1.- GENERAL PROVISIONS ARCHIVED
These regulations shall be officially known as the "Greenville Zoning Ordinance," and may be referred to as the "zoning ordinance" or "this chapter."
(Code 1997, § 19-1.1; Ord. No. 2007-52, § 19-1.1, 7-9-2007)
19-1.2.1.
General. The city council is authorized to adopt this chapter pursuant to the enabling authority contained in the S. C. Code of Laws, generally including, without limitation, S.C. Code 1976, §§ 6-29-310 et seq., 6-29-710 et seq., 6-29-1110 et seq., 6-29-1510 et seq., and 6-31-10 et seq. This chapter consolidates the city's zoning and land development regulatory authority under the S.C. Code of Laws.
19-1.2.2.
Reference to South Carolina General Statutes. Whenever any provision of this chapter refers to or cites a section of the S.C. Code of Laws [or S.C. Code 1976] and that section is later amended or superseded, this chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
(Code 1997, § 19-1.2; Ord. No. 2007-52, § 19-1.2, 7-9-2007)
The purpose and intent of this chapter is to guide development in accordance with the existing and future needs of the city and to promote the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the property owners and residents of the city, and other members of the public. The purpose and intent of this chapter is more specifically to:
19-1.3.1.
Light, air, open space. Provide for adequate light, air, and open space.
19-1.3.2.
Prevent overcrowding, congestion. Prevent the overcrowding of land, to avoid undue concentration of population, and to lessen congestion in the streets.
19-1.3.3.
Safety from fire, flood. Secure safety from fire, flood, and other dangers.
19-1.3.4.
Promote diverse quality housing, protect neighborhoods. Promote quality housing, preserve, neighborhoods, and encourage a diversity of housing options.
19-1.3.5.
Downtown. Promote the downtown as a regional center of commerce, government, arts, entertainment, and residential life.
19-1.3.6.
Commercial development along corridors. Ensure appropriate commercial development patterns along corridors.
19-1.3.7.
Appropriate urban development and redevelopment. Encourage appropriate urban development and redevelopment.
19-1.3.8.
Incentives to develop in underdeveloped areas. Provide incentives for development in underdeveloped portions of the city.
19-1.3.9.
Quality new development to blend with existing. Encourage quality development to blend with existing development.
19-1.3.10.
Eliminate blight. Eliminate slums and blight citywide.
19-1.3.11.
Create harmonious community. Facilitate the creation of a convenient, attractive, and harmonious community.
19-1.3.12.
Protect scenic, historic and ecologically sensitive areas. Protect and preserve scenic, historic, or ecologically sensitive areas.
19-1.3.13.
Open space. Protect and provide for open space.
19-1.3.14.
Promote connectivity. Promote an inter-connected, walkable community.
19-1.3.15.
Tree preservation. Provide standards and incentives for tree preservation and protection.
19-1.3.16.
Regulate the use, density, distribution, and character of land. Regulate the density and distribution of populations and the uses of buildings, structures and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, protection against floods, public activities, and other purposes.
19-1.3.17.
Facilitate adequate provision of public facilities and services. Facilitate the adequate provision or availability of transportation, police and fire protection, water, sewerage, schools, parks and recreation facilities, affordable housing, disaster evacuation, and other facilities and services that the city may provide to enhance the health, safety and welfare of its citizens.
(Code 1997, § 19-1.3; Ord. No. 2007-52, § 19-1.3, 7-9-2007)
19-1.4.1.
Official zoning district map. The official zoning district map designates the location and boundaries of the various zoning districts established in this chapter within the city. The official zoning district map shall be kept on file in the office of the administrator and is available for public inspection during normal business hours.
19-1.4.2.
Incorporated by reference. The official zoning district map and all the notations thereon are hereby incorporated by reference and made part of this chapter.
19-1.4.3.
