The purpose of this article is to ameliorate the impact and improve the siting of certain land uses, whose characteristics could adversely affect surrounding property and environmental conditions. Toward this end, standards over and above those set forth elsewhere by this chapter are imposed by this article.

The additional requirements of this article shall apply to the following uses:

Sanitary landfills;

Hazardous waste and nuclear waste disposal sites;

Vehicular race and testing tracks;

Certain public service uses;

Sexually oriented businesses;

Body piercing and body branding establishments, tattoo parlors;

Stockyards, slaughterhouses, poultry houses, commercial hog farms, commercial kennels, and animal auction houses;

Automotive wrecking, appliance, and building materials salvage, and junkyards;

Miniwarehouses;

Private or commercial horse stables;

Quarries and other mining operations;

Resource recovery facilities, solid waste storage and transfer facilities, waste tire and treatment sites, and composting facilities;

Solar Installations;

Inert landfills;

Used Appliances, salvaged building materials or any open area storage of such materials.

(Ord. No. 2022-17, 7-25-2022; Ord. No. 2023-17, 9-25-2023)

7:3.1.

Owing to the nature and potential impact of certain uses listed by this article, all uses in this article will be considered conditional uses or special exceptions as identified in table 5.2.

7:3.2.

The Zoning Administrator shall review and evaluate each application for a conditional use to determine if all conditions of this ordinance have been met; based on such review, the Zoning Administrator shall approve or deny the application for conditional use.

7:3.3

The Board of Zoning Appeals shall review and evaluate each application for a use by special exception with respect to all applicable development standards contained herein and elsewhere in this chapter. At the conclusion of its review, the Board of Zoning Appeals may approve the application as presented, approve it with specified modifications, or deny the application.

a)

If approved, the applicant shall be issued the appropriate permit(s).

b)

If conditionally approved, the applicant shall be instructed on any contingencies or modifications imposed by the Board of Zoning Appeals, and such contingencies and modifications shall be made part of the appropriate permits issued.

c)

If denied, the applicant shall be notified in writing with the reasons for denial of the application.

d)

Upon receipt of "notice of denial", the applicant may appeal the decision to circuit court as described in Section 9-4.

(Ord. No. 2022-17, 7-25-2022; Ord. No. 2023-17, 9-25-2023)

The following conditions for land uses specified in this article shall apply in all zoning districts in this Calhoun County Zoning Ordinance:

7:8.1.

Stockyards, slaughterhouses, poultry houses, commercial kennels and livestock auction houses. The above-referenced uses shall be located no closer than one thousand (1,000) feet to any residential use. No incineration of animals or animals refuse shall be permitted. Such uses shall meet the buffer yard requirements for separating light industry from residential uses in the RU District, on all sides.

7:8.2.

Private or commercial horse stables. Owing to environmental consequences of keeping horses in residential areas, and elsewhere in the community, horse stables, pens and areas for keeping horses shall meet the following requirements:

a)

The lot or parcel shall have a minimum width of one hundred (100) feet and a minimum area of one (1) acre for the first three (3) horses or horse stalls, plus an additional twenty thousand (20,000) square feet for each additional horse or horse stall;

b)

The lot must be designed and maintained to drain so as to prevent ponding and propagation of insects;

c)

The lot must be designed and maintained so as to prevent the pollution by drainage of adjacent streams and other water bodies;

d)

The premises must be maintained in a sanitary condition through the proper use of lime and pesticides;

e)

The premises must be maintained by keeping manure piles in covered containers at least fifty (50) feet from any dwelling or any pool, patio or other recreational structure on an adjoining lot and at least twenty-five (25) feet from any property line. This requirement shall apply to residential uses in the RS and RM areas only;

f)

All manure must be removed at least twice weekly so as to prevent propagation of flies and creation of odors;

g)

All grain on the lot must be stored in rodent proof containers;

h)

All feed spillage on the lot must be promptly removed so as to prevent attraction of flies, rodents and birds and creation of odors;

i)

The exercise and training areas on the lot must be dampened so as to prevent dust; and

j)

Prompt veterinary care and services must be provided for sick horses and sick horses shall be removed promptly when deemed necessary by a licensed veterinarian selected by the county.

