
(2) Yard requirements.
(a) There shall be a front yard having a minimum depth of 50 feet. No building, however, shall be erected or structurally altered within 75 feet of the centerline or centerline of any abutting street or streets.
(b) No side yard shall be required except that for a corner lot, the side yard abutting the side street shall have a minimum depth of 50 feet. No building, however, shall be erected or structurally altered within 75 feet of the centerline of the abutting side street.
(c) No rear yard shall be required except in the case of a rear yard abutting on a street, then the rear yard shall be considered another front yard and minimum front yard requirements for this district shall be effective.
(3) Height requirements. The maximum height of all buildings and structures shall be 150 feet.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 05-02-03, passed 2-15-05)
§ 152.028 HPD, HISTORIC PRESERVATION.
(A) Purpose.
(1) The purpose of this section is:
(a) To protect, preserve and enhance the distinctive architectural and cultural heritage of the City of Bennettsville;
(b) To promote the educational, cultural, economic and general welfare of the people of the City of Bennettsville;
(c) To foster civic pride;
(d) To encourage harmonious, orderly and efficient growth and development of the City of Bennettsville;
(e) To strengthen the local economy; and
(f) To improve property values.
(2) It is the city’s hope that by encouraging a general harmony of style, form, proportion and material between buildings of historic design and those of contemporary design, the city’s historic buildings and historic districts will continue to be a distinctive aspect of the city and will serve as visible reminders of the significant historical and cultural heritage of the City of Bennettsville and State of South Carolina.
(3) This section is part of the Zoning Ordinance of the City of Bennettsville and is enacted pursuant to the S.C. Code §§ 6-29-710 and 6-29-870 et seq.
(B) Architectural Review Board established.
(1) Creation. To implement the provisions of this chapter, there is hereby established a Board of Architectural Review, hereinafter referred to as the Board, for the City of Bennettsville, consisting of seven members. Members shall be appointed by the City Council upon the recommendation of the Board.
(2) Composition and qualifications.
(a) All members of the Board shall have a demonstrated interest in historic preservation. If available in the community, the Board should have at least one member who is qualified as:
1. A historian, knowledgeable in local history;
2. An architect or, if an architect is not available to serve, someone knowledgeable in building design and construction.
Other suggested members include a lawyer, a real estate agent, an engineer, and a representative of the historical society.
(b) No members shall hold any other municipal office. (S.C. Code § 6-29-870(C).)
(c) A representative of the Board of Zoning and Housing Appeals may serve only as an ex-officio, non-voting member.
(d) Members shall assume their duties at the first regular meeting after their appointment. Members shall serve without compensation except for reimbursement for authorized expenses attendant to the performance of their duties.
(3) Terms of office.
(a) The term of office for each member shall be two years.
(b) Membership shall be identified by place numbers 1 through 7. Terms of office for members in the odd-numbered places shall expire in odd numbered years; terms for even-numbered members expire in even numbered years, provided, however, that each member shall serve until his successor is appointed and installed.
(4) Removal. Any member of the Board may be removed by the Mayor of the City of Bennettsville upon confirmation of the City Council, for repeated failure to attend meetings of the Board or for any other cause deemed sufficient by the Mayor.
(5) Appointment to fill a vacancy. If any place on the Board becomes vacant due to resignation, removal, or for any reason, the Mayor shall appoint a replacement within 60 days for the remainder of the unexpired term, subject to confirmation by the City Council.
(6) Conflicts of interest. Any member of the board who has a personal or financial interest, either directly or indirectly, in any property which is the subject of, or affected by, a decision of the Board shall be disqualified from participating in the decision of the Board concerning the property.
(7) Liability of members. Any member of the Board acting within powers granted by this section shall be relieved from personal liability for any damage and held harmless by the City of Bennettsville. Any suit brought against any member of the Board shall be defended by a legal representative furnished by the city until the termination of the proceedings.
(C) Powers and duties. The responsibility of the Board is to promote the purposes and objectives of this section, to review and recommend to City Council the designation of individual historic properties and historic districts, and to review plans and applications, as hereinafter provided, for all construction within historic districts and construction or demolition pertaining to or affecting duly designated historic properties. The Board shall have the power to approve, approve with modifications or deny approval for such applications in accordance with the prescribed procedures and guidelines.
(D) Historic property inventory. The Board shall maintain a local inventory of buildings, structures, objects, and sites more than 50 years old. These records shall be available to the public.
