The requirements of this subchapter shall apply to all conditional uses listed in § 157.029(D)-Table of Permitted Uses, as applicable. An application for a conditional use shall be submitted to the Zoning Administrator who shall approve the use if all the conditions and requirements herein are satisfied.

(Ord. 15-002, passed 2-24-15)

   Manufactured housing is allowed only in manufactured home parks.

   (A)   Setup. Manufactured housing, where permitted by this Zoning Ordinance, shall:

      (2)   Be under skirted around the entire home with brick, masonry, vinyl, or similar materials designed and manufactured for permanent outdoor installation.

      (3)   Have permanent landing steps at each exterior doorway installed or constructed and attached firmly to the home and anchored securely to the ground, in accordance with applicable Building Codes.

      (4)   Have all moving or towing apparatus removed or concealed including hitch, wheels and axles.

      (5)   Be provided with a sanitary sewer system approved by SCDHEC. Evidence of such approval shall accompany each and every permit request to install a manufactured home.

      (6)   Be served by a separate electric meter.

         (a)   It shall be unlawful for any such home to receive electricity except by use of a separate meter.

         (b)   It shall be unlawful for any public utility or electrical supplier to connect service to any manufactured home in the absence of an approved permit issued by the Zoning Administrator to establish said home.

         (c)   It shall be the duty and responsibility of each supplier of electricity to render a monthly report to the Zoning Administrator as to connections and disconnections made to manufactured homes.

         (d)   The Zoning Administrator may, at his or her discretion, issue a temporary permit to secure electrical service for a valid reason such as the construction of a power pole to aid in the installation of the unit. A temporary permit shall be valid for 15 days unless otherwise specified on the permit. This provision shall not be construed to exempt the applicant from the requirement for a regular permit within the 15 day period. If a permit is not obtained as required, the Zoning Administrator may direct that the electricity be disconnected. Any additional fee to reconnect would be the responsibility of the owner or applicant.

   (B)   Utilities. No manufactured home shall be permitted, used or occupied, nor shall public utilities be extended to or activated in any such home until the utility and electric connection to the home has been inspected and found to be in accordance with all applicable codes by the Building Official.

(Ord. 15-002, passed 2-24-15)

   Mobile homes, as defined by this chapter, shall not be permitted, established or reestablished within the jurisdiction of this chapter. Where in existence at the time of adoption of this chapter on April 27, 1999, the date of the initial adoption of this Zoning Ordinance, such uses may be continued in accordance with the provisions of § 157.193-Nonconformities; provided such uses are maintained in habitable condition, as defined by and subject to the conditions of § 157.039(B).

(Ord. 15-002, passed 2-24-15)

   The establishment and operation of a manufactured home park shall comply with the following design and development standards:

   (A)   The park site shall be not less than ten acres, and shall not have less than 200 feet frontage on a publicly dedicated and maintained street.

   (B)   The park shall be served by public water and sewer systems, a system of storm drainage, and refuse disposal facilities, plans of which shall be approved by local SCDHEC officials.

   (C)   All dwelling spaces shall abut upon an asphalt or concrete driveway of not less than 18 feet in width which shall have unobstructed access to a public street.

   (D)   A description of the procedures of any proposed home owners association or other group maintenance agreement must be submitted to and approved by the Planning Commission.

   (E)   All on-site roadway intersections shall be provided with a street light and interior lights shall be provided at not less than 400-foot intervals.

   (F)   Lots in manufactured home parks shall be sized and arranged so that:

      (1)   There will be at least 35 feet of space between manufactured homes;

      (2)   All structures, including manufactured homes, are at least 25 feet from the right-of-way of any street or drive providing common circulation; and

      (3)   All structures, including manufactured homes, are at least ten feet from rear lot line.

   (G)   Not less than 10% of the park site shall be set aside and developed for common open space and recreation usage.

   (H)   Space numbers: permanent space numbers shall be provided on each manufactured home space and shall be located so as to be visible from the street or driveway. Signs identifying space locations shall be provided at each street or driveway intersection. Address numbers as required for E911 service shall be used to denote space numbers.

   (I)   No manufactured home space shall have direct access to a public street, but shall instead access an internal driveway system.

   (J)   The maximum number of mobile or manufactured home spaces shall not exceed six per acre, not including roads and other required infrastructure and required open space.

   (K)   Two parking spaces shall be provided for each designated manufactured home space. Parking may be provided at the designated space or in community parking areas.

   (L)   Buffers and landscaping shall be provided on the perimeter of the park or court in accord with the requirements of § 157.137-Landscaping and § 157.138-Buffers.

   (M)   Business license required.

      (1)   A business license must be acquired prior to the opening or operation of a manufactured home park and shall be subject to annual renewal.

      (2)   The business license for any manufactured home park may be revoked by the City Council for a violation of this chapter or other applicable ordinances and regulations governing the operation of such uses.

   (N)   The site plan for any proposed manufactured home park must be approved by the Planning Commission per the applicable requirements of Chapter 156-Land Development Regulations.