7:8.3.

Miniwarehouses. Due to the need to integrate miniwarehouses into the urban fabric of the community, the following standards shall be observed:

a)

Size. Miniwarehousing sites shall not exceed two (2) acres.

b)

Lot cover. Lot coverage of all structures shall be limited to fifty (50) percent of the total area.

c)

In/Out. Vehicular ingress-egress shall be limited to one (1) point for each side of property abutting any street lot line.

d)

Storage only. No business activities other than rental of storage units shall be conducted on the premises.

e)

Buffer yards and screening. Miniwarehouses shall meet the buffer yard requirements for office and commercial uses with less than 0.25 floor area ratio.

(Ord. No. 2023-17, 9-25-2023)

7:13.1.

Purpose. This section is intended to provide the opportunity for solar energy to serve as a viable form of energy generation while protecting public health, safety and general welfare. All regulations in the zoning ordinance shall apply unless expressly allowed or modified in the below standards and requirements.

7:13.2.

Applicability. This Section 7:13 applies to all Solar Installations, including any device, structure or part of a device or structure (i.e., array, panel, etc.) installed for the purpose of the collection, inversion, storage, and distribution of solar energy to a utility provider. Solar panels and related equipment that are accessory uses installed on the rooftop or in other permitted locations of residences, commercial buildings, or industrial buildings are not subject to this Section 7:13.

7:13.3.

Separation from other land uses. Documentation shall be submitted to show the required separation from adjacent land uses. A minimum of 500 feet is required between the Solar Installation and incorporated areas and platted subdivisions; this minimum separation must be measured as the distance between the security fence of the Solar Installation and the property boundary. A minimum of 500 feet is required between the Solar Installation and any existing structure on the property of churches, schools, hospitals, and residences; this minimum separation must be measured as the distance between the security fence of the Solar Installation and the edge of the identified structure.

7:13.4

Setbacks. The security fence of the Solar Installation shall be set back a minimum of 250 feet from all residential or commercial property lines, 150 feet from public rights-of-way, and 75 feet from all other property lines, and the required buffer area shall be located between the property line and security fence; setback from adjacent property may be reduced to not less than 75 feet if the adjacent property owner executes a written waiver or easement permitting a setback reduction, except that setback reductions from public rights-of-way will not be permitted.

7:13.5.

Adjacent parcel access. Solar Installations shall not landlock (prohibit vehicle access to) any adjacent property without written approval from the adjacent landowner affected.

7:13.6.

Interior vehicular access. Interior drives or roads in the Solar Installation must be maintained using existing native soils. Gravel drives shall be allowed only in the following instances:

a)

Access to the interior of the solar installation for the purposes of installation, routine maintenance, and decommissioning of critical equipment.

b)

Access routes to facility substation and inverter pads.

At

the time of decommissioning, existing gravel drives will be removed and backfilled. Landowners may request that any or all gravel drives be left in place.

7:13.7.

Grading. The design of the Solar Installation must minimize land disturbance so that the site may be restored to crop production at a future time; graded areas should not exceed 10 percent of the total land area of the Solar Installation. Disturbance of up to 20 percent of the total land area is allowed, provided that existing topsoil in those areas is stripped, stockpiled in a location protected from erosion, and then re-spread in the disturbed areas prior to equipment installation.

7:13.8.

Planting. All areas within the security fence of the Solar Installation must be planted with seed mixes approved by Clemson University's Solar Habitat program, and maintained in an environmentally sound manner. Solar sites shall comply with the SC Solar Habitat Act and be a Certified Solar Habitat Site as administered by Clemson University and achieve a score of 70 on the Certified Solar Habitat Scorecard.

7:13.9.

Existing mature vegetation. Existing mature trees and shrubs must be maintained for a minimum of 50' in width in setback areas. Dead trees and shrubs may be removed within the setback area. If existing mature vegetation does not exist in the setback area, the setback area on the interior of the buffer yard may be maintained as crop land, pasture, or native grasses and native plants. Existing wetland areas shall be protected.

