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Fountain Inn City Zoning Code

ARTICLE 4

- DEFINITIONS

Except where specifically defined herein, all words used in this Ordinance shall carry their customary meanings. Words used in the present tense include the future tense; the singular number includes the plural. The word "shall" is mandatory, not directory.

Accessory Use. A use of land or of a building or portion thereof customarily incidental to the principal use of the land or building and located on the same lot with such principal use. For the purpose of this Ordinance, accessory uses include swimming pools, game courts, and satellite dish antennas and shall meet the requirements of Section 7:11.

Arcade. An area contiguous to a street or plaza that is open and unobstructed, and that is accessible to the public at all times. Arcades may include building columns, landscaping, statuary and fountains. Arcades do not include off-street loading/unloading areas, driveways or parking areas.

Articulate. To give emphasis to or distinctly identify a particular element. An articulated exterior wall would be the emphasis of elements on the face of a wall including a change in setback, materials, roof pitch or height.

Berm. An earthen mound formed to shield undesirable views, decrease noise, and/or add topographical interest. The slope of a berm should not exceed a rise of one foot in two horizontal feet.

Buffer. See also "screen". An area provided to reduce the conflict between two different land uses. Buffers are intended to mitigate undesired views, noise and glare - effectively providing greater privacy to neighboring land uses. Typical buffers consist of materials that serve this purpose and include, but are not limited to, plant materials, walls, fences and/or significant land area to separate the uses.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any person, process, equipment, or goods.

Building, Accessory. A structure attached to or detached from a principal building on the same lot and customarily incidental in use to the principal building.

Building, Principal. A building in which is conducted the principal use of the lot.

Building Setback Line. A line establishing the minimum allowable distance between the nearest portion of any building, excluding steps, gutters, and similar fixtures, and the property line when measured perpendicularly thereto.

Caliper. A unit of physical measure for defining the diameter of a newly planted tree measured six inches above ground level.

Canopy. A roof-like, unenclosed (except when connected to a building) shelter having various means of support and generally used for protection from weather for pedestrians.

Certificate of Occupancy. A statement, signed by the zoning administrator, setting forth that the building, structure, or use complies with the Zoning Ordinance and that the same may be used for the purpose stated herein.

Child Care Center or Day Care Center. A home, center, agency, school, or facility where children not related to the operator are received for care, apart from their parents whether for compensation, reward, or otherwise, during part or all of the day or night and upon any number of successive days or nights.

Child Care Home. One in which care is given in a family home for one (1) and not more than six (6) children. Not more than one (1) person other than those residing in the home may be involved in the day-to-day operation of the child care home.

City Council. Shall refer to the City Council of Fountain Inn in this Ordinance.

Communication Tower. A tower of any size which supports communication (broadcast or receiving) equipment utilized by commercial governmental or other public and quasi-public users. This does not include private home use of satellite dishes and television antennas, or amateur radio operators as licensed by the Federal Communications Commission.

Construction. Any new construction, reconstruction, alteration or expansion requiring a permit accordance to the SC Building Code.

Cutoff Fixture. An outdoor light fixture shielded or constructed in such a manner than no more than two and one-half (2 ½) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture.

Developable Land. Land which is suitable as a location for structures.

Development Plan. Plan for property prior to development.

Diameter at Breast Height (DBH). Tree trunk diameter measured 4½ feet above ground level.

Dormer. A window set vertically in a gable projecting from a sloping roof.

Drainage Plan. A site plan showing contours, drainage structures, (including, but not limited to pipes, ponds, ditches, etc.), anticipated flow calculations, destination of runoff to nearest identifiable drainage way, and any other data required to clearly define the proposed drainage system.

Dwelling. Any building used exclusively for human habitation, including any permitted home occupation but excluding hotels, motels, and rooming and boarding houses.

Dwelling, Multi-Family. A residential building containing three or more individual dwelling units located on a single lot or parcel of ground.

Dwelling, Single-Family. A residential building containing only one dwelling unit and not occupied by more than one family.

Dwelling, Single-Family Attached. Two or more single-family dwelling units each with its own outside entrance, which are generally joined together by a common party wall or connecting permanent structures such as breezeways, carports, or garages, where such a group on adjoining individual lots. For the purpose of this Ordinance, dwellings such as garden court dwellings, patio houses, rowhouses, townhouses, or zero lot line dwellings shall be treated as single-family attached dwellings.

Dwelling, Single-Family Detached. A single-family dwelling unit which is entirely surrounded by open space or yards on the same lot.

Dwelling, Two-Family. A residential building containing two individual dwelling units located on a single lot or parcel of ground.