Zoning district boundaries. Unless otherwise specified, zoning district boundaries are lot lines or the centerline of streets, alleys, railroad rights-of-way, streams and rivers, or such lines extended. Where a zoning district boundary divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the more restrictive use by the adjustment of the boundaries by the administrator, provided that the boundary adjustment is a distance of less than 250 feet.
19-1.4.4.
Changes to zoning district map. Changes made in zoning district boundaries by the administrator or other matters portrayed on the official zoning district map shall be made in accordance with the provisions of this chapter (see subsection 19-2.3.2, amendments to text and zoning district map). Changes shall be entered on the official zoning district map by the administrator promptly after the amendment has been approved by the city council.
19-1.4.5.
Mapping disputes. The administrator shall have the authority to interpret the official zoning district map and determine where the boundaries of the different zoning districts fall, if in dispute (see subsection 19-2.3.15, interpretations by the administrator).
(Code 1997, § 19-1.4; Ord. No. 2007-52, § 19-1.4, 7-9-2007)
19-1.5.1.
General. The provisions of this chapter shall apply to all land, all land development, and the use of all structures on all lands and waters within the corporate limits of the city. The provisions of this chapter shall be considered the minimum standards necessary to promote and protect the public health, safety, morals, and general welfare.
19-1.5.2.
Application to governmental units. Except as stated herein, the provisions of this chapter shall apply to all land, all land development, and the use of all structures and land owned or held in tenancy by the city or its agencies or departments; by the state its agencies, departments or political subdivisions; and to the full extent permitted by law, the government of the United States, its agencies, departments or corporate services.
19-1.5.3.
No development until compliance with this chapter.
(A)
General. Except as specifically provided in this chapter, no structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, converted (change of use) or structurally altered without full compliance with the provisions of this chapter and all other applicable city, state and federal regulations.
(B)
Effect of permits. Development authorized by a permit shall not be carried out until the applicant has secured all other permits required by this chapter or any other applicable provisions of this Code and the S.C. Code of Laws. Further, the issuance of a permit does not ensure the subsequent approval of other applications for development approval unless the relevant and applicable portions of this chapter and other provisions are met.
19-1.5.4.
Exemptions.
(A)
Acquisition of interest in land by state for public purposes. The provisions of this chapter shall not require formal subdivision of land as a result of actions taken by the state and its political subdivisions to acquire land or interests in land for public rights-of-way and easements.
(B)
Emergency action by city. The city or city agencies or departments may be exempt from the provisions of this chapter when an emergency exists such that it is impossible to submit to the normal procedures and requirements of this chapter and quick and instant action is necessary to secure the public health, safety, or welfare. The city council shall ratify such exemption after the fact at its next regularly scheduled meeting, and shall base its ratification on specified findings of fact related to the emergency involved.
(C)
Homes for mentally or physically handicapped persons. Pursuant to S.C. Code 1976, § 6-29-770(E), the provisions of this chapter do not apply to a home serving nine or fewer mentally or physically handicapped persons if the home provides care on a 24-hour basis and is approved or licensed by a state agency or department or is under contract with the agency or department for that purpose. Pursuant to S.C. Code 1976, § 6-29-770(E), prior to locating a home for handicapped persons in the city, the appropriate state agency or department or the private entity proposing to operate the home shall first give prior notice to the city, advising of the exact location of the proposed home, and comply with the other requirements of that provision and state law.
(Code 1997, § 19-1.5; Ord. No. 2007-52, § 19-1.5, 7-9-2007; Ord. No. 2012-23, § 1, 4-9-2012)
19-1.6.1.
Conflicts with other city codes or laws. If the provisions of this chapter are inconsistent with one another or if the provisions of this chapter conflict with provisions found in other adopted codes or ordinances of the city, the more restrictive provision shall govern unless the terms of the provisions specify otherwise.
19-1.6.2.
Conflicts with private agreements. If the provisions of this chapter conflict with the provisions of private easements, covenants or restrictions, the stricter of the requirements shall apply. The city shall not be responsible for monitoring or enforcing private covenants and restrictions, although the city may inquire as to whether land is subject to covenants and restrictions during the review of development applications.