7:13.10.

Buffer yards. A continuous vegetative buffer yard must be installed or retained on all sides of the development, must be on the exterior of the security fence, must be maintained for the life of the Solar Installation, shall be designed by a landscape architect registered in South Carolina and must consist of one of the types of buffers defined below:

a)

Existing mature vegetation with an average height of 8 feet and with a mix of plants sufficient to provide an opaque year-round screen.

b)

Where existing vegetation does not exist or does not achieve year-round opaqueness, a double row of offset evergreen trees installed with an 8 feet minimum height and achieving opaqueness within 3 years of installation, or a soil berm with evergreen trees and/or shrubs that provides a minimum height of 8 feet of opaque screening above the existing grade will be permitted.

c)

An alternative buffer approach that utilizes the full width of the setback shall be considered, which utilizes a combination of existing vegetation and/or successional re-growth vegetation with native plantings and is divided into zones. Figures 1 and 2 display the approach for this alternate buffer approach.

7:13.11.

Maintenance of Buffer yards. All new plantings must include an irrigation system that must be maintained until all plant materials are fully established and thriving; dead or diseased plant materials shall be replaced within 60 days of notification by the county.

7:13.12.

Streamside Buffers. An undisturbed streamside buffer of vegetation must be maintained within 100 feet (measured horizontally) on both sides of any perennial stream on the site of a Solar Installation; the first 50 feet of buffer must be existing trees or must be left undisturbed, with the ability to trim larger trees for shade management, for the life of the project to allow natural reforestation; the next 50 feet of streamside buffer may be maintained as turf grass, pasture, or hay field, or may be intermittently mowed to encourage native grasses, forbs and other native plants. Temporary sediment control measures may also be installed in the outer 50 feet of this buffer.

7:13.13.

Decommissioning Plan. Prior to building permit approval, the applicant must include a decommissioning plan that describes the anticipated life of the Solar Installation, the estimated decommissioning costs in current dollars (less salvage value estimates for Solar Installation equipment and materials), the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the Solar Installation project will be decommissioned and the site restored. Following a continuous six-month period in which no electricity is generated or sold, the permit holder will have one year to complete decommissioning of the Solar Installation. Decommissioning includes removal of solar panels, buildings, cabling, electrical components, and any other associated facilities below grade as described in the decommissioning plan. Prior to building permit approval, the applicant must provide the County with a performance guarantee (surety or performance bond,issued by an insurance carrier licensed in the State of South Carolina and carrying an A.M. Best rating of not less than "A", certified check or irrevocable letter of credit) in the amount of 125% of the estimated decommission cost or $50,000.00, whichever is greater. Estimates shall be determined by an engineer licensed to practice in South Carolina and shall be updated every 5 years.

7:13.14.

Utility Interconnection. The applicant must provide a utility interconnection application once submitted to the utility, and proof of payment prior to facility construction. Once constructed, the project must provide a copy of the signed certification of completion from the electric utility prior to issuance of the certificate of occupancy for the system.

7:13.15.

Fee-in-Lieu Agreement. Any fee-in-lieu agreement related to County taxes shall not be superseded by future state or federal legislation.

7:13.16.

Other Site Development Requirements. The Solar Installation must comply with the additional provisions enumerated below.

a)

Solar panels are to be located and situated so glare is not a hazard to traffic or residences; a statement from a qualified engineer experienced with Solar Installations must be submitted with the building permit application.

b)

Except for poles, lines, and other equipment necessary to connect the solar Installation to the electrical utility grid, including communications and data collection equipment, no structure shall achieve a height of greater than 15 feet.

c)

Access to the site must be controlled by a wildlife-friendly fence of a height that meets the NEC without the use of barbed wire.

d)

The site must adhere to the applicable sections of the National Electric Code and International Building Code at time of construction and throughout the operation of the site.

e)

Power inverters and other sound producing equipment must be no less than 750 feet from any existing dwelling unit at the time of construction of the Solar Installation, with at least 100 feet of solar racking installed between the inverter and the fence.

f)

The applicant must demonstrate that the Solar Installation shall not unreasonably interfere with the view of, or from publicly accessible sites of significant public interest such as public parks, rivers and other historic or natural resources.

g)

The applicant must obtain liability insurance, including offsite property damage coverage for adjacent property or properties, to cover legal liability for damage or other adverse impacts to the adjacent property owners. Liability insurance coverage shall be issued by an insurance carrier licensed in the State of South Carolina and carrying an A.M. Best rating of not less than "A".