Dwelling Unit. One or more rooms with cooking and toilet facilities used as a place of residence for one family.

Evergreen Shrub. Any self-supporting woody plant with several stems, retaining leaves throughout the year, easily maintained at 30 to 40 inches in height.

Exterior Wall. The portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building.

Family. One or more persons living together as a single housekeeping unit. For the purposes of this Ordinance, such persons may include gratuitous guests, foster children, and domestic servants employed on the same premises.

Family Care Home. A residence in which six or fewer individuals are housed who are not necessarily related and who are physically handicapped, aged, disabled or who are in need of adult supervision and/or family support. Only those residing in the home may be involved in the day-to-day operations of the family care home. Such homes include children's homes, group homes, rest homes, homes for the elderly, and family support homes. Family care homes do not provide continuous medical and skilled nursing care such as a nursing home nor provide any services to the resident beyond personal assistance.

Fireworks Stands, Temporary. This facility consists of a temporary structure for the purpose of the retail sales of fireworks in accordance with the rules and regulations of the state Board of Pyrotechnics Safety, and shall be located in such a manner as to make it immobile and to prevent it from shifting or blowing over. Tie down devices shall be affixed and wheels shall be removed.

Flood Light. A form of lighting designed to direct its output in a diffused, less specific direction.

Foot-Candle. A quantitative unit measuring the amount of light cast onto a given point measured as one lumen per square foot.

Full Cutoff Fixture. An outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.

Gable. A triangular wall section at the end of a pitched roof, bounded by the two roof slopes.

Gross Leasable Area. The total floor area designed for tenant occupancy and exclusive uses, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

Height. The vertical distance measured from the average finished grade at the front building line to the highest point of the structure.

Hip Roof. Roof without gables.

Home Occupation. Any use of principal and accessory buildings clearly incidental to their uses for dwelling purposes and conducted for compensation by a resident thereof within a residential district and meeting the requirements of Article 8.

Hotel/Motel. A building or a group of buildings containing individual sleeping or living units designed for the temporary occupancy of tourists, or transit guests, and which has a garage attached or a parking space conveniently located to each unit.

Junk Yard. Any land or area used, in whole or in part, for commercial storage and/or sale of waste paper, rags, scrap metal, or other junk and including storage of vehicles and machinery, and/or dismantling of such vehicles or machinery.

Lot. A parcel of land designated by number or other symbol as a part of a legally approved and recorded subdivision or as described by metes and bounds and recorded in the office of the register of mesne conveyance.

Lot, Corner. A lot abutting upon two or more streets at their intersection, or upon two parts of the same street, forming an interior angle of less than 135 degrees. The point of intersection of the street lines or of the street lines as extended is the corner.

Lot Depth. The average horizontal distance between the front and rear property lines of a lot.

Lot, Double Frontage. A lot which extends through a block, having frontage on two streets.

Lot Line, Front. That line which separates the lot from a street right-of-way.

Lot Line, Rear. Ordinarily that lot line which is opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot, a line ten feet in length entirely within the lot, parallel to and at the maximum distance from the front lot line, or a chord thereof if the front lot line is curved shall be considered as the rear lot line for purposes of determining the required rear yard. In cases where neither of these conditions is applicable, the Zoning Administrator shall designate the rear lot line.

Lot of Record. A lot existing before the adoption of the Zoning Ordinance and as shown or described on a plat or deed in the records of the Greenville County Register of Mesne Conveyance. For the purpose of this Ordinance, a nonconforming lot of record can be developed if it meets the requirements of Section 7:1.6.

Lot Width. The distance between the side lot lines at the setback line as measured along a straight line parallel to the front lot line or parallel to the chord thereof.

Lot, Zoning. A parcel of land which is indicated by the owner at the time of application for a building or zoning permit as being that land which he proposes to develop under one ownership.

Lumen. The amount of light that falls upon an area of one square meter, every point of which is one meter from a source of one candle (one candle equals 12.57 lumens).

Manufactured Home Park. Any place, area, or tract of land maintained, offered, or used for parking of three or more manufactured multi-section homes, single-section homes or modular homes used or intended to be used for living or sleeping purposes, regardless of whether or not a charge is made for such accommodations.

Manufactured Home Space. That portion of land in a mobile home park allotted to or designed for the accommodation of one manufactured multi-section home, single-section home or modular home.

