Due to the unique design features of townhouses, the following design and dimensional requirements are hereby imposed for all such projects:

(1)

Lot size. All projects shall meet the following:

a.

A minimum of 0.5 acres, except for those being developed in a planned development district (PD), which require a minimum of two acres per section 30-43 of this chapter.

b.

Minimum lot width per unit shall be 18 feet.

c.

In addition, all units must be established on single lots and so arranged to ensure public access. As such, townhouse units may be initially established on separate parcels or must be designed to accommodate future subdivision of property as determined by the Florence County Planning Department.

(2)

Setbacks. All projects shall meet the following:

a.

Front yard setbacks shall be as required by Table III, in addition to the following parameters:

Not more than eight nor fewer than two townhouses may be joined together with the same or staggered minimum required front yard setback. If a development is proposed with staggered front setback lines, the unit that is established closest to the front property line must meet the minimum required front yard setback for the district in which it is being built as required by Table III.

No building will be allowed to encroach beyond the established minimum required front yard setback nor shall any building encroach more than 50 percent in depth of the adjoining building.

All other applicable lot area and setback requirements of this section must be met for all joined units.

b.

Side yard setbacks at the end unit of a building shall meet the requirements of the zoning district in which the projects to be located, with not less than a distance of 20 feet between buildings in the project area.

c.

Rear yard setbacks for each unit shall be as required by Table III.

(3)

Height. Maximum height of buildings shall not exceed 38 feet.

(4)

Sidewalks. Sidewalks not less than three feet in width shall be provided along the front property line of each project building.

(5)

Fences and accessory buildings. 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 GFA (gross floor area).

(Ord. No. 33-2006/07, § 3.1, 6-7-07; Ord. No. 06-2009/10, § 1, 10-15-09)

Due to the unique design features of patio and zero lot line housing, the dimensional requirements of Table III are hereby waived and the following requirements imposed on all such projects:

(1)

Such projects shall have a minimum of 1.5 acres.

(2)

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

(3)

Minimum lot width shall be 40 feet.

(4)

Maximum height of buildings shall not exceed 35 feet.

(5)

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

(6)

At least one side yard extending not less than five feet from the property line shall be provided. Where a second side yard is provided, though not required, it too shall have a minimum width of five feet.

(7)

The side yard of the exterior units shall be five feet from the "outside" property line.

(8)

Rear yard setbacks shall be not less than ten feet.

(9)

Front yard setbacks shall be as prescribed by Table III.

(Ord. No. 33-2006/07, § 3.2, 6-7-07)

Bed and breakfast inns are intended to provide a unique transit lodging experience in predominantly residential environs. As a result, care should be taken to protect the environs that contribute to the experience of such lodging while promoting their use. Toward this end, bed and breakfast inns, where permitted by this chapter, shall:

(1)

Be occupied by the resident/owner.

(2)

Only be permitted in older residential structures that are recognized by the Florence County Historical Commission as architecturally, historically or culturally significant.

(3)

Serve no regularly scheduled meal other than breakfast.

(4)

Maintain the interior architectural integrity and arrangement of the structure and shall not increase the number of guest rooms above the number of bedrooms in the original structure.

(5)

Maintain the exterior architectural integrity of the structure and grounds and make changes only if compatible with the character of the surrounding area.

(6)

Provide off-street parking on the basis of one space per guest room, plus two spaces for the resident innkeeper; further provided that sufficient off-street parking space shall be available on site to accommodate private gatherings, where proposed by the applicant.

(7)

Be permitted one non-illuminated identification sign, not to exceed four square feet in area.

(Ord. No. 33-2006/07, § 3.3, 6-7-07)

(a)

Setup. Manufactured housing, where permitted by this chapter, shall prior to the issuance of a certificate of occupancy:

(1)

Be installed in accord with the manufacturer's installation manual. In the absence of such a manual, the home must be installed in accord with the requirements of Section 19-425.39 of the South Carolina Manufactured Housing Board Regulations.

(2)

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

(3)

Have installed or constructed and attached firmly to the home and anchored securely to the ground, permanent landing steps at each exterior doorway, in accord 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 DHEC. Evidence of such approval shall accompany each and every permit request for new placements and installations of a manufactured home; a new or previously occupied home to a new physical location, either in the same parcel or another parcel, for permanent set-up where a home has previously situated.

(6)

Be served by a separate electric meter. It shall be unlawful for any such home to receive electricity except by use of this separate meter. Any existing home not in compliance with this section upon the effective date of this chapter shall be served by a separate meter within 180 days of the effective date, or be declared by the zoning administrator to be in violation of this chapter, and processed accordingly as provided for in section 30-274.

It shall be unlawful for any public utility or electrical supplier to connect power to any manufactured home in the absence of all approved permits.

(b)

Installation. In order for a permit to be issued to install a manufactured home in Florence County, a photocopy of the current license of installer, transporter, or contractor, issued by the South Carolina Manufactured Housing Board, must be submitted with the application for the permit. If a retail dealer is installing the home, a current photocopy of the retail dealer's license, issued by the South Carolina Manufactured Housing Board, must be submitted with the application for the permit. The installer, transporter, contractor, or dealer may submit an electronic copy of the license, in an acceptable format such as JPEG or PDF, by email in place of a photocopy.

(Ord. No. 33-2006/07, § 3.4, 6-7-07)

Mobile homes constructed before June 15, 1976 shall be permitted, established, or reestablished within the jurisdiction of this ordinance only when the following requirements are met:

(1)

The mobile home must be currently set up and registered with the tax assessor's office or have any taxes from the previous year and the current year paid and must also pay any permits currently due prior to approval of requests to relocate, or if no relocation is required, before a power permit is issued.

(2)

The mobile home must be habitable pursuant to all applicable federal, state, and local law pursuant to Chapter 79 Section 43 of the South Carolina Code of Regulations; a county building inspector will do a basic review of the home for compliance with above standard.

(3)

An applicant must provide acceptable proof to the planning department that the mobile home has been continuously located within Florence County for the past five years based on the tax assessor records or other official records. Based upon accepted, documented hardship, the planning director may allow this time to be reduced to two years.

(4)

The mobile home must meet all applicable federal, state and local zoning and safety standards.

(5)

In order for a permit to be issued to install a mobile home in Florence County, installation shall be in accordance with section 30-94, Manufactured Homes of the Florence County Zoning Ordinance.

(Ord. No. 33-2006/07, § 3.5, 6-7-07; Ord. No. 06-2009/10, § 2, 10-15-09)

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

(1)

The park site shall be not less than three acres, and have not less than 200 feet frontage on a publicly maintained public road.

(2)

The park shall be served by public water and sewer systems or other systems approved by DHEC, a system of storm drainage, and refuse disposal facilities, plans of which shall be approved by local DHEC officials.

(3)

All dwelling spaces shall abut upon an interior all weather roadway of crushed stone, asphalt, cochina, concrete slag or other all weather material of not less than 20 feet in width which shall have unobstructed access to a public street.

(4)

All on-site roadway intersections shall be provided with a street light.

(5)

Each individual home site shall be at least 25 feet from any other site and at least 25 feet from the right-of-way of any street or drive providing common circulation.

(6)

All homes shall be installed in accord with the installation requirements of Section 19-425.39 of the South Carolina Manufactured Housing Board Regulations.

(7)

Not less than ten percent of the park site shall be set aside and developed for common open space and recreation usage.

(8)

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.

(9)

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

(10)

The maximum number of manufactured home spaces shall not exceed eight per acre.

(11)

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.

(12)

Existing trees and other natural site features shall be preserved to the extent feasible.