(Ord. No. 2023-17, 9-25-2023)

Editor's note— Formerly entitled "Solar Projects or Farms of More than One Acre," which was amended as herein set out by Ord. No. 2023-17.

Editor's note— Ord. No. 2023-17, adopted Sept. 25, 2023, deleted § 7:14 entitled "Solar Projects or Farms of Less than One Acre or attached to a Residential Unit," which derived from Ord. No. 2022-17, adopted July 25, 2022.

Certain activities inherently have characteristics adversely affecting surrounding property and environmental conditions. As such, additional requirements specified below shall apply to the following uses:

Sanitary landfills;

Hazardous waste and nuclear waste disposal sites;

Certain public service uses;

Sexually oriented businesses;

Body piercing and body branding establishments, tattoo parlors;

Automotive wrecking, appliance, building materials salvage, and junkyards;

Quarries and other mining operations;

Resources recovery facilities, solid waste storage and transfer facilities, waste tires and treatment sites, and composting facilities;

Inert landfills;

Vehicular race and testing tracks.

The requirements for these uses shall apply to all districts.

(Ord. No. 2022-17, 7-25-2022; Ord. No. 2023-17, 9-25-2023)

Due to consideration for the public health and safety and potential pollution to the environment resulting from sanitary landfills, any such uses proposed for Calhoun County shall comply with the following supplemental development standards:

7:16.1.

Proximity requirements. No such use shall be located within two thousand five hundred (2,500) feet of any existing residential, recreational, religious, educational, medical or public use (measured in a straight line).

7:16.2.

Geotechnical certification. A geotechnical engineering firm shall render a written opinion that, to their best professional judgement, the rock formations being used to contain the waste are impermeable and that the surrounding ground water sources will not be contaminated.

7:16.3.

Drainage and sediment control. A drainage and sedimentation plan shall accompany the request, showing all offsite runoff.

7:16.4.

Buffer and landscaping required. The facility shall be enclosed by buffer yard landscaping on all sides visible from the road or street serving the facility and an opaque cyclone fence on the remaining unexposed boundaries.

7:16.5.

Decommissioning and restoration. The site shall be restored and vegetated on completion of use as a landfill.

7:16.6.

SC-DHEC licensing required. All such uses shall be licensed to operate in the county by the South Carolina Department of Health and Environmental Control.

All hazardous and nuclear waste disposal sites are declared by this chapter to be incompatible with prevailing environmental conditions, and existing and planned development in Calhoun County. All such uses are therefore, prohibited, and no such sites shall be permitted in the future without a comprehensive environmental impact statement, and approval by county council.

(Ord. No. 2023-17, 9-25-2023)

(a)

Due to the need for and potential negative impact of the following uses, their location shall be guided by the additional requirements of this section.

1.

Incinerators.

2.

Wastewater treatment plants, spray fields, and other major wastewater facilities.

3.

Electrical substations.

4.

Prisons.

5.

Power Plants.

(b)

A proposed siting of any of the above uses shall be subject to the following requirements, as well as any special conditions imposed by the planning commission to secure public health, safety and acceptance:

1.

Full disclosure of all emergency procedures and an analysis of the adequacy of those procedures, where applicable.

2.

Special buffer yard and screening requirements as described in Section 6:4.

3.

Environmental Assessment as prescribed by the National Environmental Policy Act of 1969 (NEPA), where necessary to adequately evaluate the impact of such uses.

(Ord. No. 2022-17, 7-25-2022)

7:19.1.

Purpose. It is the purpose of these requirements to promote the health, safety, morals, and general welfare of the citizens of the county, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the county. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

7:19.2.