(E) Designation of historic properties.
(1) Criteria for historic designation. The Board shall review the local inventory and make recommendations for historic designation(s) to City Council based on the following criteria. A property may be designated historic if it:
(a) Has significant inherent character, interest, or value as part of the development or
heritage of the community, state, or nation; or
(b) Is the site of an event significant in history; or
(c) Is associated with a person or persons who contributed significantly to the culture and development of the community, state, or nation; or
(d) Exemplifies the cultural, political, economic, social, ethnic, or historic heritage of the community, state, or nation; or
(e) Individually, or as a collection of resources, embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering; or
(f) Is the work of a designer whose work has influenced significantly the development of
the community, state or nation; or
(g) Contains elements of design, detail, materials, or craftsmanship which represent a
significant innovation; or
(h) Is part of or related to a square or other distinctive element of community planning; or
(i) Represents an established and familiar visual feature of the neighborhood or community; or
(j) Has yielded, or may be likely to yield, information important in pre-history or history.
(2) Owner notification.
(a) Owners of properties proposed to be designated historic shall be notified in writing 30 days prior to consideration by City Council. Owners may appear before the City Council to voice approval or opposition to such designation.
(b) The City of Bennettsville Planning Commission shall provide its formal comment to the Council on ordinance adoption, amendment, and designation and may also serve as the entity conducting the required public hearing if so authorized by council.
(3) Identification on town zoning map. All locally designated historic properties and historic districts shall be clearly shown on the zoning map.
(4) Opposition to designation.
(a) Any property owner may object to the decision by the City Council to designate his property as historic by filing suit against the city before the Courts of the State of South Carolina.
(b) This suit must be based on procedural nonconformities in the designation process or on the misapplication of the criteria for designation as specified in the city’s ordinance or under S.C. Code § 6-29-870.0, not simply on the desire not to be included in the locally designated district. In the case of individual landmarks, the basis for challenging designation is the same.
(F) Jurisdiction of the Board of Architectural Review. The jurisdiction of the Board, in general, is the Bennettsville city limits. The jurisdiction of the Board for the recommendation of properties to be designated historic is the city limits. The jurisdiction of the Board for the review of proposed alteration to exteriors of buildings, new construction, and demolition is the individual properties and areas that have been designated by the City Council as historic.
(G) Nominations to the National Register of Historic Places. The Board may conduct first review and evaluation of all proposed nominations for the National Register of Historic Places for properties that are within its jurisdiction, prior to consideration by the State Board of Review. The Board may send their recommendations to the State Historic Preservation Office for consideration at the meeting of the State Board of Review. The Board shall not nominate properties directly to the National Register; only the State Board of Review shall have this final review authority unless expressly authorized by federal statute.
(H) Certificate of Appropriateness.
(1) General.
(a) A Certificate of Appropriateness is required before a building permit can be issued for the demolition, new construction, exterior alteration, modification or addition to a designated historic property. Any building permit not issued in conformity with this section shall be considered void.
(b) Application for a Certificate of Appropriateness must be signed by the owner or his authorized representative and the form must be signed by the chairman or vice-chairman of the Board stating its approval, denial, or approval with conditions and the reasons for the decision.
(2) Required procedure. An application for a Certificate of Appropriateness shall be obtained from the City Planning Department and, when completed, filed with the appropriate administrative official as designated by the Board.
(3) Time limits. Applications for a Certificate of Appropriateness shall be considered by the Board at its next regular meeting, provided they have been filed at least seven calendar days before the regularly scheduled meeting of the Board. If the Board fails to take action upon any application within 45 days after the complete application is received, the application shall be considered approved, except in cases where the Board has postponed an application to demolish a structure under the provisions contained in this section.
(4) Board action on application. The Board shall review the application, using the design guidelines appearing in division (I) to make findings of fact to decide whether or not the applicant’s plans are appropriate. The decision of the Board, along with the reasons for each decision, will be recorded in the minutes and will be available upon request as a public reference for preservation procedures.
(5) Contents of application. The Board shall, in its Rules of Procedure, require data as are reasonable and necessary to determine the nature of the application. An application shall not be considered complete until all the required data have been submitted.
(6) Notification of affected property owners. Prior to the issuance of an approval or denial of a Certificate of Appropriateness, the Board shall inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard.
(7) Submission of a new application. If the Board determines that a Certificate of Appropriateness should be denied, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.