(Ord. 15-002, passed 2-24-15)

   Due to the unique design features of townhouses, the dimensional requirements of this Zoning Ordinance contained in §§ 157.076 through 157.084-Area, Density, Dimensional and Height Requirements are hereby waived and the following design requirements imposed for all such projects:

   (A)   Not more than eight nor fewer than three townhouses may be joined together, with approximately the same (but staggered) front line. The minimum distance between buildings in the project area shall be 20 feet.

   (B)   Buildings must be set back 20 feet from adjacent side and rear property lines that do not abut a street, and must meet buffer and landscaping requirements provided in § 157.137-Landscaping and § 157.138-Buffers.

   (C)   Minimum lot width/building width shall be 18 feet.

   (D)   Sidewalks not less than five feet in width shall be provided along the front property line of each project or building.

   (E)   Maximum height of buildings shall not exceed 35 feet.

   (F)   Streets, water, sewer, etc. shall conform to the design and construction standards required by Chapter 156-Land Development Regulations.

   (G)   Rear yards shall be enclosed by a six-foot wall or fence, unless used for parking, and may include one accessory building no greater than 500 square feet in gross floor area (GFA).

   (H)   Maximum density for townhouses is ten units per acre.

   (I)   The site plan for any proposed townhouse development must be approved by the Planning Commission per the applicable requirements of Chapter 156-Land Development Regulations.

(Ord. 15-002, passed 2-24-15)

   Due to the unique design features of patio and zero lot line housing, the dimensional requirements of §§ 157.076 through 157.084-Area, Density, Dimensional and Height Requirements are hereby waived and the following requirements imposed on such projects:

   (A)   Such projects shall have a minimum of 2.0 acres, with a maximum density of eight units per acre.

   (B)   Minimum lot area shall be 3,000 square feet per unit.

   (C)   Minimum lot width shall be 40 feet.

   (D)   Maximum height of buildings shall not exceed 35 feet.

   (E)   Where a unit is to be constructed at or on the property line, a five-foot maintenance easement shall be provided on the adjoining lot.

   (F)   At least one side yard extending not less than five feet from the property line shall be provided. Though not required, where a second side yard is provided it shall have a minimum width of five feet.

   (G)   The side yard of the exterior units shall be five feet from the "outside" property line. A 20 foot setback shall be required along the perimeter of all property lines with trees and shrubs planted as required by §§ 157.136 through 157.141-Landscaping, Buffers, Open Space and Tree Conservation.

   (H)   Buildings must be set back 35 feet from property lines which are adjacent to streets.

   (I)   Streets, water, sewer, etc. shall conform to the design and construction standards required by Chapter 156-Land Development Regulations.

   (J)   The site plan for any proposed patio home or zero lot line development must be approved by the Planning Commission per the applicable requirements of Chapter 156-Land Development Regulations.

(Ord. 15-002, passed 2-24-15)

   Bed and breakfast homes are intended to provide a unique lodging experience in predominantly residential environs. As a result, care should be taken to protect the environment that contributes to the experience of such lodging while promoting their use. The use of year-round dwellings for overnight accommodations is permitted under the following conditions:

   (A)   The primary purpose of the dwelling is for use as a personal residence currently occupied by the owner as his or her home.

   (B)   No more than seven guestrooms may be rented for overnight use. Accessory buildings may be used as guestrooms provided each accessory building is limited to one guestroom and each such guestroom in accessory buildings is included within the seven total guestrooms permitted for the property.

   (C)   Off-street parking requirements shall be provided in § 157.123-Parking Requirements. Parking areas must not be located within the front, side or rear setback areas. If surfaced, parking areas must be surfaced with a pervious material. On-street parking for a bed and breakfast home is prohibited.

   (D)   No regularly scheduled meals may be served other than breakfast. An afternoon social or tea service may also be served to guests if included in the room rate.

   (E)   The bed and breakfast home shall not be used for any party, gathering, meeting, reception or other similar event for a fee or consideration of any kind.

   (F)   No on-site advertising shall be permitted other than one sign stating the name of the bed and breakfast home. The sign must not be larger than four square feet in area, and must be placed flush-mounted on the building or a fence.

   (G)   Retail sales shall be limited to postcards, shirts and other small items directly associated with the use for purchase by registered guests only.

   (H)   An application for a bed and breakfast inn must be filed with the Zoning Administrator.

   (I)   The residence cannot be occupied as a bed and breakfast home until it has a city business license, passed an inspection by the Fire Marshal, and received a certificate of occupancy.

   (J)   A notice of the application shall be mailed to all contiguous property owners. The existence of a road or right-of-way will not be considered to determine contiguity.

(Ord. 15-002, passed 2-24-15)

   (A)   Accessory apartments, where permitted as conditional uses, shall meet the following conditions:

      (1)   The principal structure (dwelling) must be occupied by the owner or a member of his family as defined by this Zoning Ordinance.