Classification. Sexually oriented businesses are classified as follows:

a)

Adult arcades.

b)

Adult bookstores or adult video stores.

c)

Adult cabarets.

d)

Adult motels.

e)

Adult motion picture theaters.

f)

Adult theaters.

g)

Escort agencies.

h)

Nude model studios.

i)

Sexual encounter centers.

7:19.3.

Permit and/or license required. A person commits a misdemeanor if he operates a sexually oriented business without a valid permit and/or license issued by the county for the particular type of business.

a)

An application for a permit and/or license must be made on a form provided by the appropriate county department.

b)

The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

c)

The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official.

d)

If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit and/or license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten (10) percent or greater interest in the business must sign the application for a permit and/or license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten (10) percent or greater interest in the corporation must sign the application for a permit and/or license as applicant.

e)

The fact that a person possesses other types of state or county permits and/or licenses does not exempt him from the requirement of obtaining a sexually oriented business permit and/or license.

7:19.4.

Issuance of permit and/or license. The county zoning administrator shall approve the issuance of a permit and/or license to an applicant within thirty (30) days after receipt of an application unless he finds one (1) or more of the following to be true:

a)

An applicant is under eighteen (18) years of age.

b)

An applicant or an applicant's spouse is overdue in his payment to the county of taxes, fees, fines and penalties assessed against him or imposed upon him in relation to a sexually oriented business.

c)

An applicant has failed to provide information reasonably necessary for issuance of the permit and/or license or has falsely answered a question or request for information on the application form.

d)

An applicant is residing with a person who has been denied a permit and/or license by the county to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.

e)

The premises to be used for the sexually oriented business have not been approved by the health department, fire department and/or the building official as being in compliance with applicable laws and ordinances. If any of the required inspections have not been completed in the forty-five-day period after application submittal, the zoning administrator shall, upon written request of the applicant, issue a sexually oriented business permit contingent upon successful completion of the required inspection, provided that, along with the written request for the contingent permit, the applicant submits written documentation that it requested the inspections in a timely manner and that all other requirements for issuance of the permit have been satisfied. For purposes of this subsection, a request for an inspection shall be deemed to be "timely" if requested between sixty (60) and thirty (30) days prior to expiration of the permit. An inspection is not timely if done prior to sixty (60) days before expiration. The contingent permit shall be immediately deemed null and void if the applicant fails any inspection.

f)

The permit and/or license fee required by this ordinance has not been paid.

g)

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this ordinance. The permit and/or license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business.

h)

The permit and/or license shall be posted in a conspicuous place at or near the entrance of the sexually oriented business so that it may be easily read at any time.

7:19.5.

Fees. The annual fee for a sexually oriented business permit and/or license is one thousand five hundred dollars ($1,500.00).

7:19.6.

Inspection. An applicant, or permittee and/or licensee shall permit representatives of the sheriff's department, health department, fire department, planning and development department, or other county or state departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

7:19.7.

Expiration of permit and/or license. Each permit and/or license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided by subsection (c) above. Application for renewal should be made at least thirty (30) days before the expiration date, but not more than sixty (60) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit and/or license will not be affected. It is the responsibility of the applicant to ensure that he meets these deadlines.

When the county zoning administrator denies renewal of a license, the applicant shall not be issued a permit and/or license for (1) year from the date of denial. If subsequent to denial, the county zoning administrator finds that the basis for denial of the renewal permit and/or license has been corrected or abated, the applicant may be granted a permit and/or license if at least ninety (90) days have elapsed since the date denial became final.

7:19.8.

Suspension. The county zoning administrator shall suspend a permit and/or license for a period not to exceed thirty (30) days if he determines that a permittee and/or licensee or an employee of a permittee and/or licensee has:

1.

Violated or is not in compliance with any section of this ordinance.

2.

Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.

3.

Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

4.

Knowingly permitted gambling by any person on the sexually oriented business premises.

7:19.9.

Revocation. The county zoning administrator shall revoke a permit and/or license if a cause of suspension in subsection (h) above occurs and the permit and/or license has been suspended within the preceding twelve (12) months.