(8) Maintenance, repair, and interior projects. Nothing in this document shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures designated as historic when that repair does not involve a change in design, material, color, or outer appearance of the structure. The Board shall not consider the interior arrangements or alterations to the interior of a building unless the interior of a public building or the public space of a private building is specifically described and designated as historic. The Board may authorize a staff member to approve minor projects involving repairs and ordinary maintenance that do not alter design, materials, color or the outer appearance of a structure or interior projects not subject to design review.
(9) Fines and penalties. The system of fines applied by the city for violation of the Building Code will apply to violations of this section.
(10) Substantial hardship.
(a) In the event a Certificate of Appropriateness is denied, the property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines for historic properties. Substantial hardship is to be considered by the Commission where one or more of the following unusual and compelling circumstances exists:
1. The property cannot reasonably be maintained in the manner dictated by this section;
2. There are no other reasonable means of saving the property from deterioration or collapse; or
3. The property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.
(b) The owner may be required to submit documents to show that he cannot comply with the design guidelines and earn a reasonable rate of return on his investment in the property. Information required may include:
1. Costs of the proposed development with and without modification needed to comply with the design guidelines as determined by the Board;
2. Structural report and/or a feasibility report;
3. Market value of the property in its present condition and after completion of the proposed project;
4. Cost of the property, date purchased, relationship, if any, between seller and buyer, terms of financing;
5. For the past two years, annual gross income from the property with operating and maintenance expenses, depreciation, and annual cash flow before and after debt service during that time; and
6. Other information considered necessary by the Board to determine whether or not the property may yield a reasonable return.
(11) Demolition. If the Board denies, or postpones for 180 days, a request to demolish a historic building, the Board shall work closely with the owner to find an appropriate use for the property, to help find a buyer or to obtain funding for rehabilitation, including low interest loans or grants. The Board
shall inform the community concerning the threat to the building, its value as part of the fabric of the community and, through publicity and contacts with civic groups, seek to provide assistance in preserving the property.
(I) Design guidelines.
(1) Intent. It is the intent of this section to ensure, insofar as possible, that properties designated as historic shall be in harmony with the architectural and historical character of the City of Bennettsville. In granting a Certificate of Appropriateness, the Board shall take into account the architectural and historical significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure, as well as the effect of such change or additions upon other structures in the vicinity.
(2) The Secretary of the Interior’s Standards for Rehabilitation.
(a) When considering an application for a Certificate of Appropriateness for new construction, alteration, repair, or restoration, the Commission shall use the Secretary of the Interior’s Standards for Rehabilitation as guidelines in making its decisions. In addition, the Board may adopt more specific guidelines for local historic districts and local historic buildings. These guidelines serve as the basis for determining the approval, approval with modifications, or denial of an application.
(b) The Secretary’s Standards for Rehabilitation are:
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural features or elements from other buildings, will not be undertaken.
4. Changes to a property that have acquired acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(J) Appeals. Any person may appeal a decision of the Board to the Courts of South Carolina pursuant to S.C. Code §§ 6-29-900 et seq.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 00-08-01, passed 8-15-00; Am. Ord. 05-02-03, passed 2-15-05; Am. Ord. passed 8-18-15)
§ 152.029 MH-1, PLANNED DEVELOPMENT FOR MOBILE HOMES.
(A) The purpose of this district is to provide for the orderly and planned development of mobile home parks and courts in order to enhance the health and safety of our citizens. Mobile home parks or courts shall contain an area not less than 2½ acres and shall be subject to the following requirements:
(1) The maximum number of mobile homes per acre shall not exceed eight.
(2) Sanitary sewage, storm drainage, water and refuse disposal facilities are available.
(3) Parking spaces are paved, properly marked and lighted.
(4) Concrete curbs or other appropriate car stops are installed at the end of all “head-in” parking bays which are not “drive-through” type.
(5) Roadways are not to be dedicated as public streets, have a minimum travel width of 20 feet exclusive of parking.
(6) All roadways are paved with cement or asphalt.
(7) No access roadway to a mobile home park is located closer than 150 feet to any public street intersection.
(8) The number of entrances and/or exits do not exceed the ratio of one per 150 feet of parking frontage. Parks with less than 150 feet frontage are only allowed one combination ingress and egress road.
(9) A 15-foot landscaped buffer strip (screening) is provided along the side and rear lot lines. The screening may be evergreen trees or shrubs. In lieu of the planting strip, a masonry wall or fence at lease five feet high and designed to provide equivalent screening may be provided.