      (2)   The apartment, whether attached or detached, cannot exceed 50% of the gross floor area of the principal dwelling.

      (3)   The apartment must be a complete living space, with kitchen and bathroom facilities separated from the principal unit.

      (4)   An accessory apartment may be accessory only to a site built, single-family dwelling.

      (5)   The apartment shall meet all yard setback requirements. When detached from the principal dwelling, it shall be setback not less than 20 feet from the principal dwelling and shall require a 25 foot side set back.

      (6)   Evidence of the accessory apartment should not be apparent from the street.

      (7)   Two additional off-street parking spaces shall be required for accessory apartments.

      (8)   Neither the primary residence nor the accessory apartment shall be a manufactured home.

      (9)   A tiny house, as defined by this Zoning Ordinance, may be used as an accessory apartment.

   (B)   For all districts except RE, accessory apartments shall meet all conditions provided for in division (A) of this section as well as the following conditions:

      (1)   The apartment cannot contain more than two bedrooms.

      (2)   No more than one apartment shall be allowed per dwelling.

      (3)   Minimum lot size shall be a least 100% greater in area than the minimum lot requirements for the district in which the apartment is to be located.

   (C)   For the RE District a guest cottage/apartment shall meet all conditions provided for in § 157.045(A) as well as the following conditions:

      (1)   The accessory apartment/cottage cannot contain more than four bedrooms.

      (2)   Minimum lot size for the property shall be 66,000 square feet lot for principal residence and one guest cottage/apartment, with 33,000 square feet required for each additional guest cottage/apartment.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2021-025, passed 12-14-21)

   (A)   To ensure that all manufacturing uses (NAICS 311-339) and waste treatment, disposal and remediation systems (NAICS 5621, 5622 and 5529) produce no injurious or obnoxious conditions related to the operation of such uses sufficient to create a nuisance beyond the premises, such uses must comply with the requirements set forth in §§ 157.148 through 157.152-Performance Standards.

   (B)   Waste collection, treatment, disposal and remediation systems, including landfills, must be in compliance with SCOHEC requirements.

   (C)   The Zoning Administrator may require that an engineer certify that the proposed project will not violate these restrictions and the requirements set forth in §§ 157.148 through 157.152-Performance Standards.

(Ord. 15-002, passed 2-24-15)

   Due to the need to better integrate mini-warehouses into the urban fabric of the community, the following standards shall be observed:

   (A)   Mini-warehousing sites shall not exceed two acres.

   (B)   Lot coverage of all structures shall be limited to 50% of the total area.

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

   (D)   No business activities other than rental of storage units shall be conducted within or from the units.

   (E)   The storage space or gross floor area of any single unit shall not exceed 300 square feet.

   (F)   Outdoor storage shall be limited to licensed boats on trailers and licensed recreational vehicles. If such storage is to be provided, adequate parking must be provided to accommodate such vehicles.

(Ord. 15-002, passed 2-24-15)

   (A)   Free standing towers will be prohibited in the CBD, RE, R-15, R-10, and R-6 Districts or within 1,000 feet of Broad Street or Dekalb Street. However, antennas may be installed on existing towers, buildings, etc. in these areas.

   (B)   Communication towers and antennas shall adhere to the following regulations.

      (1)   All new towers shall be designed to accommodate additional antennas equal in number to the applicant's present and future requirements or anticipated co-location requirements.

      (2)   All applicable safety code requirements shall be met.

      (3)   The tower or antenna shall not be painted or illuminated unless otherwise required by state or federal regulations. Warning lights on the tower shall be red when illuminated.

      (4)   No tower or antenna shall be located within 1,000 feet of an existing tower antenna, except where the applicant certifies that the existing tower does not meet the applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.

      (5)   Communication towers and antennas and water tanks shall be separated from any adjoining property line of a single-family residential zoning district or existing single-family use by a distance equal to one foot for each one foot in height, measured from the nearest residential property line. Maximum height for a communications tower or antenna shall be 300 feet in the CMU Zoning District and 200 feet in the other zoning districts that allow such uses.

      (6)   Landscaping. A vegetative screen expected to reach a minimum of eight feet in height at maturity shall be planted around the perimeter of the area occupied by the tower, security fencing, and auxiliary uses such as parking. Such screen shall be planted so as to be largely opaque. In addition, existing onsite trees and other vegetation shall be preserved to the extent practicable to maintain the entire site of the tower (including any anchoring devices) in its pre-construction appearance. Such landscaping shall meet the requirements of § 157.137 -Landscaping Standards.

      (7)   Security fencing. There shall be a minimum eight foot high fence installed and maintained by the owner of the telecommunications tower around the perimeter of the tower compound, except that security fencing shall not be required for accessory communication facilities

      (8)   Permit applications for the erection or placement of a tower or antenna shall be accompanied by the following:

         (a)   Processing fee as provided in the city's adopted fee schedule.

         (b)   One copy of typical specifications for proposed structures and antenna including description of design characteristics and material.