19-1.6.3.
Conflicts with state or federal law. If the provisions of this chapter are inconsistent with the law or regulations of the state or federal government, the more restrictive provision shall control to the extent permitted by law.
19-1.6.4.
Relationship to comprehensive plan and land use policies. It is the intention of the city council that this chapter implement the planning policies and comprehensive plan adopted pursuant to the provisions of S.C. Code 1976, § 6-29-510 et seq.
(Code 1997, § 19-1.6; Ord. No. 2007-52, § 19-1.6, 7-9-2007)
It is the legislative intent of the city council in adopting this chapter that all provisions shall be liberally construed to guide development in accordance with the existing and future needs of the city as established in this chapter and to promote the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the property owners and residents of the city. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and any section, subsection, sentence, clause and phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Code 1997, § 19-1.7; Ord. No. 2007-52, § 19-1.7, 7-9-2007)
19-1.8.1.
Effective date. The effective date of this chapter is January 1, 2008.
19-1.8.2.
Violations continue. Any violation of the previous zoning ordinance (chapter 50, zoning) and land development regulations (chapter 19, land development regulations) of the city shall continue to be a violation under this chapter pursuant to section 1-5 and shall be subject to the penalties and enforcement set forth in article 9-10, enforcement, and section 1-5, unless the use, development, construction, or other activity complies with the express terms of this chapter.
19-1.8.3.
Completion of development plans commenced or approved under previous ordinances.
(A)
Completed applications.
(1)
Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body or person prior to the effective date of the ordinance from which this chapter is derived, shall be reviewed and considered in accordance with either the provisions of the ordinance in place on the date of submittal or this chapter, at the applicant's option.
(2)
If the applicant elects to have the complete application reviewed under the provisions of the ordinance in place on the date of submittal, the application shall be processed in good faith and shall comply with any time frames for review. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this chapter.
(B)
Preliminary or final approval.
(1)
A development for which approval of a minor subdivision final plat, major subdivision preliminary plat, site plan permit, stormwater permit, planned development district, special exception permit, or variance permit was granted prior to the effective date of the ordinance from which this chapter is derived may be completed in accordance with the approved plat or development approval and any other approved permits and conditions, even if the development does not comply with one or more general development standards set forth in this chapter.
(2)
If the development for which preliminary or final approval was granted prior to the effective date of the ordinance from which this chapter is derived fails to comply with any time frames for development, the preliminary or final approval shall expire and future development shall be subject to the requirements of this chapter, consistent with the provisions of subsection 19-2.2.14.
(C)
Buildings or developments with previously issued building permits.
(1)
Any building or development for which a building permit was granted prior to the effective date of the ordinance from which this chapter is derived shall be permitted to proceed to construction even if such building or development does not conform to the provisions of this chapter.
(2)
If the development for which the building permit is issued prior to the effective date of the ordinance from which this chapter is derived fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall be subject to the requirements of this chapter.
(Code 1997, § 19-1.8; Ord. No. 2007-52, § 19-1.8, 7-9-2007; Ord. No. 2013-66, exh. A(19-1.8), 10-28-2013)
(A)
It shall be the general policy of the city to assist, when deemed necessary, with the cost of construction of sanitary sewer lines required as a result of annexation. Any participation in cost agreed upon by the city shall be limited to bringing the sewer service to the property line of the annexed land. Each annexation shall be reviewed on its own merits, and the city's share of the sewer cost shall be subject to negotiation between the city and the landowner and/or developer. There may be times when an annexation increases the value of the land to the point where the city's participation will be deemed unwarranted.
(B)
If the city decides to participate, the developer will be required to pay for the full cost of the sewer construction up front. The city's reimbursement to the developer will be determined by the annual increase in taxes after the sewer line is completed. The city's reimbursement will be equal to those annual increases in taxes until its agreed-upon portion is fully paid.
(C)
It is recognized that each annexation involves many factors, and that this policy is general in nature to allow the city to review annexations on their individual merits.