(13)

Bufferyards shall be provided on the perimeter of the park or court in accord with the requirements of article IV, division 1.

(14)

License required, revocation: A license shall be requisite to the opening or operation of a manufactured home park and shall be subject to annual renewal.

Said license may be revoked by the zoning administrator for a violation of this chapter or other applicable ordinances and regulations governing the operation of such uses.

(15)

Site plan required: A site plan showing the above required data, and in all other respects meeting the minimum requirements for a building permit shall accompany all applications to establish a manufactured home park.

(Ord. No. 33-2006/07, § 3.6, 6-7-07)

Accessory apartments, shall not be permitted as conditional uses in any of the residential zoning districts in the City of Florence. Accessory apartments, where permitted elsewhere as conditional uses, shall meet the following conditions:

(1)

The principal structure (dwelling) must be owner occupied.

(2)

The apartment, whether attached or detached, cannot exceed 50 percent of the gross floor area of the principal dwelling, or contain more than two bedrooms.

(3)

The apartment must be a complete living space, with kitchen and bathroom facilities separated from the principal unit, utilizing the same gas, electrical, and water meters as the principal dwelling.

(4)

An accessory apartment may be only to a single family dwelling, and not more than one apartment shall be allowed per dwelling or lot.

(5)

Within the R-1 and R-2 zoning districts, an existing, detached accessory building may be utilized as an accessory apartment for an immediate family member as defined in this chapter who is in need of assisted living for a limited period of time. This requirement shall be fulfilled by the applicant in the form of a written affidavit for submittal to the board of zoning appeals for review of Zoning Ordinances and regulations. The building must meet all other development standards as required by this section and all applicable building codes.

(6)

Within the R-3 district, the minimum lot size shall be at least 10,000 square feet.

(7)

The apartment shall meet all yard setback requirements and, where detached from the principal dwelling, shall be setback no less than 20 feet from the principal dwelling.

(8)

A third off-street parking space shall be required.

(9)

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

(Ord. No. 33-2006/07, §3.7, 6-7-07)

Home occupations, as defined by this chapter, shall meet the following requirements, where conditionally permitted by Tables I and II.

(1)

The home occupation shall be carried on wholly within the principal building.

(2)

The floor area dedicated to such use shall not exceed 25 percent of the floor area of the principal building, up to 400 square feet.

(3)

No activity shall be conducted outside, nor, shall there be any outdoor storage, display, or refuse area in the yard.

(4)

No signs shall be allowed.

(5)

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

(6)

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

(7)

No traffic shall be generated in an amount above that normally expected in a residential neighborhood.

(8)

No parking is needed above that required by the principal residential use.

(9)

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

(10)

The occupation, profession, or trade is properly licensed, and generates no noise, glare, heat, vibration, smoke, dust, or odor perceptible to adjacent uses.

(11)

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

(Ord. No. 33-2006/07, § 2.8-7, 6-7-07)

(a)

Permit required. The zoning administrator is authorized to issue a permit for temporary uses as specified in this ordinance. No temporary use may be established without receiving such permit.

Temporary use permits may be renewed no more than twice within one calendar year, provided that said use will not create traffic congestion or constitute a nuisance to surrounding uses. 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 conditions herein.

(1)

Religious meetings in a tent or other temporary structure in the B-3, RU-1, RU-2, and CMU districts for a period not to exceed 60 days.

(2)

Open lot sales of Christmas trees in the R-5, B-1, B-2, B-3, B-4, RU-1, RU-2, and CMU districts for a period not to exceed 60 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 unless repermitted; provided that such office be placed on the property to which it is appurtenant.

(4)

Temporary "sale" stands in the B-2, B-3, RU-1, RU-2, and CMU districts for a period not to exceed 90 days.

(5)

Portable classrooms in any district for cultural or community facilities, educational facilities, or religious complexes, for an indefinite period provided all required setbacks for the district in which the structures are to be located shall be met and the portable structure shall be located on the same site as the principal structure.

(6)

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.

(7)

Mobile and manufactured homes, as defined, for a period not to exceed 60 days if the following additional requirements can be met:

a.

The home is being placed on a lot where residential designed manufactured homes, as defined, are conditionally permitted by section 30-28 Table I and/or section 30-29 Table II or in an unzoned area;

b.

The home is being relocated for temporary holding, repairs, and/or demolition;

c.

The home is not set up; occupied, or used for storage during the temporary placement;

d.

Only two temporary use permits per lot shall be used in addition to any permanently installed and permitted dwellings.

An application for renewal of the temporary permit can be submitted to the zoning administrator for an additional 60 days not to exceed 120 days total.

(c)

Removal. Temporary uses and structures from which temporary uses are operated shall be removed from the site after the temporary permit has expired.

(d)

Off-street parking. Unless specified by Tables I or II for a specific use, a minimum of five off-street parking spaces shall be required, and ingress/egress areas shall be clearly marked.

(Ord. No. 33-2006/07, §§ 3.9, 3.9-2, 6-7-07; Ord. No. 85-2024/25, § 1, 8-21-25)

(Ord. No. 33-2006/07, § 3.10, 6-7-07)

Where conditionally permitted as a principal use by Table I, communication towers and antennas shall appear before the building of zoning appeals at a public hearing for review and if approved, shall adhere to the following regulations as set forth for the same uses as allowed by Table II.

Where conditionally permitted as a principal use by Table II, 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.

(2)

All applicable safety code requirements shall be met.

(3)

Towers or antennas shall not be painted or illuminated unless otherwise required by state or federal regulations.

(4)

No tower or antenna shall be located within 1,000 feet of an existing tower or 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)

Towers or antennas shall be exempt from the maximum height requirements of this chapter, except as provided in section 30-242.

(6)

Permit requirements for the erection or placement of a tower or antenna shall be accompanied by the following:

a.

One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material.

b.

A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property; [site plan not required if antenna is to be mounted on an approved existing structure].

c.

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.

d.

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

e.

Written authorization from the site owner for the application.

f.

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

g.

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

h.

A written agreement to remove the tower and/or antenna within 180 days after cessation of use.

i.

A certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, together with written indemnification of the affected government and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the affected government.

(Ord. No. 33-2006/07, § 3.11, 6-7-07; Ord. No. 17-2011/12, § 3, 1-19-12)

The location of these uses, where permitted by Table II, shall be regulated by the following:

(1)

No such use shall be located closer than 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 an opaque fence or wall or vegetative material, excluding points of ingress or egress, at least eight feet in height.

(Ord. No. 33-2006/07, § 3.12, 6-7-07)

The above business uses are conditionally permitted in the RU-1, rural community district; provided such uses shall not exceed 5,000 square feet gross floor area; liquor stores shall permit no on-premises consumption; and no uncovered open storage or keeping of material not associated with a principal use shall be permitted in public view.

(Ord. No. 33-2006/07, § 3.13, 6-7-07)

Due to environmental concerns and consideration for public health and safety, refuse systems where conditionally permitted as a principal use by Table II shall be limited to the following and shall comply with the supplemental development standards of this section.

Sanitary Landfills
Inert Landfills
Recycling Drop-Off Stations

(1)

Sanitary landfills.

a.

Sanitary landfills shall be located no closer than 1,000 feet to any existing residential, recreational, religious, educational, medical, or public use (measured in a straight line).

b.

A geotechnical engineering firm approved by the zoning administrator shall render a written opinion that, to the best professional judgment, the formations being used to contain the waste are impermeable and that surrounding ground water sources will not be contaminated.

c.

A drainage and sedimentation plan shall accompany the request, showing all off-site run off.

d.