         (c)   A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs, elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property; however a site plan is not required if antenna is to be co-located on an approved existing structure.

         (d)   A current map or update of an existing map on file, showing locations of applicant's antenna, facilities, existing towers, and proposed towers which are reflected in public records, serving any property.

         (e)   A report from a structural engineer registered in South Carolina showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards.

         (f)   Identification of the owners of all antennae and equipment to be located on the site.

         (g)   Written authorization from the site owner for the application.

         (h)   Evidence that a valid FCC license for the proposed activity has been issued.

         (i)   A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.

         (j)   A written agreement to provide notification of abandonment within 30 days after cessation of use and to remove the tower and/or antenna within 180 days after cessation of use.

         (k)   Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file annually a written indemnification of the city and proof of liability insurance or financial ability to respond to claims up to $1,000,000 in the aggregate which may arise from operation of the facility during its life, at no cost to the city, in form approved by the City Attorney.

         (l)   Applicant will supply additional information to determine if other zoning requirements are satisfied.

(Ord. 15-002, passed 2-24-15)

   The location of these uses shall be regulated by the following:

   (A)   No property line of a lot containing such use shall be located closer than 500 feet, measured in a straight line, of the closest point of the property line(s) of any residential use, church, school, historical place or public park.

   (B)   No scrap, waste or recyclable material or used motor vehicle parts shall be placed in open storage or otherwise stored in any manner where any such material is capable of being transferred out by wind, water or other natural causes.

   (C)   All paper, rags, cloth and other fibers, and activities involving these items, other than loading and unloading, shall be within fully enclosed buildings.

   (D)   All materials and activities not within fully enclosed buildings shall be enclosed by an opaque fence or wall or vegetative material, excluding no more than two points of ingress or egress, at least eight feet in height.

(Ord. 15-002, passed 2-24-15)

   (A)   Location.

      (1)   Owing to the negative secondary effects of tattoo parlors as evidenced by studies performed in other locations, and the deleterious effect of such negative secondary effects on existing businesses and/or residential areas around them, the location of such uses where permitted shall be tempered by the supplemental siting criteria of this section.

      (2)   No property line of a lot containing such use shall be located within 1,000 feet, measured in a straight line, from the closest point of the property line(s) of any:

         (a)   A residence or a residential zone;

         (b)   A church or religious institution;

         (c)   Public or private elementary and secondary schools, daycare centers, museums;

         (d)   Public parks and recreational facilities; or

         (e)   U.S. Highways 1, 601 and 521, S.C. Highways 34 and 97, Springdale Drive and Interstate 20 and Ehrenclou Drive.

         (f)   Any other tattoo parlor. In addition, no more than one tattoo parlor shall be allowed in the same building.

   (B)   Expiration of permit. Each zoning permit shall expire at the end of each calendar year and may be renewed only by making application as provided herein.

   (C)   Fees. The annual fee for a zoning permit to operate a tattoo parlor shall be as determined by applicable zoning fees.

   (D)   Inspection.

      (1)   An applicant or permittee shall permit the Zoning Administrator and representatives of the Police, Health and Fire Departments or other governmental departments or agencies involved in code enforcement to inspect the premises of a tattoo parlor for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

      (2)   A person who operates a tattoo parlor, or their agent or employee is in violation of this Zoning Ordinance if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. 15-002, passed 2-24-15)

   (A)   Location.

      (1)   Owing to the negative secondary effects of sexually oriented or adult uses as evidenced by studies performed in other locations, and the deleterious effect of such negative secondary effects on existing businesses and/or residential areas around them, the location of such uses where permitted shall be tempered by the supplemental siting criteria of this section.

      (2)   No property line of a lot containing such use shall be located within 1,000 feet, measured in a straight line, from the closest point of the property line(s) of any:

         (a)   A residence or a residential zone;

         (b)   A church or religious institution;

         (c)   Public or private elementary and secondary schools, daycare centers, museums;

         (d)   Public parks and recreational facilities; or

         (e)   U.S. Highways 1, 601 and 521, S.C. Highways 34 and 97, Springdale Drive and Interstate 20 and Ehrenclou Drive.

         (f)   Any other adult or sexually oriented business. In addition, no more than one sexually oriented business shall be allowed in the same building.

   (B)   Expiration of permit. Each zoning permit shall expire at the end of each calendar year and may be renewed only by making application as provided herein.

   (C)   Fees. The annual fee for a zoning permit to operate a sexually oriented business shall be as determined by applicable zoning fees.

   (D)   Inspection.

      (1)   An applicant or permittee shall permit the Zoning Administrator and representatives of the Police, Health and Fire Departments or other governmental departments or agencies involved in code enforcement to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

      (2)   A person who operates a sexually oriented business, or their agent or employee is in violation of this Zoning Ordinance if he refuses to permit such lawful inspection of the premises at anytime it is occupied or open for business.