(Code 1997, § 19-1.9; Ord. No. 2007-90, § 1, 12-10-2007)
The following rules shall apply for construing or interpreting the terms and provisions of this chapter:
19-1.10.1.
Meanings and intent. All provisions, terms, phrases, and expressions contained in this chapter shall be construed according to the general purposes set forth in section 19-1.3 and the specific purpose statements set forth throughout this chapter. When a specific section of this chapter gives a different meaning than the general definition provided in this article, the specific section's meaning and application of the term shall control.
19-1.10.2.
Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this chapter and any heading, caption, figure, illustration, table, or map, the text shall control.
19-1.10.3.
Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language, are intended to provide examples and are not exhaustive lists of all possibilities.
19-1.10.4.
Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the city. References to days are calendar days unless otherwise stated.
19-1.10.5.
References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.
19-1.10.6.
Delegation of authority. Any act authorized by this chapter to be carried out by the administrator may be carried out by a designee of the administrator.
19-1.10.7.
Technical and nontechnical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
19-1.10.8.
Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the city, unless otherwise indicated.
19-1.10.9.
Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
19-1.10.10.
Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(A)
The term "and" indicates that all connected items, conditions, provisions or events apply; and
(B)
The term "or" indicates that one or more of the connected items, conditions, provisions or events apply.
19-1.10.11.
Tenses, plurals, and gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
(Code 1997, § 19-11.1; Ord. No. 2007-52, § 19-11.1, 7-9-2007)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abut, abuts, or abutting means, in general, to share a common boundary, or to be contiguous, with an adjoining parcel of land, regardless of whether there is an intervening road, alley, easement, right-of-way, common area, detention pond, or utility line. However, when used in the context of development standards adjacent to a single-family detached use, abut, abuts, or abutting means to share a common boundary, or to be contiguous, with an adjoining parcel of land, excluding any intervening road, alley, easement, right-of-way, common area, detention pond, or utility line.
Accessory equipment means any equipment installed and owned by a third party used in connection with the delivery of a service (other than a communications service) to a wireless communications facility, such as an electric meter.
Accessory structure means a detached subordinate structure, the use of which is incidental to, and customarily associated with, the principal structure and located on the same lot as the principal structure.
Accessory use means a use of land or building (or a portion thereof) that is subordinate to, and customarily associated with, the principal use.
Adaptive reuse means the process to reconfigure or remodel an existing building and accommodate a new use or a new purpose other than original.
Addition means a new structure on a site with an existing structure, or a new component to an existing structure, which causes an extension or increase in floor area or height of a building or structure.
Adjacent. See Abut.
Administrator means the person or persons designated by the city manager to interpret, implement, and enforce all or portions of this chapter.
Airport means the Downtown Municipal Airport of Greenville, South Carolina, located east of the city in a quadrant formed by U.S. Highway 291 on the west, Laurens Road on the south, Haywood Road on the east, and Interstate Highway 385 on the north.
Airport elevation means the highest point of an airport's useable landing area, measured in feet from mean sea level.
Airport hazard means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.
Airport/landing strip means any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft. This use type is regulated under the "transportation terminals" use category in article 19-4, use regulations.
Alley means a low volume secondary route providing rear or side access to properties otherwise abutting a street.
Alteration means any horizontal or vertical enlargement of a building or structure or a change to the exterior architectural features of a structure.
Antenna means communications equipment that transmits, receives or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services; or similar equipment used for the transmission or reception of surface waves.
Appeal means a request for review of an administrative official's or decision-making body's interpretation or decision made under this chapter.
Applicant means the landowner of record or a person, business or organization having rights in contract in a subject property or their designated representative.
Art, dance, or photography studio or gallery means work space for artists or artisans, including persons engaged in the application, teaching, or performance of fine arts such as, but not limited to, drawing; dance; vocal or instrumental music; painting; sculpture; and, writing. This definition includes galleries for the display of visual arts but does not include theaters.