The facility shall be enclosed by an opaque fence or wall structure illustrated by section 30-144, on all sides visible from the street serving the facility and an opaque cyclone fence on the remaining unexposed boundaries.

e.

A plan showing restoration of the site on completion of use as a landfill shall accompany the request.

(2)

Inert landfill.

a.

An inert landfill may be located up to, but no closer than, 100 feet from any property line, except such landfill shall not be located closer than 300 feet from any dwelling, school building, day care center, religious, recreational, or medical facility.

b.

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.

c.

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 zoning administrator where such facility will be utilized for a period not to exceed 90 days.

d.

The site shall be restored and re-vegetated on completion of use as a landfill.

(3)

Recycling drop-off stations.

a.

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or shall be baled or pelletized.

b.

The site shall be maintained free of litter and any other undesirable materials, shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present.

c.

Space shall be provided on site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of ten customers or the peak load, whichever is higher, except where the zoning administrator determines that allowing overflow traffic is compatible with surrounding business and public safety.

d.

Where a facility is to be located within 500 feet of property in a residential zone, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

e.

No collection containers shall be located closer than 100 feet of any residential property line.

f.

Donation areas shall be kept free of litter and debris. Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

(Ord. No. 33-2006/07, § 3.14, 6-7-07)

(a)

Location. Owing to potentially objectionable operational characteristics of sexually oriented or adult uses, and the deleterious affect of such uses on existing businesses and/or residential areas around them, the location of such uses where conditionally permitted by Table II or where proposed for an unzoned area of Florence County, shall be tempered by the supplemental siting criteria of this section.

No such use shall be located within 1,000 feet (measured in a straight line and documented on a map drawn to scale) of:

(1)

A residence or a residential zone;

(2)

A church or religious institution;

(3)

Public or private schools and educational facilities;

(4)

Public parks and recreational facilities;

(5)

U.S. Highways 378, 76, 301, 52, and S.C. Highways 341, 403, 327, 51, 41, 403, and Interstate 95;

(6)

Another sexually oriented business; or

(7)

Day care facilities.

(b)

License required. It shall be a misdemeanor for a person to operate a sexually oriented business without a valid permit and/or license, issued by the responsible governing authority for the particular type of business.

(1)

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

(2)

The premises must be inspected and found to be in compliance with the law by health, fire and building officials.

(c)

Expiration of license. Each permit and/or license shall expire at the end of each calendar year and may be renewed only by making application as provided herein.

(d)

Fees. The annual application fee for a sexually oriented business is listed on the Florence County Fee Schedule, as approved by county council.

(e)

Inspection.

(1)

An applicant or permittee and/or licensee shall permit the zoning administrator and representatives of the police, health or 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 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.

(f)

Suspension. The zoning administrator shall suspend a permit and/or license for a period not to exceed 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, or

(2)

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

(g)

Revocation.

(1)

The zoning administrator shall revoke a permit and/or license if a cause of suspension occurs and the permit and/or license has been suspended within the preceding 12 months.

(2)

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

a.

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

b.

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

c.

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

d.

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.

e.

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.

f.

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

(Ord. No. 33-2006/07, § 3.15, 6-7-07; Ord. No. 14-2015/16, § 1, 12-10-15)

Camps and recreational vehicles (RV) parks, where permitted by Table II, shall comply with the following site and design standards.

(1)

The site shall be at least two acres.

(2)

The site shall be developed in a manner that preserves natural features and landscape.

(3)

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

a.

Maximum impervious surface ratio shall not exceed 35 percent of the project site.

b.

Minimum setbacks for all structures and recreational vehicles shall be:

c.

Maximum density shall not exceed 12 vehicles per acre.

d.

Bufferyards shall be as specified by article IV, division 1.

(4)

Areas designated for parking and loading or for traffic ways shall be physically separated from public streets by suitable barriers against unchanneled 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.

(5)

All streets within RV parks shall be private and not public.

(6)

Each park site shall be serviced by public water and sewer or other systems approved by DHEC.

(Ord. No. 33-2006/07, § 3.16, 6-7-07)

No coin operated amusement device which provides payouts authorized by S.C. Code 1976, § 17-19-60 shall be located within 300 feet of a public or private elementary, middle or secondary school; a public or private kindergarten; a public playground or park; a public vocational or trade school or technical educational center; a public or private college or university; or house of worship; nor shall such device be operated in a non-permanent structure such as a tent, mobile home, trailer or temporary structure. The provisions of this section shall not apply to any location with machines:

(1)

Licensed before May 30, 1993, or

(2)

Not involving payouts authorized by S.C. Code 1976, § 17-19-60.

(Ord. No. 33-2006/07, § 3.17, 6-7-07)

Open storage as an accessory use may be permitted where indicated by Table II; provided such storage area does not occupy over 20 percent of the buildable area, is not located in any required setback area, and is screened from public view, where practical.

(Ord. No. 33-2006/07, § 3.18, 6-7-07)

Use of commercial buildings in the B-4 district may be converted to residential apartments; provided some of the structure(s) remains for business and/or commercial use; further provided that off-street parking requirements shall not apply to apartment uses, but may be provided in contiguous zone districts, notwithstanding restrictions against off-street parking facilities in such districts.

(Ord. No. 33-2006/07, § 3.19, 6-7-07)

A drinking place (bar), where conditionally permitted by Table II, shall be located not less than 500 feet from another drinking place. (See section 30-250 for additional regulations.)

(Ord. No. 33-2006/07, § 3.20, 6-7-07)

Any new construction or additions for commercial or industrial property in unzoned areas of Florence County must comply with the following development standards unless otherwise stated.

(1)

Definitions.

Commercial or office uses are those uses that provide sales or services to the public with a smaller impact than that of a shopping center. This includes shopping centers with a floor area of 250,000 square feet or less. These would include but are not limited to:

a.

Hotels, motels, and inns.

b.

Multi-family projects.

c.

Eating places and drinking places.

d.

All other organizations.

Industrial uses are those which produce or sell products on a large scale. These would include but are not limited to:

a.

Manufacturing.

b.

Shopping centers or office parks with a floor area of greater than 250,000 square feet.

c.

Flea markets.

d.

Whole trade.

e.

Mining.

Heavy industrial uses are those which have a potential for negative impact on uses close to them. These uses sometimes have severe potential for generation of odor and may involve large amounts of storage. These uses have 200,000 square feet or more of combined floor area or more than 500 employees on any shift.

Light industrial uses are those that are generally not objectionable because of noise, heavy truck traffic or fumes, or generate nuisances. These are uses with less than 200,000 square feet of combined floor area or fewer than 500 employees on a shift.

Institutional uses are those uses that are supportive foundations of a society. These would include but are not limited to:

a.

Churches.

b.

Banks.

c.

Schools.

d.

Hospitals.

e.

Public administration.

f.

Libraries and museums.

Warehousing uses are primarily engaged in storing goods and keeping them secure. There are no sales on the premises.

(2)

Minimum lot dimensions.

a.

Five thousand square feet for commercial and office (following the B-3, general commercial district guidelines set forth in section 30-30, Table III).

b.

Ten thousand square feet for industrial (following the B-5, office and light industrial district; and B-6, industrial district guidelines set forth in section 30-30, Table III).

c.

Ten acres for industrial use.

d.

Ten acres for sanitary landfill, incinerator, and dump sites.

e.

Two acres for transfer stations.

f.

One acre for convenience centers or drop-off centers.

g.

The lot width of the parcel must be in accordance with the Florence County Land Development and Subdivision Ordinance.

h.