(10) A minimum of 10% of the land area is set aside and developed for recreational purposes.
(11) No recreational area shall be less than 300 square feet in area. No area shall be located over a drainage field or septic tank.
(12) A request or application for a mobile home park is accompanied by a “plot plan” illustrating the above requirements and showing the placement of all mobile homes, structures, facilities, landscaping, off-street parking and drives. This plan shall become a part of the application, and if approved, any violation thereof shall constitute a misdemeanor.
(B) It is the intention by the creation of this district to provide for the use of mobile homes subject to the conditions and requirements set forth and prohibit the use of mobile homes in all areas of the city except this district.
(Ord. 94-06-01, passed 6-14-94)
§ 152.030 W-1, WILDLIFE AND MARINE.
(A) Purpose. The purpose of this district is to primarily provide for public recreation and the development and management of wildlife and marine resources.
(B) Permitted uses. The property located within this district is owned by the South Carolina Department of Wildlife and Marine Resources and so long as the property is so owned the permitted uses shall be, not withstanding any other provision of this chapter, any use thereof which is determined by the Department to be proper for the property.
(Ord. 94-06-01, passed 6-14-94)
§ 152.031 DBOZD, DOWNTOWN BENNETTSVILLE OVERLAY ZONING DISTRICT.
(A) Purpose.
(1) The purposes of this District are to:
(a) Encourage and direct development within the boundaries of the Downtown Bennettsville Overlay Zoning District and implement the Downtown Bennettsville Masterplan.
(b) Encourage a form of development that will achieve the physical qualities necessary to maintain and enhance the economic vitality of Downtown Bennettsville and maintain the desired character of the City of Bennettsville as stated in the Downtown Bennettsville Masterplan.
(c) Encourage the rehabilitation of existing buildings; ensure new buildings are compatible with their context and the desired character of the city; ensure that all uses relate to the pedestrian; ensure that retail be safeguarded along specific street frontages; ensure that rehabilitation be equitable for all scales of ownership; and assure that the permitting process be simplified and facilitated.
(d) Promote the rehabilitation of historic buildings and ensure that new buildings are compatible with and enhance the historic districts that reflect the city’s cultural, social, economic, political, and architectural heritage.
(2) For applicants that elect to develop under the standards of the Downtown Bennettsville Overlay Zoning District, the design of buildings and sites shall be regulated under the provisions of § 152.028, HPD, Historic Preservation District.
(B) Definitions.
Note - Terms used throughout this section shall take their commonly accepted meaning unless herein defined or defined in § 152.002, Definitions. When there are conflicts between the definitions herein and definitions as provided in § 152.002, Definitions, the definitions of this division shall take precedence.
ARTISAN USE. Premises used principally for the repair, manufacture and sale of domestic furniture, arts, and crafts. The work must take place entirely within an enclosed structure using only hand-held and/or table-mounted manual and electrical tools.
BUILDING HEIGHT. The vertical distance from the grade at the sidewalk at the frontage line to the highest point of the roof surface in a flat roof, to the deck line for mansard roofs, and to the eaves for gable, hip and gambrel roofs. Height limits do not apply to parapet walls, belfries, steeples, flagpoles, skylights, chimneys, or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building.
COMMERCIAL USE. Premises used generally in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services.
COMMUNITY BUILDING. A building used principally for education, worship, cultural performances, and gatherings administered by non-profit, cultural, educational, and religious organizations. Also, buildings used principally for local, state, and federal government, administration, provision of public services, education, cultural performances, and gatherings.
FACADE. The vertical exterior surface of a building that is set parallel to a frontage line.
FRONTAGE LINE. All lot lines that abut a public street. A corner lot or a through lot has two frontage lines.
OFFICE. A building or portion of a building wherein services are performed, including professional, financial, banks, clerical, sales, administrative, or medical services.
REHABILITATION. The act or process of making possible an efficient compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
RETAIL FRONTAGE LINE. All lot lines abutting a public street which are required to be retail, as designated on the Regulating Plan.
RETAIL USE. Any of the following uses: artisan, civic, commercial, cultural, entertainment, or restaurant uses.
SCREENWALL. An opaque freestanding wall aligned with the facade of an adjacent building with the purpose of masking off-street parking from view from the street. Screenwalls shall be between two and one-half and three and one-half feet in height and made of brick, stone, or other masonry material matching the building.