Artisan production establishment means the use of land, confined within an enclosed building, engaged in the design and production by carving, painting, casting, or assembling of component parts of finished products which are:
(A)
Customarily used in residences, offices, restaurants, or retail establishments;
(B)
Intended to have an aesthetic and artistic appeal in addition to a functional use; and
(C)
Produced either one-at-a-time or in small lots. The use may include a show room and retail sales of the products.
The use does not emit vibrations, noises, odors, or dangerous gases.
As-built plan means the construction plans with any field changes identified and shown on the plan.
Automobile parts store means the use of any land area for the display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Automobile rental and sales means premises on which new or used passenger automobiles, trailers, or trucks in operating condition are displayed for sale, lease, or rental. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Automobile repair means general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body and fender work, framework, welding, and painting service. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Automobile servicing means the replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission, or differential; and oil change and lubrication. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Automobile tire store means the use of any land area for the display, sale, and installation of new or used tires for automobiles, trailers, or trucks.
Automobile wash and detailing means the use of a site for washing, cleaning, and detailing of passenger vehicles, recreational vehicles, or other light-duty equipment. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Bank or financial institution means an establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. This classification includes automated teller machines (ATMs) but does not include check-cashing facilities and bail bond brokers. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Banner means a sign having copy applied to paper, cloth, vinyl or other similar material with only such nonrigid material for backing.
Bar means an establishment having as its principal use the serving of beer, wine, or liquor for consumption on the premises. Sandwiches, light meals, snacks, and/or full service meals are available for consumption on the premises but are not the principal use of the establishment. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Barbershop, beauty shop or spa means an establishment engaged in the provision of personal services including haircutting and styling, skin health, facial aesthetics, foot care, nail manicures, aromatherapy, steam baths, mud baths, massage, aromatherapy, and other similar recreational health services for women and men. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Bas relief means a sculptural feature on a building wall in low relief, in which the forms project slightly from the background but no part is completely detached from the wall.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as either the "100-year flood" or the "one percent AEP."
Base flood elevation (BFE) means the highest predicted flood elevation of a stream during the 100-year flood or the one percent AEP event.
Base station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:
(a)
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul;
(b)
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks); provided that, wireline connections in the rights-of-way linking antennas to other elements of a small cell, DAS or similar network will not be treated as part of the wireless communications facility and instead their placement shall be subject to review consistent with applicable provisions of the Greenville City Code governing right-of-way use, and placement of utility facilities; the applicable franchise; and South Carolina law; or
(c)
Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses the aforementioned equipment that has been reviewed and approved for placement of such equipment under the city's zoning process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. However, for structures other than towers that support equipment described above in this definition, including but not limited to the sides of buildings, water towers, or utility poles, the term includes only that portion of a structure specifically approved to support the wireless equipment described above, and only relates to activities necessary to permit the installation, maintenance, replacement or collocation of wireless equipment described in the preceding paragraph. The exemption of a structure from review is not an approval.
Basement means a story having not less than one-half its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for business or dwelling purposes.
Bed and breakfast inn means an owner-occupied dwelling having ten or fewer guest rooms where overnight accommodations and a morning meal are provided to transients for compensation. This use type is regulated under the "visitor accommodations" use category in article 19-4, use regulations.
Berm means an earthen mound formed to shield undesirable views, decrease noise, or add topographical interest.
Blank masking means the portion of a sign face without copy.
Block means a parcel or group of parcels of land entirely surrounded by public or private streets or alleys.
Block face means a representational group of properties that face one side of a logical street section, such as a section between two intersecting streets.
Boardinghouse means a building other than a use classified as "visitor accommodations" where, for compensation and by prearrangement for definite periods, lodging or lodging and meals are provided for three or more persons. This use type is regulated under the "group living" use category in article 19-4, use regulations.
Bodily fluid collection establishment means a business or other use that pays compensation for the collection of blood or other bodily fluids. Blood donation establishments and sites, such as the American Red Cross, are not included in this definition.