The zoning administrator shall be authorized to modify or waive lot dimension requirements if it is determined that:

1.

The parcel is a prerecorded lot and sold for the intention of commercial or industrial use.

2.

All other requirements can be met.

(3)

Off-street parking requirements. The number of off-street parking spaces required are shown on Table II, of the Zoning Ordinance. The following shall be a supplement to those requirements.

a.

Where applications of the requirements of Table II result in a fraction space requirement, the next larger requirement shall apply.

b.

Where a building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

c.

Off-street parking areas provided to comply with the provisions of this chapter shall not be reduced below the requirements of this chapter.

d.

Off-street parking shall have direct access to a street or alley, and shall be designed, developed, and maintained in accordance with the requirements of this article.

e.

Required off-street parking must be provided on the same lot or parcel as the principal use for which it is required.

f.

Parking spaces shall be not less than nine feet by 19 feet, except that a maximum of ten percent of the total number of spaces may be eight and one-half feet by 18 feet. Minimum isle width shall be as follows:

g.

Parking lot construction shall be designed to minimize off-street storm water run off. Parking lots shall be designed so as not to drain into or across public sidewalks or on to adjacent property, except into a natural watercourse or a drainage easement. In developed areas where this condition may be impossible to meet, the zoning administrator may exempt the developer from this requirement, provided that adequate provision is made for drainage.

h.

Off street parking spaces shall be separated from walkways, sidewalks, streets, or alleys, and required yards and buffer areas by a wall fence, curbing, or other protective device approved by the zoning administrator, and illustrated by section 30-123(f).

i.

All off-street parking areas shall be designed so that all movement onto a public street is in a forward motion.

j.

Parking lots containing ten or more spaces shall be marked by painted lines, curbs, or other means to indicate individual spaces.

k.

Adequate lighting shall be provided. Equipment for lighting parking facilities shall be arranged so that light does not interfere with traffic or adjoining residential areas.

l.

Parking spaces for the mobility impaired must comply with section 30-225 of this chapter.

m.

Information formally included here shall be deleted.

n.

Where more than one principal use occupies the same building or premises, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

o.

All off-street loading spaces shall be arranged so that no vehicle being loaded or unloaded in connection with normal operations shall stand in or project into a public street, walk, alley, or private street.

(4)

Bufferyards shall be provided per section 30-121 of this chapter.

_____

(5)

Landscaping requirements.

a.

A perimeter landscaped area of at least five feet in depth shall be provided at the perimeter of all off-street parking, loading, and vehicular use areas.

b.

Within, the interior, peninsula or island type landscaped areas shall be provided for any open vehicular area containing 20 or more parking spaces.

(6)

Certain uses and industrial projects.

a.

Sanitary landfill, incinerator, dump sites, transfer stations and communication towers and antennas.

1.

One thousand five hundred feet from an existing use.

2.

Proposed facilities shall have direct access off a collector or arterial street.

3.

Shall be enclosed on all sides by an opaque cycle fence.

4.

No waste material capable of being blown from the site shall remain uncovered or unsecured at the end of a workday.

5.

When the site is full or no longer in operation, it shall be fully restored and revegetated where applicable.

b.

Convenience centers or drop-off centers.

1.

The active waste handling area of a solid waste processing facility shall not extend closer than 200 feet to residences, schools, hospitals and recreational park areas.

2.

Proposed facilities shall have direct access off a collector or arterial street.

3.

No waste material capable of being blown from the site shall remain uncovered or unsecured at the end of a workday.

c.

Mechanized vehicle race and testing tracks.

1.

Two thousand five hundred feet from any residential use.

2.

Dirt tracks shall be no closer than one mile from any residential use.

3.

Proposed facilities shall have direct access off a collector or arterial street.

d.

Mining and extraction operations.

1.

Refer to section 30-117 - Mining and extraction operations.

e.

Automotive wrecking, salvage, and junk yards.

1.

Five hundred feet from any residential use, church, school, historic place, or public park.

2.

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.

3.

All material and activities not within fully enclosed buildings shall be enclosed by a six-foot wood stockade fence, on all sides visible from the road or street serving the facility and an opaque cyclone fence on the remaining unexposed boundaries.

f.

Mini-warehouses.

1.

Maximum two acres.

2.

Limited to covering 50 percent of the total parcel.

3.

Vehicular ingress-egress shall be limited to one point for each side of the property abutting any street.

g.

Flea markets and yard sales.

1.

Any new use which includes outside sales of new or used household goods and other material goods and products which are akin to yard sales and flea markets for more than any two consecutive days within a 30-day period must obtain a certificate of zoning compliance. The board of zoning appeals shall hear and deliberate such requests. The goods and products of such uses, whether permitted or allowed, must not be stored outside of the site's primary or secondary structure during non-business hours.

(7)

Setbacks.

(8)

Signs. Ten-foot setback from any property line. This is in addition to the regulations in article V of the Zoning Ordinance.

(9)

Site plan requirements. Site plan showing the proposed commercial and/or industrial use with all requirements of this section shall be required along with the application requirements of section 30-267(c) of the Zoning Ordinance.

(Ord. No. 33-2006/07, § 3.21, 6-7-07; Ord. No. 26-2008/09, § 2, 6-4-09; Ord. No. 04-2009/10, § 3, 9-17-09; Ord. No. 19-2011/12, § 1, 3-15-12; Ord. No. 09-2018/19, § 1, 11-15-18; Ord. No. 15-2019/20, § 1, 2-20-20; Ord. No. 30-2020/21, § 1, 7-15-21; Ord. No. 11-2023/24, § 1, 10-19-23; Ord. No. 26-2023/24, § 1, 3-21-24)

_____

(a)

Purpose. It is the purpose of this section to provide for an efficient and timely method to approve uses that are temporary by their nature on private property, public, parks or on public rights-of-way involving the congregation of 5,000 persons or more.

(b)

A special use permit is required for the following uses:

(1)

Circuses;

(2)

Concerts;

(3)

Public entertainment events.

(c)

Uses not requiring a special use permit:

(1)

Sales promotion or grand opening, provided that the application for a temporary sign permit is obtained;

(2)

Garage and rummage sales by private citizens on property within their ownership or other control;

(3)

Uses specifically regulated per other authority.

(d)

Application. The planning department shall provide an application form that must be completed and submitted to the planning department 120 days prior to the opening of the event. In addition, the planning director may request the following if determined necessary to properly assess the application or protect the county and property owners:

(1)

A site plan showing location of the use, other building(s), and parking area with the adequate amount of spaces as determined by the planning director on the site, all driveways to the site and all surrounding properties and streets, and the location and types of all signs, including lighting and heights;

(2)

A cash bond to be set by the planning director shall be posted or a signed contract for the disposal, shall be required as a part of the application to ensure that the premises will be cleared of all debris during and after the event;

(3)

An arrangement for traffic control, required by the city police, county sheriff's department, and South Carolina Department of Transportation Highway Patrol in the vicinity and at major intersections, shall be arranged by the applicant;

(4)

Documentation from the Florence County Health Department that adequate arrangements for temporary sanitary facilities have been secured must be provided;

(5)

Insurance policy or policies naming the county, if officers, agents, and employees, as additional insured by a company authorized to write in South Carolina, in a format which is satisfactory to the county attorney, and in an amount determined to be adequate for the risks involved in the activity, as determined by the planning director;

(6)

Documentation from the property owner agreeing to the use as specified in the application;

(7)

Such other data as may be required to demonstrate that the project meets the criteria.

(e)

Decision process.