STOREFRONT. The portion of the building at the first story of a retail frontage line.
TERMINATED VISTAS. A building or a portion thereof which terminates a view as designated on the Regulating Plan, with architectural features of enhanced character and visibility.
TRANSITION LINE. A horizontal line the full width of a facade expressed by (a) a material change, by (b) a trim line, or by (c) a continuous balcony a maximum of two and one-half feet deep.
(C) Permit approval process. All construction activity within the Downtown Bennettsville Overlay Zoning District (DBOZD), including the construction, reconstruction, alteration, demolition, and rehabilitation of new and existing buildings and appurtenances, shall be required to follow the design
standards contained in the Zoning Ordinance of the City of Bennettsville, as amended, to include the special provisions of the Historic Preservation Ordinance, § 152.028.
(D) General standards.
(1) This division shall govern the design of all publicly and privately owned land within the Downtown Bennettsville Overlay Zoning District where the applicant elects to apply under the standards of this overlay zone.
(2) Where an applicant elects to comply with the standards of this overlay zone, the provisions of this overlay zone, when in conflict with other sections of the Zoning Ordinance, shall take precedence, except where specified otherwise herein. Where application is made following the standards of the overlay zone, the provisions of this section shall specifically supersede the floor area ratio, maximum height and minimum setback regulations contained in § 152.025, Central Commercial District, Schedule of Regulations. This standard shall be tested for one year and then reviewed and adjusted.
(3) The provisions of the Building and Building Regulations of the City Code and § 152.028, HPD - Historic Preservation District of the Zoning Ordinance, when in conflict with this overlay zone, shall take precedence.
(4) The design of civic buildings and improvements shall not be subject to the specific standards of this division, but shall be subject to negotiated design by the Planning Board, and as required by § 152.028, HPD.
(5) All site, building and sign improvement standards contained in the Downtown Bennettsville Masterplan shall be complied with on all site plan approval applications.
(6) Locations designated on the Regulating Plan for new parking areas and civic buildings shall be reserved for such development.
(7) Designated Landmark buildings shall be rehabilitated complying with § 152.028, Historic Preservation District of the Zoning Ordinance.
(E) Specific standards.
(1) Building height. The various elements of building height shall be:
(a) Maximum height of three stories and 42 feet; this shall be interpreted as shown on the Regulating Plan.
(b) For Zone C and P, building height shall be negotiated with the Planning Board.
(c) Stories at sidewalk level shall be a minimum of ten feet in height from finished floor to finished ceiling. The Planning Board may reduce this standard for rehabilitation of existing structures that do not meet this standard.
(d) A transition line shall be provided between the first and second stories. The transition shall be detailed to facilitate an awning.
(2) Building placement. Buildings and their elements shall be placed on lots as follows:
(a) Front building facades at the first story shall be located at the frontage line as shown on the Regulating Plan.
(b) In the event of adjacent preexisting setbacks, an adjustment may be allowed or required by the Planning Board.
(c) In the absence of a building facade, a screenwall shall be built along the frontage line aligned with the adjacent building facade. Screenwalls shall be between two and one-half and three and one-half feet in height and made of brick, stone or other masonry material matching the building. Screenwalls that are not for the purpose of screening off-street parking lots may be a continuous, maintained evergreen hedge. Screenwalls may have openings a maximum of 25 feet in width to allow vehicular and pedestrian access.
(d) Side setbacks shall not be required, provided that exterior walls provide the required fire resistance rating required by the Building Code.
(e) A minimum 12-foot rear yard building setback shall be provided from the mid-point of the alley, except that the Planning Board may allow this setback to be reduced or eliminated. In the absence of an alley, the rear setback shall be equal to that of the building that backs onto the lot.
(f) Awnings may encroach the frontage line and public sidewalk, but must avoid the street trees, provide at least eight feet of clearance above the sidewalk and be set back a minimum of one foot from the street curb line.
(g) Loading docks and service areas shall be permitted only within rear yards. Doors for access to interior loading docks and service areas shall not face a public street.
(h) Off-street parking on the first story shall not be permitted within 20 feet of any building facade on a frontage line or between the building facade and a frontage line.
(i) All buildings shall have their principal pedestrian entrance on a frontage line.
