The Board of Zoning Appeals may issue permits for those uses permitted by special exception which are in accordance with the provisions of this Ordinance, particularly the applicable provisions of Article 5 and the specific conditions set forth below.

The Board may grant or deny a request for a use permitted on review after a public hearing has been held on the written request submitted by an applicant.

If the request is granted, the Board shall determine that:

A.

The use meets all required conditions;

B.

The use is not detrimental to the public health or general welfare;

C.

The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar services; and

D.

The use will not violate neighborhood character nor adversely affect the surrounding land use.

If the Board denies the request, the reasons shall be entered in the minutes of the meeting at which the permit is denied.

In granting the permit, the Board may designate such reasonable and appropriate conditions in addition to the specific conditions contained in this Ordinance to assure that the proposed use will be in harmony with the area in which it is to be located and with the spirit of this Ordinance.

No Use Permitted on Review shall be approved by the Board of Zoning Appeals until the Greenville County Planning Commission staff has reviewed the application and submitted a written report on the proposal to the Board of Zoning Appeals.

Public utility buildings and uses, such as sewage lift stations, pump stations, electrical substations and telephone equipment buildings which are not detrimental to other uses permitted in the district may be permitted in any district. Such uses shall be enclosed within a building or by a suitable fence providing protection and screening against light, noise, fumes, or unsightliness. Open area on the premises shall be appropriately landscaped.

Ponies, horses, and cows only may be kept in the R-15 and R-12 Districts, subject to the district regulations and the following conditions:

9:3.1. Site. The minimum lot area upon which livestock may be kept is two acres. Not more than one head of livestock shall be permitted for two acres of lot area.

9:3.2. Setback. No barn or other structure where livestock is kept or fed and no grazing or pasturing shall be permitted within 50 feet of any property line, except where such property line abuts a street, railroad, or watercourse at least 50 feet in width.

(Ord. of 11-13-06)

Editor's note— Section 9:3 has been amended at the discretion of the editor to reflect changes instituted by an Ordinance of November 13, 2006.

A church may be permitted in R-15, R-12, R-10, R-7.5, R-M, C-1, C-2, and PD Districts, subject to the requirements of the district and the following requirements:

9:4.1. Lot Area. The minimum lot area shall be 40,000 square feet.

9:4.2. Setback Requirements. All buildings shall be set back from the front, side, and rear property lines a minimum of 50 feet.

9:4.3. Off-Street Parking. Off-street parking shall be provided in accordance with the provisions set forth in Article 7, Section 9.

(Ord. of 11-13-06)

Editor's note— Section 9:4 has been amended at the discretion of the editor to reflect changes instituted by an Ordinance of November 13, 2006.

A private recreation area or country club may be permitted in the R-15, R-12, R-10, R-7.5, and R-M Districts, subject to the requirements of the district in which it is located and the following requirements.

9:5.1. Lot Area. A private recreation area shall be located on a site not less than two acres in area.

9:5.2. Setback Requirements. All buildings, game courts, swimming pools, and similar structures shall be set back from front, side, and rear property lines a minimum of 50 feet.

9:5.3. Food and Entertainment. The provision of food and entertainment for members and guests may be permitted; provided that such provision will not cause a nuisance in the Residential District.

(Ord. of 11-13-06)

Editor's note— Section 9:5 has been amended at the discretion of the editor to reflect changes instituted by an Ordinance of November 13, 2006.

Child care centers may be permitted in the R-M Districts, subject to the district regulations, the South Carolina State Department of Public Welfare Rules and Regulations relating to licensing day care facilities and child care centers, and the following requirements:

9:6.1. Lot Area. The minimum lot area for a child care center shall be 20,000 square feet. At least 75 square feet of outdoor play area shall be available for each child, based on the maximum enrollment.

9:6.2. Indoor Area. The building shall contain a minimum of 35 square feet of floor area for each child, based on the maximum enrollment.

9:6.3. Fencing. The entire play area shall be enclosed by a fence having a minimum height of four feet constructed to provide maximum safety to the children.

9:6.4. Off-Street Parking. Off-street parking shall be provided in accordance with provisions in Article 7, Section 9.

9:6.5. Demand. Applicant must show an indication of economic feasibility, justification, and impact of the proposed Child Care Center.

Professional offices may be allowed in the R-M District, subject to the following requirements:

9:7.1. Size. The minimum lot area required for professional offices to be developed in the R-M District is two acres. In no instance shall an office development, parking, and other related activities occupy more than 70 percent of the gross lot area.