(1)

The planning director, or his or her designee, shall immediately upon receipt of a completed application as determined by the planning director, distribute the application to the following:

a.

Appropriate city and/or county departments for review and comments on matters pertaining to site plan, land use, building construction, streets, grading and public safety;

b.

Other local governmental agency or utility district as necessary.

(2)

Notice to all adjacent property owners of the property for which the application has been made.

(3)

A decision shall be rendered by the planning director or his or her designee within six working days of receipt of the completed application based on the comments received.

(4)

The planning director may approve, approve with conditions, or deny the application.

(5)

The applicant may request an accelerated decision provided that an additional fee is paid to accommodate the special processing required to accelerate.

(f)

Conditions of approval. The planning director is authorized to place conditions on an approved special use permit that include, but are not limited to the following:

(1)

A fixed period for each use;

(2)

Hours of operation;

(3)

Limits on ingress and egress to the site and appropriate directional signing, barricades, fences or landscaping;

(4)

Security;

(5)

Temporary off-street parking facilities;

(6)

Removal of all materials and equipment and restoration of the premises to the original condition;

(7)

Special signage.

(g)

Appeals. An applicant or aggrieved person may appeal any determination of the planning director or any condition or requirement of a special use permit to the planning commission.

(h)

Revocation. A special use permit may be revoked for the following reasons:

(1)

The applicant acquired the special use permit by making or causing to be made factual misrepresentations, material nondisclosure or false or misleading statements in its application for such permit or in any statements in its application for such permit or in any statement or representation to the planning director.

(2)

Conditions of the permit have not been fully complied with.

(i)

Re-application. No person shall reapply for a similar special use permit if an application for such has been denied or revoked, if such re-application is within a period of one calendar year from the date of the final decision on a previously similar application. The planning director may waive this restriction if it is determined that conditions have materially changed since the previous denial or revocation.

(Ord. No. 33-2006/07, § 3.22, 6-7-07)

Tattoo facilities, where conditionally permitted by Table II, must comply with South Carolina Code of Laws 1976, as amended, and shall be tempered by the supplemental siting criteria of this section.

(a)

Definitions. All tattoo facilities under the jurisdiction of this ordinance shall be defined according to the South Carolina Code of Laws.

(b)

Location/site requirements. The location of a tattoo facility must comply with Table II of this chapter and S.C. Code 1976, § 44-34-110.

(c)

Zoning compliance/additional requirements. Zoning compliance for tattoo facilities shall be governed by section 30-267 of this chapter. In addition, all tattoo facilities must have a South Carolina Department of Health and Environmental Control (SCDHEC) permit prior to opening.

(Ord. No. 33-2006/07, § 3.23, 6-7-07; Ord. No. 24-2008/09, § 1, 5-7-09)

Applies to all primary and accessory solar energy systems as defined in section 30-311. Flexible energy techniques incorporated into building/structure(s), and/or employed onto a roof and ground-mounted structure(s) shall comply with the following designs and development standards:

(1)

Site plans shall be prepared by a licensed land surveyor, landscape architect, or engineer. Plans must be sealed (except for residential accessory uses, which are subject to zoning setbacks).

(2)

System specific power lines shall be located underground to the extent practical.

(3)

Electric solar system components shall have an Underwriters Laboratories (UL) listing.

(4)

Solar collectors shall be designed with anti-reflective coating to minimize glare. Textured glass coupled with the anti-reflective coating further minimizes solar glare. Textured glass is optional. Mirrors are prohibited.

(5)

Architectural design consideration shall be used when integrating solar panels into any exterior wall, window, or component.

(6)

A system(s) discontinued for more than 12 months is considered abandoned and shall be removed at property owner's expense.

(7)

Solar panel installation:

a.

Roof-mounted

1.

Sealed structural details with mounting specifications and roof dead load capacity certification by a licensed engineer is required.

2.

A roof panel layout and structural connection details.

b.

Ground-mounted

1.

Setbacks:

i.

Level 1 SES- N/A

ii.

Level II SES- five feet from property line

iii.

Level III SES- 50 feet from the property line.

2.

Height maximum standards: 20 feet above the ground when oriented at maximum tilt.

3.

Panel elevation illustration indicating heights.

4.

Sealed structural details with foundation plans certified by a licensed engineer (residential installation must comply with manufacture's installation instructions).

5.

Solar layouts, larger than a quarter of an acre, shall be screened by vegetative landscaping on sides adjacent residential properties per section 30-121, Table VI.

(Ord. No. 09-2016/17, § 1, 4-20-17)

Applicants shall apply to the planning department and meet the following requirements:

(1)

Complete and submit a solar energy systems application.

(2)

Submit three, scaled 11-inch by 17-inch or larger, site plans by a licensed land surveyor, landscape architect, or engineer. The site plan must contain: developer and property owner's name, address, and phone number; road(s) layout; tax map number, scale, date, vicinity map, north arrow, identification of existing and proposed structures, include dimensions (i.e. equipment location, fencing), property boundaries with dimensions, and identify adjacent property owners land uses (i.e. residential, commercial, farmland, or wooded), all public road(s), bodies of water (i.e. lakes, ponds, and streams) with minimum 40 foot buffer shown, flood hazard areas, wetlands, adjacent ditches, and easements, proposed surface covers (i.e. grass, gravel, etc.), and area and size of any land disturbance.

(3)

Submit sealed structural plans certified by a licensed engineer that shows: wiring/thermal diagram, vertical illustrations with maximum height, roof diagram for roof-mounted panels (individual residential PV Solar Systems are exempt and must be installed per manufacture's installation instructions).

(4)

Level I SES approval is subject to:

a.

Interconnection utility agreement (grid-tied systems).

b.

Restrictive covenants affidavit (if applicable).

c.

FAA letter (applicable within airport districts).

(5)

Level II SES approval is subject to:

a.

Stormwater NPDES permit from SCDHEC or the county.

1.

Land disturbance of one-acre or more requires a SWPPP prepared by either a licensed landscape architect, engineer, or tier B land surveyor. Project may be required to comply with Article 17, Municipal Separate Storm Sewer System (MS4) Area Stormwater Management Protection Overlay District.

b.

Interconnection utility agreement (grid-tied systems).

c.

Fire department review and approval.

d.

Restrictive covenants affidavit (if applicable).

e.

Approved site plan.

f.

FAA letter (applicable within airport districts).

(Ord. No. 09-2016/17, § 1, 4-20-17)

The establishment and operation of solar farm facilities shall comply with the following design and development standards:

(1)

Site plans shall be prepared by a licensed land surveyor, landscape architect, or engineer. Plans must be sealed.

(2)

All easements servicing the farm must be shown on a site plan prepared by a licensed land surveyor, landscape architect, or engineer and addressed by E-911 Addressing per Chapter 27, Article XX.

(3)

Setbacks. All ground- mounted solar farms must be set back at a minimum of 50 feet from the edge of all the property lines and public right-of-way, or the minimum yard setbacks as indicated for the zoning district within which the project is located, whichever is greater.

(4)

Noise levels shall not exceed 50 decibels (dba) from the property line.

(5)

Height. Solar structures shall not exceed 20 feet in height per Table II.

(6)

Screening. The perimeter adjacent to residential properties shall be screened by landscaping and/or berm. A berm is a vegetated earthen wall at least five feet in height. Screening is not required along properties adjacent to non-residential uses.

(7)

All lighting shall be shielded or directed in a downward position to prevent noxious glare. A light fixture is required at the ends of all vehicle access turnarounds.

(8)

Fencing shall be at least six feet in height to secure the perimeter. The fence must be secure at all times.