The county zoning administrator shall revoke a permit and/or license if he determines that:

1.

A permittee and/or licensee gave false or misleading information in the material submitted to the zoning administrator during the application process.

2.

A permittee and/or licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.

3.

A permittee and/or licensee or an employee knowingly allowed prostitution on the premises.

4.

A permittee and/or licensee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's and/or licensee's permit and/or license was suspended.

5.

A permittee and/or licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the permitted and/or licensed premises.

6.

A permittee and/or licensee is delinquent in payment to the county or State for any taxes for fees past due.

When the county zoning administrator revokes a permit and/or license, the revocation shall continue for one (1) year and the permittee and/or licensee shall not be issued a sexually oriented permit and/or license for one (1) year from the date revocation became effective. If subsequent to revocation the county zoning administrator finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit and/or license if at least ninety (90) days have elapsed since the date the revocation became effective.

7:19.10.

Transfer of permit and/or license. A permittee and/or licensee shall not transfer his permit and/or license to another, nor shall a permittee and/or licensee operate a sexually oriented business under the authority of permit and/or license at any place other than the address designated in the application.

7:19.11.

Location of sexually oriented businesses. Owing to the seriously objectionable operational characteristics of sexually oriented or adult uses, and the deleterious effect of such uses on existing businesses and/or residential areas around them, the location of such uses shall be limited to the UD and ID districts, and shall be subject to the supplemental siting criteria of this section.

No such use shall be located within one thousand five hundred (1,500) feet (measured in a straight line) of:

1.

A residential use.

2.

A church or religious institution.

3.

Public or private schools and educational facilities.

4.

Public parks and recreational facilities.

5.

Any other sexually oriented businesses.

Such use shall have direct access off collector or arterial streets only.

For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of church or public or private elementary or secondary school, or to the nearest portion of a residential lot, or the nearest exterior wall of another sexually oriented business.

Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of this subsection shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand five hundred (1,500) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.

7:19.12.

Additional regulations for adult motels. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined by this chapter.

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented permit and/or license, rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, rents or subrents the same sleeping room again.

7:19.13.

Regulations pertaining to exhibition of sexually explicit films or videos. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specific sexual activities or specified anatomical areas, shall comply with the following requirements:

1.

Upon application for a sexually oriented permit and/or license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all of the interior of the premises to an accuracy of plus or minus six (6) inches. The county zoning administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2.

The application shall be sworn to be true and correct by the applicant.

3.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the zoning administrator or his designee.

4.

It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

5.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

6.

It shall be the duty of the owners and operator, and it shall be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection 7:19.13.1 of this section.

7.

No viewing room may be occupied by more than one (1) person at any time.

8.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.

9.

It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

7:19.14.

Exemptions. Exempt from these requirements is any person appearing in a state of nudity who do so in modeling class operated:

1.

By a proprietary school, licensed by the State of South Carolina; a college, junior college, or university supported entirely or partly by taxation;

2.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3.

In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than one (1) nude model is on the premises at any one (1) time.

7:20.1.

Purpose. Body piercing establishments and tattoo parlors can be considered similar to adult establishments. The purpose of this section is to ensure compatibility with other nearby uses and to promote the health, safety, morals, and general welfare of the citizens of the county.

7:20.2.

Requirements. This use shall meet the following requirements:

All body piercing establishments or tattoo parlors shall be located no closer than 1,500 feet, measured in a straight line, from the following uses:

Adult Day Care;

Child Day Care;

Educational Institution (public or private);

Public Facility (library, park, playground, recreational facility, etc.);

Religious Institution;

RS or RM zoning district;

Drinking establishment;

Another body piercing, body branding, or tattoo parlor.

7:20.3.

Exclusion of home occupation. Body piercing establishments or tattoo parlors are not allowed as a home occupation.

7:20.4.

Required permits. Body piercing or body branding establishments or tattoo parlors shall require any permits required by SCDHEC, and any other federal, state or local governmental department or agency which has rules and regulations governing these types of uses.