Body piercing means the creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow, but does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.
Brewery, winery, or distillery means a facility where beer, wine, liquor, or other alcoholic spirits are manufactured for wholesale distribution. This does not include establishments manufacturing these products for on-site distribution accessory to permitted principal uses like restaurants or bars and where no wholesale trade takes place. This use type is regulated under the "manufacturing and production" use category in article 19-4, use regulations.
Buffer means open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another.
Buffer yard means the designated area used to soften the impact of dissimilar land uses and provide screening to satisfy the requirements of this chapter.
Building means Any structure having a roof supported by columns or walls and which is designed for shelter, storage, or enclosure of persons, animals, or property of any kind.
Building setback line means A line establishing the minimum allowable distance between the nearest portion of any building and the property line when measured parallel thereto.
Business school means A specialized instructional establishment that provides on-site training of business, commercial, or trade skills, such as accounting, data processing, and computer repair. This use type is regulated under the "educational facilities" use category in article 19-4, use regulations.
Caretaker's residence means An accessory use which, due to the nature and operating characteristics of the principal use, may be authorized for residential occupancy to provide security and safekeeping of the principal use.
Casino or gambling establishment means Any business, regardless of primary use, having within a single structure the operation for gambling purposes of more than five player stations for machines that are subject to licensing under S.C. Code 1976, § 12-21-2720(A)(3). The term "casino" or "gambling establishment" shall also mean any two or more establishments having such machines, regardless of number, and located within 100 feet of each other when the licenses for such establishments are issued to the same person or to a business entity having the same principals. This use type is regulated under the "retail sales and services" use category in article 19-4, use regulations.
Cemetery, columbarium, mausoleum means a place used for the internment of human or animal remains or cremated remains, including a cemetery for earth internments, a columbarium for cinerary internments, a mausoleum for vault internments, or a combination thereof. This use type is regulated under the "parks and open areas" use category in article 19-4, use regulations.
Certificate of appropriateness means a document issued by the administrator, following a prescribed review procedure, certifying that the proposed actions by the applicant are found to be acceptable in terms of design criteria relating to the individual property and the preservation district.
Check-cashing establishment means a use other than a bank or financial institution that cashes checks, drafts, and money orders for a fee, service charge, or other consideration regulated pursuant to the provisions of S.C. Code 1976, title 34, chapter 41.
City means the City of Greenville, South Carolina.
Civic club means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests. There are no sleeping facilities and they are also called a "lodge." This definition shall not include fraternities or sororities. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Cluster subdivision means a form of residential subdivision that permits housing units to be grouped on sites or lots with dimensions, frontages, and setbacks reduced from conventional sizes, provided the density of the tract as a whole shall not exceed the density allowed by the district under existing regulations and the remaining land area is devoted to common open space.
College or university means an institution other than a business/vocational school that provides full-time or part-time education beyond high school. This use type is regulated under the "educational facilities" use category in article 19-4, use regulations.
Columbarium. See Cemetery, columbarium, mausoleum.
Commercial message means any wording, logo, or other representation that directly or indirectly names, advertises, or directs attention to business operations (profit or nonprofit), or to a product, service, sale or sales event, or to any other commercial interest or activity.
Commercial vehicle means any propelled or nonpropelled vehicle designed or used for commercial purposes.
Common open space means land and/or water within or related to a cluster residential development, not individually owned, which is designed and intended for the common use or enjoyment of the residents of the development or the public which may contain such accessory structures and improvements as are necessary and appropriate for recreational purposes and utilities. A condition of the cluster residential development approval shall be that common open space may not be further subdivided.
Communication tower, freestanding means a structure erected on the ground and used primarily for the support of broadcast and/or receiving equipment and utilized by commercial, governmental, or other public or quasi-public users. A communication tower includes structures supporting equipment used in the provision of personal wireless services, but does not include private home use of satellite dishes and television antennas or amateur radio operators as licensed by the Federal Communications Commission. This use type is regulated under the "utilities" use category in article 19-4, use regulations.