(9)

Signage. A warning sign concerning voltage must be placed at the main gate to include the address, and name of the solar operator and a local phone number for the solar farm operator in case of an emergency. The sign must be no smaller than two feet by three feet and legible from the road.

(10)

System specific power lines must be located underground to the extent practical.

(11)

Solar collectors shall be designed with anti-reflective coating to minimize glare. Textured glass coupled with the anti-reflective coating further minimizes solar glare. Textured glass is optional. Mirrors are prohibited.

(12)

Electric solar system components must have an Underwriters Laboratories (UL) listing.

(13)

All active solar systems shall meet all requirements of the county building codes department.

(14)

Submit and maintain an updated facility decommission plan. The latest facility decommission plan shall be recorded in the county clerk of court's office. The plan must contain:

a.

Condition(s) for decommissioning a facility;

b.

Timeline for restoring the property to its near original condition;

c.

Party(ies) responsible for decommissioning the facility; and,

d.

Agreement with landowner regarding decommissioning.

(Ord. No. 09-2016/17, § 1, 4-20-17)

Applicants shall apply to the planning department and meet the following requirements:

(1)

Complete and submit a solar farm application.

(2)

Submit three, scaled 11-inch by 17-inch or larger, site plans by a licensed land surveyor, landscape architect, or engineer. The site plan must contain: developer and property owner's name, address, and phone number; road(s) layout; tax map number, scale, date, vicinity map, north arrow, identification of existing and proposed structures, include dimensions (i.e. equipment location, fencing), property boundaries with dimensions, and identify adjacent property owners land uses (i.e. residential, commercial, farmland, or wooded), all public road(s), bodies of water (i.e. lakes, ponds, and streams) with minimum 40 foot buffer shown, flood hazard areas, wetlands, adjacent ditches, and easements, proposed surface covers (i.e. grass, gravel, etc.), and area and size of any land disturbance.

(3)

Submit sealed structural plans with foundation details certified by a licensed engineer, wiring diagram, and vertical illustration of panels with maximum height.

(4)

Approval is subject to:

a.

Stormwater NPDES permit from SCDHEC or the county.

1.

Land disturbance of one-acre or more requires a SWPPP prepared by either a licensed landscape architect, engineer, or tier B land surveyor.

b.

Fire department review and approval.

c.

Utility company agreement.

d.

Lease agreement.

e.

South Carolina Public Service Commission Approval (Nameplate of 75 or more megawatts).

f.

FAA letter (solar farm within airport districts).

g.

E911 Addressing approval.

h.

Restrictive covenants affidavit.

i.

Approved site plan.

j.

Facility decommission plan.

(Ord. No. 09-2016/17, § 1, 4-20-17)

Solar farms in existence prior to this article are grandfathered. Grandfathering is applicable as long as the current design and use remains unchanged. Changes, additions, and expansions shall comply with this article.

(Ord. No. 09-2016/17, § 1, 4-20-17)

Fees for solar energy systems are the following: Refer to section 30-296 under certificate of zoning compliance of the county planning and zoning fee schedule.

(Ord. No. 09-2016/17, § 1, 4-20-17)

Penalties for violation shall be noted under section 30-274.

(Ord. No. 09-2016/17, § 1, 4-20-17)

(a)

This section applies to the construction of any new SES within the jurisdiction of the county.

(b)

A SES established prior to the effective date of this section shall remain exempt:

(1)

Exception: Modifications to an existing SES that increases the SES area by more than five percent cumulatively, for a period of five years, of the original footprint or changes the solar panel type (e.g. photovoltaic to solar thermal) shall be subject to this section.

(c)

Maintenance and repair are not subject to this section.

(d)

This section does not supersede regulations from local, state, or federal agencies. Some important examples of such regulations include, but are not limited to:

(1)

Building/Electrical Permits Required. Nothing in this section modifies already established building standards required to construct a SES.

(2)

Onsite Wastewater System Avoidance. Nothing in this section modifies already established department of health and human services requirements. A SES shall not be constructed over onsite waste water systems (e.g. septic systems) unless approved by the department of health and human services.

(3)

Stormwater Permit Required. Nothing in this section modifies the requirements or exempts any SES of complying with the various stormwater jurisdictions and regulations established by the state department of health and environmental control. Florence County Code of Ordinances requires the acquisition of stormwater permits for construction projects that impact stormwater runoff.

(4)

Historic Districts. Nothing in this ordinance modifies already established state historic preservation office requirements.

(Ord. No. 09-2016/17, § 1, 4-20-17)

The type of permit required for an SES is displayed in Table 1: Permit Requirements.

Notes to Table 1:

(a)

Where permitted, ground mounted SES's shall not exceed 20 feet in height. This excludes utility poles and any antennas constructed for the project.

(b)

See section 30-28. Table I: Schedule of permitted and conditional uses and off-street parking requirements for residential districts and section 30-29. Table II: Schedule of permitted and conditional uses and off-street parking for business and rural districts.

(Ord. No. 09-2016/17, § 1, 4-20-17; Ord. No. 12-2018/19, § 1, 12-13-18)

Editor's note— Ord. No. 12-2018/19, adopted Dec. 13, 2018, repealed § 30-114.9, which pertained to height limitations and derived from Ord. No. 09-2016/17, § 1, adopted April 20, 2017.

The requirements below apply only to Level 1, 2, and 3 systems over half (½) an acre in size:

(1)

A map analysis showing a radius of five (5) nautical miles from the center of the SES with any airport operations within this area highlighted shall be submitted with permit application.

(2)

The latest version of the Solar Glare Hazard Analysis Tool (SGHAT) ^[5]

a.

Airport operations at an airport in the National Plan of Integrated Airport Systems (NPIAS) ^[6]

b.

Airport operations at an airport not in the NPIAS, within 5 nautical miles of the center of SES: provide required information to the management of the airport.

Any applicable SES design changes (e.g. module tilt, module reflectivity, etc.) after initial submittal shall be rerun in the SGHAT tool and the new full report shall be sent without undue delay to the contact specified in (2)a. and (2)b. above for accurate records of the as-built system.

Level 1 Solar Energy System Requirements.

Level 1 SESs are a permitted use provided they meet the applicable height, setback, aviation notification, and related district standards.

Levels 2 & 3 Solar Energy System Requirements.

These requirements are in addition height, setback, aviation notification, and applicable district standards.

a.

Site Plan.

i.

A site plan. ^[7]

1.

Setback and height limitations per this section,

2.

Applicable zoning district requirements such as lot coverage,

3.

Applicable solar requirements per this section.

b.

Visibility.

i.

SESs shall be constructed with buffering as required by the applicable zoning district or development standards.

ii.

Public signage (i.e. advertising, educational, etc.) as permitted by local signage section, including appropriate or required security and safety signage.

iii.

If lighting is provided at site, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel or the night sky. Motion sensor control is preferred.

c.

Decommissioning (see Appendix B for a sample decommissioning plan and Appendix C for example abandonment clause and information on decommissioning)

i.

A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with permit application. The decommissioning plan shall clearly state, without ambiguity, the owner's responsibility for decommissioning in accordance with section 30-114 (6).

1.

Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, etc.).

2.

Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.

3.

Restoration of property to condition prior to development of the SES.

4.

The timeframe for completion of decommissioning activities.

5.

Description of any agreement (e.g. lease) with landowner regarding decommissioning.

6.

Identity of the party currently responsible for decommissioning.

ii.

Before final electrical inspection, provide evidence decommissioning plan was recorded with the Register of Deed.