   (E)   Suspension. The Zoning Administrator shall suspend a zoning permit for a period not to exceed 30 days if he determines that a permittee or an employee of a permittee has:

      (1)   Violated or is not in compliance with any section of this Zoning 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 section.

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

   (F)   Revocation.

      (1)   The Zoning Administrator shall revoke a zoning permit in the event that the zoning permit of the sexually oriented business has been suspended two times within any 12 month period.

      (2)   The Zoning Administrator shall also revoke a zoning permit if he determines that:

         (a)   A permittee gave false or misleading information in the material submitted to the Building Department during the application process.

         (b)   A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.

         (c)   A permittee or an employee has knowingly allowed prostitution on the premises.

         (d)   A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.

         (e)   A permittee 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 premises.

(Ord. 15-002, passed 2-24-15)

   Camps and recreational vehicles (RV) parks shall comply with the following site and design standards. Such parks are considered temporary occupancy; therefore no recreational vehicle or trailer will be allowed to remain in a park for more than three consecutive months per year.

   (A)   The site shall be at least two acres.

   (B)   The site shall be developed in a manner that preserves natural features and the landscape.

   (C)   The following dimensional requirements shall serve as parameters beyond which development shall not exceed.

      (1)   Maximum impervious surface ratio shall not exceed 15% of the project site.

      (2)   Minimum setbacks for all structures and recreational vehicles shall be:

 

 

      (3)   Maximum density shall not exceed 12 vehicles per acre.

      (4)   Buffers and landscaping shall be as specified by § 157.138-Buffers and § 157.137-Landscaping.

   (D)   Areas designated for parking and loading or for travel ways shall be physically separated from public streets by suitable barriers while enabling adequate motor vehicle ingress and egress. All drives shall be located at least 150 feet from any street intersection and shall be designated in a manner conducive to safe ingress and egress.

   (E)   All streets within RV parks shall be privately owned and maintained.

   (F)   Each park site shall be served by public water and sewer systems approved by SCDHEC.

   (G)   The site plan for any proposed recreational vehicle park must be approved by the Planning Commission per the applicable requirements of Chapter 156-Land Development Regulations.

(Ord. 15-002, passed 2-24-15)

   These uses shall comply with the following standards:

   (A)   The property line of a lot containing such a use shall be separated by at least 300 feet, measured in a straight line, from the closest point of any property line in any residential district, and from the closest point of the property lines of any existing residential use, religious institution use, museums, public park, day care or school, and be separated by at least 3,000 feet, measured in a straight line, from the closest point of the property lines of any other check cashing establishment, title loan lender or deferred presentment lender.

   (B)   The use shall be located within either a multi-tenant commercial structure with a minimum of 30,000 square feet, or totally within (without separate public access) a grocery store or other large retail establishment with a minimum of 30,000 square feet.

(Ord. 15-002, passed 2-24-15)

   (A)   Detached single-family residential dwellings, patio homes and duplexes are permitted within the CBD District at the following locations: the 700 through 900 blocks of Market Street, the 1200 and 1300 blocks of Broad Street, 900 block of Church Street and the 400 and 500 blocks of York Street.

   (B)   Use of the upper floors of commercial buildings in the district may be converted or used for residential purposes provided that the portion of the ground floor of the building which faces the sidewalk or other public right-of-way continues to be used or dedicated for business or commercial use. The ground floor may be used for residential garage or storage space so long as the garage or storage space is located in the rear of the building and does not face Broad or Dekalb Streets. City parking lots may be used to satisfy the off-street parking requirements for such residential uses.

   (C)   Multi-family dwellings conditionally permitted in the EQ District are contingent upon such units being necessary, related to or used in support of equine operations.

   (D)   Townhouses are permitted in the CBD except on Broad Street, Dekalb Street or Rutledge Street and comply with requirements of § 157.042.

   (E)   Multi-family residential buildings with units on the ground floor are permitted in the CBD except on Broad Street, Dekalb Street or Rutledge Street. The site plan for any proposed multi- family development must be approved by the Planning Commission per the applicable requirements of Chapter 156 - Land Development Regulations of this Code of Ordinances.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2020-019, passed 8-11-20)

   Open storage as an accessory use to non-residential uses may be conditionally permitted where indicated by § 157.029(D)-Table of Permitted Uses; provided such storage area does not occupy over 20% of the buildable area, is not located in any required setback area or public right-of-way, and is totally screened from public view by screening or placement on the lot as detailed in § 157.139-Screening.

(Ord. 15-002, passed 2-24-15)

   Commercial horse operations shall adhere to the following guidelines:

   (A)   A buffer area at least 20 feet in width shall be required along the property line to separate and shield residences from parking areas, barns, paddocks, manure stockpile, restrooms, concession stands, truck unloading areas, and other similar uses. The required buffer must be landscaped per the requirements for property buffers as provided in § 157.138(H)-Property Buffers.

   (B)   The lot must be designed and maintained to drain so as to prevent ponding and propagation of insects or pollution of adjacent streams.