Manufactured Multi-Section Home. A portable unit designed and built to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed to be used without a permanent foundation for a permanent residence. It contains two or more separately towable sections designed to be joined into one integral unit capable of being again separated into components. Either or both units may contain parts that may be folded, collapsed, or telescoped when being towed and expanded later to provide additional cubic capacity. These units may be used for residential, commercial, educational, or industrial purposes. Travel trailers, travel motorized homes, pick-up coaches, and camping trailers are excluded from this definition. This definition includes units referred to as double-wide mobile homes built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Manufactured Single-Section Home. A portable unit designed and built to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed to be used without a permanent foundation for a permanent residence. A single-section unit may contain parts that may be folded, collapsed, or telescoped when being towed and expanded later to provide additional cubic capacity. These units may be used for residential, commercial, educational, or industrial purposes. Travel trailers, travel motorized homes, pick-up coaches, and camping trailers are excluded from this definition. This definition includes units referred to as single-wide mobile homes built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Modular Home. A home consisting of two or more factory fabricated components that do not have an integrated chassis which are transported to the home site where they are put on a permanent foundation or slab and joined to make a permanent single-family house. Such units shall comply with all state and locally adopted building codes.

Mulch. A protective covering (such as pine straw, shredded bark, or other materials) spread evenly around trees, shrubs, and ground covers to reduce evaporation, maintain even root temperatures, prevent erosion, and control weeds.

Nonconforming Lot. A lot of record at the time of passage of this Ordinance which does not meet the requirements for area and/or width generally applicable in the district in which such lot is located.

Nonconforming Use or Structure. A land use or structure which existed lawfully on the date this Zoning Ordinance became effective, and which does not conform with the permitted uses for the zoning district in which it is situated. Nonconforming uses are incompatible with permitted uses in the districts involved. Such nonconformities are permitted to continue until they are removed, but their survival, enlargement, or extension is not encouraged.

Parapet. The portion of a wall that extends above the roofline.

Parking Space. The storage space for one automobile of not less than 9 feet by 20 feet plus the necessary access space. It shall always be located outside the dedicated street right-of-way.

Pedestrian Walkway. A surfaced walkway, separate from the traveled portion of a public or private right-of-way or parking lot/driving aisle.

Pervious concrete is a high cement-content mix made with no fine aggregate and a low water-cement ratio. It is delivered in conventional ready-mix trucks and placed in conventional forms. Vibrating and rolling densify the wet concrete for greater strength. No further finishing is employed, leaving a pebbled, open surface. Also called Porous Concrete Paving.

Planned Development. For purposes of this Ordinance, a planned development shall be a group of detached, semi-detached, attached, groups of attached, cluster, or multi-storied residential structures, or any combination thereof on a parcel of land, residentially zoned under single, corporation, firm, partnership or association ownership, planned and developed as an integrated unit in a single development operation or a definitely programmed series of development operations in accordance with an approved development plan.

Planned Shopping Center. A group of commercial establishments planned, developed, owned, and managed as a unit related in location, size, and type of shops to the trade area that the unit serves. It provides on-site parking in definite relationship to the types and sizes of stores.

Planning Commission. Shall refer to the Planning Commission of Fountain Inn in this Ordinance.

Portico. A porch or walkway with a roof supported by columns, often leading to the entrance to a building.

Private Recreation Area. A recreation area owned and maintained by members and operated as a non-profit organization.

Rest Home. The rooming or boarding of any aged or convalescent persons, whether ambulatory or nonambulatory, for which a license is required by a county, state, or federal agency.

Restaurant. Any establishment, including drive-ins, however designated, whose primary function is the sale of food for consumption on the premises and includes any establishment which has been licensed by the State A.B.C. Board as a restaurant.

Roadside Buffer. The designated area between the road right-of-way and the parking area used to soften the impact of dissimilar land uses and provide screening to satisfy the requirements of this section.

Satellite Dish Antenna. A device incorporating a reflective service that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not to be limited to what are commonly referred to as satellite earth stations, TVRO's, and satellite microwave antennas.

Screen. See also "buffer". The sole purpose of a screen is to block views. A screen should be constructed of opaque materials and whose height will be effective in obstructing unwanted views.

Self-Service Storage Facility (mini warehouses). A structure containing separate storage spaces of varying sizes leased or rented as individual leases. No activities other than rental of storage units and pick up and deposit of stored goods shall be allowed on the premise. (No outside storage shall be permitted. Radioactive materials, explosives, and flammable or hazardous chemicals shall be prohibited).

Service Station. Any establishment used for the servicing of automobiles including the sale of gasoline, oil, grease, minor accessories, and washing and polishing, but excluding the sale of automobiles, body repairing, major motor repairing, and painting.

Setback Line. That line which is parallel to and a given distance from the front lot line of a lot or parcel of land at such distance as is required in this Ordinance.

Shade Tree. Any tree, evergreen or deciduous, of a species which normally reaches a height of 30 feet or more and a crown spread of 20 feet or more at maturity.