9:7.2. Front Setback. All buildings and structures shall be set back from all street right-of-way lines not less than 25 feet.

9:7.3. Side Setback. All buildings and structures shall be set back not less than 15 feet from property lines.

9:7.4. Rear Setback. No building shall be located closer than 20 feet to rear lot lines.

9:7.5. Off-Street Parking. Off-street parking shall be provided in accordance with the provisions set forth in Article 7, Section 9.

9:7.6. Additional Requirements. Applications for professional offices in the R-M District shall include the following data and other reasonable information the Board of Zoning Appeals and the Zoning Administrator may require in their review of the application:

A.

Number of professional offices and overall square footage thereof.

B.

Location of all curb cuts and points of egress and ingress and all sidewalks and dimensions thereof.

C.

The location and size of any existing or proposed roads on any part of the site.

D.

The location of all parking.

E.

A complete landscaping and screening plan.

F.

Plans showing complete drainage of entire site.

G.

Prospective sketch indicating exterior color and materials, all structures and screening.

H.

A copy of covenants, grants or easements, or other restrictions proposed to be imposed upon the use of land, buildings, and structures, including proposed easements for grants and public utilities.

Subject to approval with the Board of Zoning Appeals one accessory dwelling unit may be permitted in conjunction with the permitted principal use in the O-D district subject to the following conditions:

A.

Accessory residential dwelling units shall not be permitted in a structure separated from the permitted principal use.

B.

Accessory residential dwelling units be clearly incidental and subordinate to the permitted principal use.

C.

Accessory residential dwelling units shall not interfere with operation of the permitted principal use, and adjacent permitted uses, nor shall the operation of the permitted principal use create conditions which are adverse or hazardous to the persons occupying the accessory dwelling unit.

D.

Only the persons operating the permitted principal use and their immediate family may reside in the accessory dwelling unit.

Family Care Homes are subject to the following requirements.

9:9.1. Signage. No signage is allowed for a Family Care Home.

9:9.2. Appearance. All Family Care Homes shall be similar in appearance to other residential structures in the area.

Pursuant to S.C. Code, Title 44 Health, Chapter 34 Tattooing. The provisions for location are described in S.C. Code § 44-34-110. The proposed site must not be granted if it is to be within 1,000 feet of a church, school, or playground. This distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground.

As used in this subsection:

(a)

Church means an establishment, other than a private dwelling, where religious services are usually conducted.

(b)

School means an establishment, other than a private dwelling where the usual processes of education are usually conducted.

(c)

Playground means a place, other than grounds at a private dwelling that is provided by the public or members of a community for recreation.

Other requirements.

(A)

The tattoo artist must allow and cooperate with on-site inspections as considered necessary by the City and must address by corrective action the noncompliance items as identified by the City.

(B)

The City may revoke, suspend, or refuse to issue or renew a license pursuant to this chapter and invoke a monetary penalty upon evidence as determined by the city that the licensee of the facility under this chapter has:

(1)

Obtained a tattoo facility license through fraud or deceit; or

(2)

Has violated any applicable law or regulation.

(Ord. of 7-13-06)

Auto wrecking facilities, junkyards, recycling collection and processing centers, salvage yards and scrap processors may be permitted in the I-1, Industrial district subject to the requirements of the district, the Fountain Inn Junkyard Ordinance and the following requirements:

A.

Auto wrecking facilities, junkyards, recycling collection and processing center, salvage yards and scrap processors shall be located on a site of not less than two acres.

B.

No auto wrecking facility, junkyard, recycling collection and processing center, salvage yard or scrap processor shall be located within a radius of 1,000 feet as measured from the approximate center of the parcel on which the facility is located to the nearest boundary of any residential district existing at the time the application for a use permitted by special exception is filed.

C.

A continuous visual screen shall be provided and maintained along the property line and shall enclose all open storage areas. The screen shall be an eight-foot wall, fence, or evergreen plant material, or a combination of wall, fence and evergreen plant material. If evergreen plant material is used, it must be at least four feet in height at the time of planting and capable of forming a continuous screen of at least eight feet in height, with individual plantings spaced not more than five feet apart. Materials stored in the open shall not be stacked higher than the required visual screen.

D.

The facility may not be operated or allowed or caused to be operated in such a manner as to create any sound or noise as measured on the "A" weighted scale and on the slow meter response on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute (ANSI) that exceeds the limits as set forth below:

Sound level readings shall be measured at the boundary of the affected property. Precise positioning of the sound reading meter for the purposes of this section is not required.

(Ord. No. ZTEXT-2013-002, § 1c., 7-11-13)