(3) Building use. Buildings shall accommodate the following range of uses for the various zones designated on the Regulating Plan of the Downtown Bennettsville Overlay Zoning District:
(a) Uses shall be limited to those allowed in each underlying zoning district, unless otherwise specifically provided for herein. In addition, the following uses are not permitted under the standards of this overlay zone:
1. Automatic food and drink vending machines outdoors;
2. Drive-in facilities or any commercial use which encourages patrons to remain in their automobiles while receiving goods or services, except bank drive-thru; and
3. Outdoor advertising or billboards.
(b) Civic buildings (C) shall be premises used principally for education, worship, cultural performances, and gatherings administered by non-profit cultural, educational, and religious organizations. Buildings are used principally for local, state, and federal government, administration, provision of public services, education, cultural performances, and gatherings.
(c) Parking buildings (P) shall be premises used primarily for parking, except retail frontages may be allowed at the first floor level.
(d) Downtown Buildings may be used for any commercial, office, or residential use allowed in the underlying zoning district. Upper story uses may be commercial, office, or residential, provided that no commercial or office use shall be located on a story above a residential use.
1. Exterior evidence of internal residential area that would alter the business or historic character of the principal building. Examples include, but are not limited to. satellite receiver: outdoor clothesline. A Conditional Use Permit is required.
2. Bed and Breakfast Inns or guest cottages of five or fewer guest rooms, shall be permitted in the DBOZD.
(e) Frontage. Buildings that have frontage along the Required Retail Frontage lines, shall be built to the frontage line as specified on the Regulating Plan, and must consist of retail within the first story. Uses that constitute retail include: artisan, civic, commercial, cultural, entertainment, or restaurant uses. Lobbies for hotels, offices and multiple family dwellings may be considered as part of the Required Retail Frontage, provided that such lobby occupies no more than 50% of the frontage of the structure.
(f) Retail, office, or residential uses are required to have a minimum depth of 20 feet from the frontage line on all stories. The remaining depth may be used for off-street parking. Parking access on a frontage line shall be an opening a maximum of 25 feet wide. Openings for parking garage access shall repeat the same rhythm and proportion as the rest of the building to maintain a consistent streetscape.
(g) Seating for outdoor dining shall be allowed to encroach upon the public sidewalks, with the exception of a five-foot clear pedestrian passage. This provision shall not exempt the applicant from obtaining the necessary leases from the city for use of public space.
(4) Parking requirements.
(a) For all non-residential uses located within the DBOZD, parking on the site shall not be required.
(b) For all residential uses located within the DBOZD, the on-site parking requirements may be met through leasing the required spaces from an off-site parking area.
(c) AH sites located in the DBOZD must be designed in accordance with the requirements of parking, loading, and screening in the Zoning Ordinance.
(d) All off-street parking shall comply with the screening requirement contained in this section.
(5) Architectural standards. All buildings shall be subject to the following physical requirements:
(a) At least 90% of the exterior finish material on all facades that face a street shall be limited to the following: glass, brick, cut stone, cast stone, or smooth cement stucco.
(b) The color of building exteriors shall be within the same quadrant of the color circle as adjacent buildings.
(c) Blank walls shall not face a public street. Walls facing a public street shall include windows and architectural features customarily found on the front facade of a building.
(d) Storefronts shall be directly accessible from public sidewalks. Each storefront must have transparent areas, equal to 70% of its portion of the facade, between two and eight feet from the ground. The wood or metal armature of such storefronts shall be painted, bronzed, or powder coated.
(e) Storefronts shall have the mullion systems, with doorways and signage integrally designed and painted.
(f) The glazed area of a facade above the first floor shall not exceed 35% of the total area with the facade being calculated independently.
(g) Glass shall be clear only.
(h) Facade openings, including porches, windows, and colonnades, shall be vertical in proportion.
(i) Sliding doors and siding windows are prohibited along frontage lines.
(j) Flat roofs shall be enclosed by parapets at least 42 inches high, or higher if required to conceal equipment.
(k) Cantilevered mansard roofs are prohibited.
(l) Balconies, railings, and porch structures shall be metal, wood, cast concrete, or stone.
(m) Facades may be supplemented by awnings that shall be straight sheds without side flaps, not cubed or curved. Awnings shall be between seven and 12 feet above sidewalk grade at the lower drip edge.
(n) Outside dining tables and chairs shall be primarily metal or wood (no plastic).
(o) Buildings which terminate a view as designated on the Regulating Plan shall provide distinct and prominent architectural features of enhanced character and visibility which reflect the importance of the building’s location and creates a positive visual landmark.