   (C)   The lot must be maintained in a sanitary condition through the use of appropriate measures such as lime and pesticides.

   (D)   All grain must be stored in rodent proof containers.

   (E)   Signs announcing an event may be installed on subject property 30 days prior to the event and must be removed one week after the event. Maximum of one sign per road frontage and maximum height of 20 feet and maximum size 40 square feet is allowed.

   (F)   Directional signs related to specific events are permitted pursuant to the standard sign permitting process. No advertising information shall be allowed on a directional sign. Signs must be removed one week after the event.

   (G)   The site plan for any proposed commercial equine development must be approved by the Planning Commission per the applicable requirements of Chapter 156-Land Development Regulations.

(Ord. 15-002, passed 2-24-15)

   (A)   Permit required.

      (1)   The Zoning Administrator is authorized to issue a permit for temporary uses as specified in this Zoning Ordinance. No temporary use may be established without such permit. A temporary use cannot be used as living quarters, except in conjunction with fairs and carnivals as permitted below.

      (2)   Temporary use permits may be renewed no more than twice within one calendar year, provided that said use will not increase traffic congestion or constitute a nuisance to surrounding uses in terms of noise, parking and/or nighttime activity. Any temporary use that is determined to be creating a nuisance or disruption may have its temporary permit revoked by the Zoning Administrator.

   (B)   Type and location. The following temporary uses and no others may be permitted by the Zoning Administrator, subject to the following conditions.

      (1)   Religious meetings in a tent or other temporary structure in the GBD, or CMU District for a period not to exceed 60 continuous days.

      (2)   Open lot sales of Christmas trees in the CBD, GBD, LBD, or CMU District for a period not to exceed 45 days.

      (3)   Contractor's office and equipment shed, in any district, for a period covering construction phase of a project not to exceed one year; provided that such office be placed on the property upon which the related construction is occurring. Such permits may be extended for a period of up to one year upon application by the permittee.

         (a)   Structures for temporary sales shall not exceed 100 square feet in floor area nor be closer than 35 feet to a right-of-way or prescriptive easement of a road.

         (b)   Entrances and exits to roads shall be clearly delineated.

         (c)   Entrances and exits shall be located as to provide safe ingress and egress from roads and shall be channeled to prevent unrestricted access to and from the premises.

         (d)   No more than one sign consistent with the sign provisions of this Zoning Ordinance shall be permitted.

      (5)   Temporary office trailers in any commercial or industrial district where the principal building is being expanded, rebuilt, or remodeled for the conduct of business while the principal building is under construction.

      (6)   Fairs and carnivals located no closer than 500 feet to the closest point of any property line in any residential zoning district and operating no later than 11:00 p.m. Such use may be permitted for a period not to exceed seven consecutive days.

   (C)   Removal. Temporary uses and structures from which temporary uses are operated shall be removed from the site within 30 days after the temporary permit has expired.

   (D)   Off-street parking. Unless specified by § 157.123 -Parking Requirements for a specific use, a minimum of five off-street parking spaces shall be required, and ingress/egress areas shall be clearly marked.

   (E)   Temporary use permit for non-profit fund raising event within a residence in a residential district.

      (1)   An application for such use must be filed at least three months prior to the date of event.

      (2)   The Zoning Administrator must review all applications for such uses.

   Animal production, excluding animal feedlots, and limited to NAICS codes 112111, 11212 and 11213 (beef and dairy cattle); 1124 (sheep and goats); and 1129 (other animal production); and also including 71213 (zoos), shall meet the following requirements:

   (A)   Minimum lot size for such use shall be two contiguous acres.

   (B)   Such use shall not be located within 1,000 feet of any residential district or existing residence, as measured in a straight line from any portion or part of the use, including fences, structures, and equipment storage, to the closest point of the property line(s) of any residential district or existing residential use.

   (C)   Adequate fencing shall be provided to retain livestock on the premises and to protect the required buffer. The required buffer must be landscaped per the requirements for property buffers as provided in § 157.138(H)-Property Buffers.

   (D)   The number of animals kept on the property at any given time per acre shall be in such numbers that they do not present any significant off-site impacts related to noise, odor or storm water runoff.

(Ord. 15-002, passed 2-24-15)

   Home occupations, as defined by this Zoning Ordinance, shall meet the following requirements.

   (A)   The home occupation shall be carried on wholly within the principal building; attached garages may be used only for the storage of parts and materials.

   (B)   The floor area dedicated to such use shall not exceed 25% of the floor area of the principal building.

   (C)   No activity shall be conducted outside, nor shall there be any associated outdoor storage, display, or refuse area in any yard of the property.

   (D)   No signs shall be allowed, except in conformance with the zone district regulations within which the use is located.

   (E)   No merchandise or articles shall be displayed so as to be visible from outside the building.

   (F)   No person not residing in the residence shall be employed in the home occupation.