Owing to the environmental consequences and potential impact of automotive wrecking, salvage, open yard storage of used appliances and junkyards, such uses shall not be permitted in the UD District; but may be located in the ID District under the following conditions:

1.

Such uses shall be located no closer than five hundred (500) feet to any residential use, church, school, historical place or public park.

2.

No material because it is discarded and incapable of being reused in some form shall be placed in open storage.

3.

No material shall be placed in open storage in such a manner that it is capable of being transferred out by wind, water, or other causes.

4.

All paper, rags, cloth and other fibers, and activities involving the same other than loading and unloading shall be within fully enclosed buildings.

5.

All materials and activities not within fully enclosed buildings shall be enclosed by appropriate screening on all sides visible from the road or street serving the facility and an opaque cyclone fence on the remaining unexposed boundaries.

6.

No such use shall front on or be visible from a major thoroughfare as designated on the official major thoroughfares map.

7.

Any salvage or junkyard existing on the effective date of this chapter shall have twelve (12) months within which to comply fully with subsections (2) though (5) above. Failure to do so will constitute a violation punishable as prescribed by this chapter.

(Ord. No. 2023-17, 9-25-2023)

Editor's note— Ord. No. 2023-17 deleted former § 7:21 entitled "Large scale projects," and renumbered existing §§ 7:22—7:25 as §§ 7:21—7:24, and further amended the Code by deleting § 7:26 entitled "Rural Cross Roads Businesses."

In keeping with the goals of the state's Solid Waste Policy and Management Act of 1991: to reduce the amount of solid waste being received at public landfills and incinerators and to promote recycling of waste resources; and to promote land use compatibility in the process, the above referenced facilities, where proposed for the county, shall meet the following siting and location criteria:

1.

No such use, required to be located in the ID District, shall be located closer than one thousand (1,000) feet to any RS or RM District, church, school, historical place or public park or within four hundred (400) feet of an existing residential use not in an RS or RM District.

2.

No material shall be placed in open storage or areas in such a manner that it is capable of being transferred out by wind, water or other causes.

3.

All materials and activities shall be screened in such fashion as not to be visible from off-site. Screening may be accomplished by any combination of fences, walls, berms or landscaping in order to be fully screened from view. Where plants are to be used, they shall be evergreens of sufficient size to accomplish buffering and screening at the time of installation.

4.

Any resource recovery facility engaged in the production, processing, or disposal of materials defined as "hazardous waste", as defined by S.C. Code 1976, § 44-56-20, shall only be located in the ID District and shall be subject to the same locational restrictions of Section 7:22 above.

(Ord. No. 2022-17, 7-25-2022; Ord. No. 2023-17, 9-25-2023)

Due to consideration for the public health and safety and potential pollution of the environment, any such uses proposed for Calhoun County shall comply with the following supplemental development standards:

1.

All such uses shall be licensed to operate in the county by the South Carolina Department of Health and Environmental Control.

2.

Such uses may be located up to but no closer than one hundred (100) feet from any property line, except such landfills shall not be located closer than three hundred (300) feet from any dwelling, school building, day care center, religious, recreational or medical facility.

3.

No materials shall be placed in open storage or areas in such a manner that it is capable of being transferred out by wind, water or other causes.

4.

All materials and activities shall be screened in such fashion as not to be visible from off-site. The provisions of this subsection may be waived by the commission where such facility will be utilized for a period not to exceed ninety (90) days.

5.

The site shall be restored and revegetated on completion of use as a landfill.

(Ord. No. 2023-17, 9-25-2023)

Vehicular race and testing tracks are declared by this chapter to be incompatible with residential development. Additionally, such use(s) has the potential of negatively impacting many nonresidential uses. As a result, any such proposed use shall comply with the following development standards:

1.

No such use shall be located within two thousand five hundred (2,500) feet of any residential use (measured in a straight line).

2.

Dirt tracks shall be located no closer than one (1) mile from any residential use.

3.

Buffer yards specified between heavy industrial and residential uses in the RS District shall be provided along all property lines.

4.

Proposed facilities shall have direct access off collector or arterial streets only.

(Ord. No. 2023-17, 9-25-2023)