Signs, Definitions. Terms related to signs are defined in Section 6:1.

Small Tree. A single or multi-stem tree of a species that normally reaches a mature height between eight and 30 feet and a crown spread of less than 20 feet at maturity.

Street. A dedicated public right-of-way which affords the principal means of access to abutting property and which has been accepted for maintenance by the City of Fountain Inn, Greenville County, or the State Highway Department. For the purposes of these regulations, the term street or streets shall also mean avenues, boulevards, roads, lanes, and other public ways.

Arterial Street. A Federal or State highway designed primarily for the movement of large volumes of traffic from one area to another.

Collector Street. A public way designed primarily to connect residential service streets with arterial streets or to provide a direct connection between two (2) arterial streets and may be expected to carry a significant volume of traffic having neither origin nor destination on the street.

Residential Service Street. A public or private way used primarily for providing direct access to abutting property.

Structure. Anything constructed or erected which requires permanent location above grade. For purposes of this Ordinance, "structure" does not include landscape features such as ornamental pools, planting boxes, sculpture, bird baths, open terraces, walkways, driveways, walls, or fences; shelters for pets, playhouses, open stairs, recreational equipment, flagpoles, swimming pools, underground fallout shelters, air-conditioning compressors, pump houses or wells, mailboxes, privies, outdoor fireplaces, gatehouses, burial vaults, or bus shelters.

Tattoo or Tattooing means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes of pigments unless performed by a licensed physician or surgeon if permitted by law.

Tattoo facility means any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent makeup or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.

Tower Height. The vertical distance measured from ground to the upper most point of the telecommunications tower and any antenna affixed thereto.

Travel Trailer. Any vehicle mounted on wheels but not self-propelled and not more than twenty-six (26) feet in length, designed and intended to serve primarily as short-term shelter.

Undevelopable Land. Land that has development constraints due to one of the following constraining factors: land with a slope greater than 30 percent, lakes, marshes, sloughs, wetlands, areas within the area of special flood hazard, defined as the land in the floodplain within a community subject to inundation by the base flood having a one-percent or greater chance of being equaled or exceeded in any given year, and areas of recent or active landslides. Section 5:12. — GCO, Gateway Corridor Overlay District as shown on exhibit A attached hereto and made a part hereof by reference. Land that lies within the boundaries of an overhead utility easement shall be deemed to be undevelopable land.

Uses Permitted by Special Exception. Uses allowable where facts and conditions detailed in this Ordinance, as those upon which a use may be permitted, are found to exist.

Utility, Public. Any agency which, under public franchise or ownership, provides the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other service.

Variance. A variance is a relaxation of the dimensional terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship.

Vehicular Canopy. A roofed, open, drive-through structure designed to provide temporary shelter for vehicles and their occupants while making use of a business' services.

Veterinary Clinic. A facility for diagnosis, treatment, and care of large and small animals. Animals may be boarded in this facility. All activities related to this facility shall be enclosed in a self-contained, free-standing building wholly occupied by the activities related to the veterinary clinic.

Veterinary Hospital. A facility for diagnosis, treatment, and care of large and small animals. The facility shall be a free-standing building wholly occupied by the activities related to the veterinary hospital. Animals may be boarded in this facility. Activities are not restricted to the interior of the building.

Veterinary Office. A facility for diagnosis, treatment, and care of small domestic animals. Sick or injured animals may be boarded on a short term basis. No commercial boarding is allowed in the veterinary office facility. All activities related to this facility shall be enclosed in a self-contained, free-standing building wholly occupied by activities related to the veterinary office.

Wall Pack. A type of light fixture typically surface-mounted on a vertical wall surface.

Yard, Front. An area extending across the full width of the lot and lying between the front lot line and the setback line as required in the applicable district.

Yard, Rear. An area extending across the full width of the lot and lying between the rear lot line and a line parallel thereto at a distance there from as required in the applicable district.

Yard, Required. The open space between a lot line and the buildable area within which no structure may be located except as otherwise provided in this Ordinance. All yards referred to in this Ordinance are minimum required yards.

Yard, Side. An area extending along the length of the lot between the required front yard and the required rear yard, and between the side lot line and a line parallel thereto and a distance there from as required in the various districts.

Zoning Certificate/Building Permit. A certification by the Zoning Administrator that a proposal to use or occupy a tract of land or a building; or to erect, install, or alter a structure, building, or sign, fully meets the requirements of this Ordinance.

(Ord. of 7-13-06, § 3; Ord. of 11-13-06, § 3; Ord. No. ZTEXT-2015-01, § 1, 1-5-16)