   (G)   No traffic shall be generated in an amount above that normally expected in a residential neighborhood. Vehicles used by or servicing the home occupation are limited to vehicles normally associated with residential areas.

   (H)   No parking is needed above that accommodated in residential off-street parking.

   (I)   There is no alteration whatsoever of the residential character of the building(s) and/or premises.

   (J)   The occupation, profession, or trade is properly licensed, and generates no noise, glare, heat, vibration, smoke, dust, or odor perceptible to adjacent uses in excess of normal residential use.

   (K)   The occupation shall not involve the retail sale of merchandise manufactured off the premises.

   (L)   The occupation shall not be used for receptions, parties, etc. in which the resident receives a fee or compensation for the use of the facility.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2017-013, passed 10-10-17)

   (A)   Accessory structures and uses to observe required setbacks. Unless specifically provided herein, all accessory structures and uses shall observe all required setbacks, yard and other requirements applicable to the principal building or use for the district within which they are located. No accessory structure or use may be located in any required buffer area. In no case shall miscellaneous articles associated with such use be stored or displayed for sale closer than 35 feet to any property line having street frontage. In no case shall any accessory use or structure be built or placed within a public right-of-way.

   (B)   General requirements.

      (1)   The use of mobile or manufactured homes, shipping containers, or similar structures as accessory buildings shall only be permitted in the CMU, GBD or IND Districts provided they are not visible from the street.

      (2)   The number of accessory buildings shall not exceed three on any lot or parcel in the R-15, R-10, R-6, or R-6S Districts. There is no maximum requirement for the number of accessory buildings in other districts.

      (3)   Accessory structures shall collectively not exceed 50% of the Gross Floor Area (GFA) of the principal structure(s) in the R-15, R-10, R-6, of R-6S Districts, or 35% of the required rear setback area. No maximum area is required for other districts.

      (4)   In all residential districts, corrugated or flat metal or plastic panels and similar materials cannot be used on the exterior walls of an accessory structure which is located in the side yard area. However, corrugated or flat metal or plastic panels and similar materials may be used for the exterior walls of accessory structures if the accessory structure is located in the rear-yard area and is shielded from view by the principal building, fencing, or landscaping so that it cannot be viewed from any street.

      (5)   In the R-15, R-10, and R-6 Districts, open storage of materials (i.e., not under a roof) shall not exceed 50 square feet.

      (6)   Accessory buildings in residential districts shall not be used for storage in connection with a trade, except with an approved home occupation permit.

      (7)   Private and decorative fences are permitted along the property line of any lot or parcel in compliance with the visibility requirements of § 157.191-Visibility at Intersections; Sight Triangle.

   (C)   Location. Unless specifically regulated, accessory structures and uses are permitted within the buildable area on the side or in the rear of the primary building, but not in front of the primary building. Under the following conditions; accessory structures and uses are permitted within required yards and setback areas:

      (1)   Off-street parking and loading space. Off-street parking and loading spaces are permitted in required yard and setback areas, but not in required buffer areas.

      (2)   Accessory structures, carports, garages, and other storage buildings. Detached accessory structures may be built within the required side and rear setbacks provided the structure is located no more than three feet from the rear property line. No accessory structure in a residential district shall be built closer than three feet to any side or rear property lines.

   (D)   Specific requirements and conditions. The following requirements apply to specific accessory uses.

      (1)   Domestic animal shelters and pens in residential areas for housing small animals.

         (a)   Within residential zones, pens and shelters may be constructed in accordance with the following restrictions for the purpose of housing domestic pets and small animals. Commercial training or breeding facilities for small animals are prohibited. Horses, chickens, and dogs are allowed provided they do not exceed the maximum number allowed as stated below.

         (b)   Maximum number of animals.

            1.   Three dogs or small domestic animals per residential lot.

            2.   Ten chickens per residential lot, however no roosters are allowed.

         (c)   Pens may be located in the rear yard only.

         (d)   Required setbacks.

            1.   Ten feet from the side and rear property lines.

            2.   Seventy-five feet from any adjacent residence.

            3.   Thirty-five feet from any guest house, pool, or recreational use.

         (e)   The pen must be constructed to allow for proper and sanitary waste disposal and adequate drainage to prevent ponding and propagation of insects. Application of lime and pesticides to control odor and insects will be required.

         (f)   All food must be stored in rodent and insect proof containers.

      (2)   Stables and paddock fences accessory to residential uses.

         (a)   Paddock fences allowed in rear yard area only, except that on lots of three acres or more, paddock fences may also be located in front and side yards.

         (b)   Paddock fences must be at least five feet from the nearest adjacent property line and at least 50 feet from the nearest portion of any existing residence on an adjacent parcel. Paddock fences may be located on the property line if adjacent to:

            1.   Permanent right-of-way (highway, wet lands).

            2.   Another equestrian use.

         (c)   Stables are allowed in the rear yard only.

         (d)   Each stable must have a fenced paddock area of at least 1,000 square feet.