(Ord. No. 09-2016/17, § 1, 4-20-17; Ord. No. 10-2018/19, § 1, 11-15-18)

Appendix A: Airports

A new FAA interim policy. ^[8]

The proposed solar energy system meets the following standards:

1.

No potential for glint or glare in the existing or planned Airport Traffic Control Tower (ATCT) cab, and

2.

No potential for glare or "low potential for after-image" (shown in green in [reports]) along the final approach path for any existing landing threshold or future landing thresholds (including any planned interim phases of the landing thresholds) as shown on the current FAA-approved Airport Layout Plan (ALP) ⁵ . ^[9]

The following are recommended steps required to complete the aviation notification requirement in the template solar ordinance for SC for SESs near an airport.

1)

Off Airport solar project.

a)

Determine if you are required to submit a filing with the Federal Aviation Administration (FAA) in accordance with CFR Title 14 Part 77.9 & follow instructions (https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeR equiredToolForm).

b)

Use internet/software mapping tool (such Google Earth or Google Map) to identify airports within 5 nautical miles of the center of the proposed solar project site.

c)

If search results indicate no airport within 5 nautical miles of the project site, append research results to the permit application.

d)

If search results indicate airport(s) within 5 nautical miles of the project site, go to www.faa.gov to determine if it is in the National Plan of Integrated Airport Systems (NPIAS), i.e. an FAA "obligated" airport. If you are unable to determine if the airport is in the NPIAS or require assistance, contact the FAA's local ADO.

i.

Notification of airports in the NPIAS should be sent to the local ADO.

ii.

Notification of all other airports should be sent to the management of the airport.

e)

Run the latest version of the SGAHT according to the user manual. Unless otherwise directed in the user's manual, use the tool to assess for glare hazards at 19: i) the Airport Traffic Control Tower (ATCT) cab, and

i.

the final approach path for any existing landing threshold or future landing thresholds (including any planned interim phases of the landing thresholds) as shown on the current FAA-approved Airport Layout Plan (ALP). The final approach path is defined as two (2) miles from fifty (50) feet above the landing threshold using a standard three (3) degree glidepath.

f)

Review and send the results summary as well as the results of the glare analysis tool for each flight path and the ATCT.

On-airport solar projects at FAA obligated airports must follow FAA requirements. The following are recommended steps to facilitate meeting the FAA requirements.

2)

On Airport Solar Projects.

a)

Contact the ADO to discuss big picture concept (type of system, siting, size, environmental requirements, FAA Form 7460, etc.). This way FAA can give the proponent a general "roadmap" for the way forward (General FAA areas of concern, introduce the SGHAT Tool, if an on-airport project: give a feel for which areas on-airport can be considered for siting) (per FAA safety & design standards); lease requirements on obligated airports, etc. Also, the ADO can facilitate contact between the solar proponent, the sponsor if project location is on or near a State Block airport.

b)

If after preliminary discussion, the solar proponent is still interested, collaborate with the FAA until all conceptual lease requirements have been met or satisfied by all parties.

c)

Develop National Environmental Policy Act (NEPA) documentation to support siting alternatives & run the SGHAT Tool for all site alternatives carried forward for analysis.

d)

Submit 7460 with Proposed Lease, NEPA analysis & SGHAT Tool Results attached to FAA ADO Review & acceptance via Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) filing.

Appendix B: Example Decommissioning Plan

Decommission Plan for Big Bright Solar Farm ___________(Date) Prepared and Submitted by Solar Developer ABC, the owner of Big Bright Solar Farm

As required by the Town/County of ___________, Solar Developer ABC presents this decommissioning plan for Big Bright Solar Farm (the "Facility").

Decommissioning will occur as a result of any of the following conditions:

1.

The land lease ends;

2.

The system does not produce power for 12 months;

3.

The system is damaged and will not be repaired or replaced.

The owner of the Facility, as provided for in its lease with the landowner, will do the following as a minimum to decommission the project.

1.

Remove all non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade.

2.

Remove all graveled areas and access roads unless the owner of the leased real estate requests in writing for it to stay in place.

3.

Restore the land to a condition reasonably similar to its condition before SES development, including replacement of top soil removed or eroded.

4.

Revegetate any cleared areas with warm season grasses that are native to the region (Mountains, Piedmont, Sandhills or Coastal Plain regions), unless requested in writing by the owner of the real estate to not revegetate due to plans for agricultural planting.

All said removal and decommissioning shall occur within 12 months of the facility ceasing to produce power for sale.

The owner of the Facility, currently Solar Developer ABC, is responsible for this decommissioning. Nothing in this plan relieves any obligation that the real estate property owner may have to remove the facility as outlined in the Special Use Permit in the event the operator of the farm does not fulfill this obligation.

The owner of the Facility will provide Town/County planning department and the Register of Deeds with an updated signed decommissioning plan within 30 days of change in the Facility Owner.

This plan may be modified from time to time and a copy of any modified plans will be provided to the planning staff and filed with the Register of Deeds by the party responsible for decommissioning.

Appendix C: Abandonment & Decommissioning

Abandonment.

A SES that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the current responsible party (or parties) with ownership interest in the SES provides substantial evidence (updated every 6 months after 12 months of no energy production) to the Zoning Administrator of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and restore the Parcel to its condition prior to development of the SES ^[10] .

1.

Upon determination of abandonment, the Zoning Administrator shall notify the party (or parties) responsible they must remove the SES and restore the site to its condition prior to development of the SES within three hundred and sixty (360) days of notice by the Zoning Administrator.

2.

If the responsible party (or parties) fails to comply, the Zoning Administrator may remove the SES, sell any removed materials, and initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover the costs required to remove the SES and restore the site to a non-hazardous condition.

Current US PV Module Recycling Regulation.

End-of-life disposal of solar products in the US is governed by the Federal Resource Conservation and Recovery Act (RCRA), and state policies that govern waste. To be governed by RCRA, panels must be classified as hazardous waste. To be classified as hazardous, panels must fail to pass the Toxicity Characteristics Leach Procedure test (TCLP test). Most panels pass the TCLP test, and thus are classified as non-hazardous and are not regulated.

(Ord. No. 09-2016/17, § 1, 4-20-17)

Tiny homes are residential structures which are defined by the 2021 South Carolina Residential Code. The construction of such structures shall be in accordance with the applicable building code enforced at the time of permitting.

(1)

Tiny homes shall be allowed only in districts where standard designed manufactured homes are permitted to be permanently located.

(2)

The number of tiny homes and their placement on a lot shall adhere to the requirements for manufactured homes in their respective districts.

(3)

Tiny homes shall be allowed to be located within a manufactured home park.

(4)

Where more than two tiny homes are constructed on a single lot, the lot shall be developed in accordance with and subject to the requirements of section 30-96, manufactured home parks.

(Ord. No. 12-2023/24, § 1, 10-19-23)

A mining or extraction operation must obtain a certificate of zoning compliance prior to such activities. Prior to the issuance of a certificate of zoning compliance, applicable mining related permits must be obtained from applicable state and federal agencies. Proof of such permits must be provided along with a zoning compliance application. The applicable state and federal permits shall have been issued within six months of the date of the request for the county certificate. The application for the certificate of zoning compliance must include documentation to demonstrate compliance with the following requirements. Except that any mining activity which is part of a larger on-site construction project where the mining is not the major component, the mining activity shall be exempt from the requirements of this section. This exemption shall apply to land subdivision projects, to sites where buildings and structures are to be constructed, and to other land improvements which are approved under applicable permits such as approved sketch and development plans, land disturbance permits, floodplain development permits, and building permits.

(1)

Mines greater than 40 acres:

a.