(6) Signage standards. Signage, when provided, shall be as follows:
(a) Signage shall be integrally designed made of weather proof material and painted with the storefront. A detailed description, sketch or picture must be submitted for approval prior to issuance of permit.
(b) Address numbers shall be a maximum of eight inches in vertical dimension. The quantity and location shall be as required for post office purposes.
(c) A single external sign band or zone may be applied to the façade of each building between the first and second floors, providing that the size is 25% or less than total wall area. The sign band or zone may contain multiple individual signs, but all must refer to a tenant of the building. Smaller identification signs, not to exceed 18 inches by 24 inches, may be placed beside the entrance at eye level.
(d) Additional pedestrian, blade, or shingle signs may be attached to a building perpendicular to the facade extending up to four feet from the facade. These signs shall be a maximum of one and one-half feet in vertical dimension and four feet in horizontal dimension. There may be one individual pedestrian sign for each business located on the first floor.
(e) The storefront glass may be stenciled with signage not to exceed one and one-half feet in vertical dimension and four feet in horizontal dimension.
(f) The vertical drip of an awning may be stenciled with signage a maximum of eight inches in vertical dimension by any length.
(g) External signs may be translucent or externally lighted, provided the signage plan is approved by the zoning administrator. Neon signs are permitted within the interior shop fronts providing they do not exceed a maximum of four square feet in area.
(7) Boundaries.
(a) All that area within the boundary, as shown on the official map, and described as follows:
Begin at Crooked Creek
Cheraw Street to West Main Street
West Main Street to Jennings Street
Jennings Street to McColl Street
McColl Street to Liberty Street
Liberty Street to King Street and a line extending Liberty Street to Fleet Street
Fleet Street to Broad Street
Broad Street to Fayetteville Avenue
Fayetteville Avenue to Cook Street
Cook Street to East Main Street
East Main Street to John Corry Road
John Corry Road to Market Street
Market Street to Marlboro Street
Marlboro Street to Crooked Creek
Crooked Creek to Cheraw Street
This area includes East, West, North and South sides of the boundary lines and all streets and areas within.
(b) The official boundary lines may be changed at any time with the approval of City Council.
(Ord. 00-08-01, passed 8-15-00; Am. Ord. 02-04-06, passed 4-16-02; Am. Ord. 17-10-002, passed 10-17-17)
§ 152.032 CEMETERY REGULATIONS.
(A) The minimum area for a cemetery shall be five acres.
(B) Setback.
(1) 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.
(2) When a cemetery adjoins residentially zoned property, no building structure, burial plot or storage of equipment or materials shall have a minimum setback of 50 feet of the adjacent residentially zoned property and have a minimum setback of 25 feet from all road right-of-ways.
(C) Screening and buffering.
(1) Screening must be provided alongside and rear exterior lot lines where any non-residential use is adjacent to a residential use and/or district for the purpose of screening non-residential activities from view. Unless otherwise required, the following landscaping and screening provisions will apply.
(2) A six foot wall, fence, berm, evergreen screening plant material, or a combination of wall, fence, berm or evergreen screening plant material with a combined height of six feet above grade shall be used for the purposes of screening. If evergreen plant material is used, it must be at least four feet in height at time of planting and capable of forming a continuous opaque screen at least six feet in height, with individual plantings spaced not more than five feet apart. Berms shall have a side slope no greater than 3:1.
(D) Off-street parking. Adequate off-street waiting space shall be provided for funeral processions so that no vehicle stands or waits in a road right-of-way.
(E) Access. All cemetery access shall be provided from an arterial or collector street.
(F) Additional requirements.
(1) Mausoleums may be located only within the boundaries of approved cemeteries.
(2) Cemetery review standards shall apply to all cemeteries, regardless of zoning classification.
(3) A storm water plan must be submitted and approved by the city before cemetery approval may be granted.
(4) A cemetery may not be located in a flood plain or floodway (i.e., an area of special flood hazard).
(5) Perpetual care cemeteries must also comply with S.C. Code, Title 40, Chapter 8.
(G) Preexisting cemeteries. Any cemetery or portion of a cemetery that is preexisting on the date of adoption of this section shall be considered a non-conforming use. All other shall be subject to the specific provisions of this section.
(H) Columbariums. Columbariums are allowed on church properties and cemetery properties in all districts as a use permitted by special exception by the Board of Zoning and Housing Appeals.
(Ord. 12-11-01, passed 11-20-12)