         (e)   Stables must be at least ten feet from the nearest property line of any adjacent non-residential parcel and at least 100 feet from the nearest property line of any existing adjacent residential use or residentially zoned vacant parcel.

         (f)   Maximum four horses per acre of approved paddock area.

         (g)   The paddock area must be maintained so as to prevent ponding of water and the propagation of insects and to prevent pollution of adjacent streams.

         (h)   The paddock and stable must be maintained in a sanitary condition through the proper use of lime and pesticides.

         (i)   Manure must be removed at least twice weekly so as to prevent propagation of flies and creation of odors.

         (j)   Manure piles shall be located at least 50 feet from any property line.

         (k)   All grain must be stored in rodent proof containers.

      (3)   Portable classrooms. Portable classrooms, as an accessory use to an existing building, in any district for cultural, community, or educational facilities or religious complexes, for an indefinite period provided all setback requirements for the district in which the structures are to be located and applicable buffer and landscaping requirements are met.

      (4)   Fences and walls.

         (a)   General. The following standards shall apply to all fences and walls in all zoning districts unless otherwise noted.

            1.   Fences and walls shall be installed and maintained in compliance with the visibility requirements of § 157.191-Visibility at Intersections; Sight Triangle, and so as not to otherwise interfere with the needs of drivers in parking areas, at entrance and exit locations, and at street intersections.

            2.   Fences and walls shall be constructed such that the "finished" part of the fence or wall is located to and facing the exterior of the property.

            3.   Nothing in this division (D)(4) shall preclude the installation of temporary fences around construction works, erected or maintained pursuant to the Building Code, soil erosion and sedimentation requirements, or tree conservation requirements.

         (b)   Material and design. The following standards shall apply to all fences and walls in all zoning districts, unless otherwise noted.

            1.   Chain link fences shall not be permitted in a front setback area, except in the B2, CMU and IND Districts. This standard shall not apply to tennis courts and ball fields. Wire fences with a minimum grid size of 2 inches by 4 inches are allowed provided they are supported by wooden posts and include landscaping.

            2.   In a commercial district, fences made of chain link or similar material placed in an established yard which abuts a residential or mixed-use district shall provide a semi-opaque vegetative screen on the exterior side of the fence.

            3.   Security walls and fences, including but not limited to barbed wire, razor wire, concertina wire, and similar high security fencing material shall only be permitted in the IND District.

            4.   Electric fencing shall only be permitted where it is accessory to a permitted agricultural or equestrian use.

            5.   Walls and fences used for landscaping or screening shall be constructed of masonry, stone, wood, vinyl or a material similar in composition and appearance as the principal building. Such walls and fences shall be opaque or shall be of a design approved by the Zoning Administrator. See § 157.139-Screening.

            6.   Unfinished concrete block walls (excluding decorative concrete block) shall not be permitted.

            7.   Fences constructed of readily flammable material such as paper, cloth, or canvas, but not including wood, shall be prohibited.

            8.   Fences or walls topped with or containing metal spikes, broken glass, or similar material shall be prohibited.

         (c)   Height. The following height limitations shall apply to all fences and walls unless otherwise required by this subchapter.

            1.   The maximum height of fences and walls shall be four feet above grade when located within a required yard adjacent to a public street and a maximum of eight feet when located within any required side or rear yard not located adjacent to a public street or alley.

            2.   Decorative caps or spires which extend above the highest horizontal member of the fence shall not be included in the measurement of height.

            3.   In the GBD and IND Districts, the maximum height of fences and walls shall be six feet above grade when located within a required yard adjacent to a public street if the fence is setback ten feet from the front property line and the area between the fence and the property line is landscaped per the requirements of § 157.137-Landscaping and § 157.138-Buffers. Fences shall be a maximum of eight feet when located within any required side or rear yard not located adjacent to a public street.

      (5)   Swimming pools. Swimming pools located on any site, including single-family residential sites, shall meet the following requirements.

         (a)   Located in a side or rear yard only.

         (b)   Located a minimum of ten feet from any property line.

   Hunting is allowed on undeveloped tracts of land of at least 100 contiguous acres in size, where permitted as provided in § 157.029(D)-Table of Permitted Uses.

(Ord. 15-002, passed 2-24-15)

   Satellite dish antennas measuring 39.97 inches or less in diameter and other antennas designed to receive broadcast satellite service, video programming services via broadband radio service (wireless cable), or local television broadcast signals, and accessory to a residential use as defined by this chapter and by the Federal Telecommunications Act of 1996, shall meet the following requirements, to the extent that such requirements do not impair the installation, maintenance or use of such device:

   (A)   Such uses may be located on the roof of the structure and in required rear and side yards.

   (B)   No such use may be located closer than five feet to the nearest property line.

   (C)   If located within the buildable area of the lot of the residence, the use shall not extend or be located in front of any principal building.

   (D)   Satellite dishes shall be located to reduce visual impact from surrounding properties at street level and from the public right-of-way.

(Ord. 15-002, passed 2-24-15)