Shall be not less than 500 feet from the property line. Shall not be less than 2,000 feet from the nearest residential use and obvious place where children congregate such as: schools, religious worship centers, playgrounds, and daycares, etc.

b.

Shall have bufferyards created and maintained in the locations prescribed for industrial uses as identified in section 30-121, Table VI. Regardless of the distance of the extraction site from the property line, bufferyards shall be created and maintained in compliance with the 20-foot bufferyard requirements of type D bufferyards as identified in section 30-121.

c.

A fee of $1,000.00 per acre shall be applied to any such application.

(2)

Mines 40 acres or less but more than five acres:

a.

Shall be not less than 250 feet from the property line. Shall not be less than 2,000 feet from the nearest residential use and obvious place where children congregate such as: schools, religious worship centers, playgrounds, and daycares, etc.

b.

Shall have bufferyards created and maintained in the locations prescribed for industrial uses as identified in section 30-121, Table VI. Regardless of the distance of the extraction site from the property line, bufferyards shall be created and maintained in compliance with the 40-foot bufferyard requirements of type D bufferyards as identified in section 30-121.

c.

A fee of $200.00 per acre shall be applied to any such application.

(3)

Mines five acres or less:

a.

Shall not be less than 150 feet from the property line.

b.

Shall be 1,000 feet from the nearest residential use and not less than 2,000 feet from an obvious place where children congregate such as: schools, playgrounds, and daycares, etc. The 1,000-foot requirement from the nearest residential use may be omitted when the nearest residence is located on the same property and the mine is intended to serve as a water feature for recreation or agriculture purposes.

c.

Shall have bufferyards created and maintained in the locations prescribed for industrial uses as identified in section 30-121, Table VI. Regardless of the distance of the extraction site from the property line, bufferyards shall be created and maintained in compliance with the 50-foot bufferyard requirements of type D bufferyards as identified in section 30-121.

d.

A fee of $100.00 per acre shall be applied to any such application.

(4)

Additional requirements for mines greater than five acres:

a.

Hours of operation shall be Monday through Friday 7:30 a.m. to 5:30 p.m., except county observed holidays.

b.

Where explosives are employed, the mine operator shall provide an action plan that has been approved by the fire marshal having jurisdiction and the Florence County Sheriff's Office. Explosive operation times shall be within the hours of 9:00 a.m. and 3:00 p.m. Monday through Friday, excluding county observed holidays.

c.

Site access.

i.

The site must have direct access to a major arterial road. Minor arterial road and collector road access may be allowed only when direct access to a major arterial road is unreasonable and alternate access would not result in excessive traffic through populated areas and the road(s) is designed for heavy truck traffic. It shall be the burden of the developer/applicant to demonstrate compliance.

ii.

A truck route plan must be included in the submission for zoning compliance.

iii.

All private and/or public roads shall be kept wetted while being used or shall be hard-surfaced and maintained to prevent the emanation of dust.

iv.

Access from the site onto any public road shall not create the accumulation of debris such as dirt or gravel onto the roadway.

v.

Any sub-standard roads must be brought up to adequate standards before a certificate zoning compliance can be issued. It shall the burden of the applicant to provide verification that the authority having jurisdiction is satisfied with the road's condition. The certificate of zoning compliance may be revoked if the authority having jurisdiction deems that the construction traffic is causing road damage requiring repairs. The authority having jurisdiction must notify the operator in writing. The operator must complete the repairs within 30 days of notice or obtain approval of a remediation plan. The county administrator may accept a financial guarantee in lieu of immediate repairs if the repairs can be delayed. In no case shall repairs extend beyond 12 months from the date that the report is provided by the authority having jurisdiction whether the road is maintained by the county or another authority. Cost estimates of road repairs must be provided by a duly licensed SC engineer. Such financial guarantees shall equal not less than 200 percent of the cost estimate if the road falls within the county's maintenance system. Roads that fall outside of the county's maintenance system is subject to the requirements of that authority.

d.

Height. No equipment shall exceed 38 feet in height above the lowest natural grade on the site regardless of zoned districts.

e.

Fencing. A fencing plan shall be submitted with an application for zoning compliance for mines. In addition to fencing that may be required for bufferyard compliance, the following requirements must be met.

i.

A heavy-duty security fence of not less than six feet shall encompass the extraction site, areas of possible unsafe conditions (such as above ground fuel tanks and stockpiles of materials) and places where unauthorized personnel are prohibited.

ii.

The fence shall not be less than 50 feet from the extraction site and other required fenced areas.

iii.

Entrances, gates and access points in the fence shall be locked to prevent unauthorized entry during non-operational hours.

f.

Identification.

i.

Clearly legible signs shall be placed along the fence at intervals not to exceed 300 feet. The sign shall read, "NO TRESPASSING - MINING ZONE" in letters not less than four inches in height. These signs shall also be placed at all entry/access points to the site.

ii.

A sign shall be located at all entrances, gates and access points that provide the assigned E-911 address, and the operators emergency contact name, address and phone number. The sign shall not be less than nine square feet with letters and numbers not less than six inches in height.

g.

Noise. Maximum noise at the property line shall not exceed 65 decibels measured at the property line.

h.

Operations plan. An operations plan shall identify the specific types of activities that are necessary for successful operation of the use, specific technologies that will be incorporated into the use, potential impacts on adjacent lands and mitigation measures, the size of the operation, the number of employees, and the operating hours of the use.

i.

Exemptions for certain uses pertaining to mining operations. Excavation or grading activities solely for onsite construction, or land development whereas the extracted materials will not be removed from the site, and agricultural irrigation ponds five acres or less and drainage conveyances shall be exempt from the mining requirements of the Zoning Ordinance if the use complies with all of the following conditions:

i.

The mining operation shall be limited to one year. If such work exceeds one year, a new certificate of zoning compliance must be obtained.

ii.

The mining operation shall not be located within 50 feet of any property boundary and/or within 250 feet of any building intended for human occupancy existing at the time of zoning compliance application.

iii.

No more than one mining use shall be permitted on the same property within one year from the date of zoning compliance approval for a previous mining use.

(5)

Exceptions and penalties.

a.

Mines may be exempt from any portion, or all, of these requirements given the following conditions are met, and the board of zoning appeals considers it is in the best interest of the community to do so and authorizes staff to issue a certificate of zoning compliance.

i.

The mine operator can demonstrate that the mine was permitted and in continual operation under SCDHEC mining permit prior to the date of the introduction of this ordinance, January 23, 2024; or,

ii.

The mine operator can demonstrate through Florence County property tax records, and proper licensure through the South Carolina Department of Revenue that the mine was in existence and in continual operation prior to the date of the introduction of this ordinance, January 23, 2024; and,

iii.

The mining operations cease and the operator obtains a proper SCDHEC mining permit within ten months of the date introduction of this ordinance, January 23, 2024.

iv.

In addition to the per acre fee associated with an application, an additional fee of $325.00 shall be applied for applicants seeking relief from the board of zoning appeals.

b.

Penalties.

i.

Any person or entity violating any provision of this ordinance and found guilty of such is subject to a misdemeanor fine of not more than $200.00 or 30 days in jail; each day the violation persists is considered a separate violation.

ii.

A violation that persists beyond 15 days after notice, shall result in the revocation of the certificate of zoning compliance.

iii.

If a certificate of zoning compliance is revoked, a new certificate cannot be issued until the project meets all of the requirements of this ordinance and will not be subject to the exceptions which may be granted under section 30-117(4)a.

(Ord. No. 26-2023/24, § 1, 3-21-24)