Communication tower, roof-mounted means a structure placed on a building used primarily for the support of broadcast and/or receiving equipment and utilized by commercial, governmental, or other public or quasi-public users. A communication tower includes structures supporting equipment used in the provision of personal wireless services, but does not include private home use of satellite dishes and television antennas or amateur radio operators as licensed by the Federal Communications Commission. This use type is regulated under the "utilities" use category in article 19-4, use regulations.
Community center means a building to be used as a place of meeting, recreation, or social activity and not operated for profit and in that neither alcoholic beverages nor meals are normally dispensed or consumed. This use type is regulated under the "community service" use category in article 19-4, use regulations.
Community garden means a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. This use type is regulated under the "parks and open areas" use category in article 19-4, use regulations.
Community park. See Park, community.
Comprehensive plan means the city's comprehensive plan, developed by the planning commission and adopted by the city council intended to guide the physical development of the city, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
Concealment element means any design feature, including but not limited to painting, landscaping, shielding requirements and restrictions on location, proportions, or physical dimensions in relation to the surrounding area or supporting structures that are intended to make a wireless communications facility or any supporting structure supporting it less visible to the casual observer.
Condominium means a type of development in which the dwellings, offices, floor area, etc., are owned individually and the structure, common area, and joint facilities are owned by all of the individual owners on a proportional and undivided basis.
Construction means any preparation, building, or erection of a structure.
Contractor's materials means wholesaling, retailing, or rental of building supplies or equipment. This use type includes lumberyards, tool and equipment sales or rental establishments, and building contractor's yards. This use type is regulated under the "wholesale sales" use category in article 19-4, use regulations.
Contractor's office with on-site storage means a room or group of rooms used for conducting the affairs of business for a builder, contractor, subcontractor, or similar, that includes storage facilities on the premises. This use type is regulated under the "industrial services" use category in article 19-4, use regulations.
Convenience store means a general retail store that sells goods and services and that may include the sale of ready-to-eat food products (not intended for on-premises consumption), gasoline, groceries, and sundries. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Convention center means a facility designed and used to accommodate 300 or more persons for conventions, conferences, seminars, product displays, recreation activities, entertainment functions, and similar activities. Accessory functions include temporary outdoor displays and food/beverage preparation and service for on-premises consumption.
Copy means all words, letters, numbers, figures, characters, artwork, symbols, or insignia that are displayed on a sign face.
Cornice means a prominent, continuous, horizontally projecting feature found at the top of a wall, under the eave of a roof, above an entrance, or projecting outwards from a wall's surface.
Cottage subdivision means a group of single-family homes built in close proximity to one another fronting a central green or lawn with additional land around the homes owned in common by the residents of the development.
County means the County of Greenville, South Carolina.
Critical root zone means the minimum area beneath a tree that must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is typically represented by a concentric circle centering on the tree trunk with a radius equal in feet to one times the number of inches of the trunk diameter: (CRZ in ft = 1 x diameter inches).
Cul-de-sac means a local street having one end open to traffic and being permanently terminated by a vehicular turnaround.
Curb lawn means the vegetated portion of a street section between the outside edge of the curb and the inside edge of the sidewalk.
Day care center (13+ people) means a facility providing care for 13 or more children or adults who do not reside in the facility, are present primarily during daytime hours, do not regularly stay overnight, and that may include some instruction. This use type is regulated under the "day care" use category in article 19-4, use regulations.
Day care home (six or fewer people) means a home occupation (accessory use) in which a permanent occupant of the dwelling provides for the care of up to six children or adults. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults. Those receiving care and who are not dependents of the occupant do not reside on the site. This use type is regulated under the "day care home" use category in section 19-4.4, accessory uses and structures.
Day labor service agency means a place where assignments for employment are made, regularly characterized by the following: the daily gathering of job seekers; at least some of the job seekers must be physically present to receive and accept a work assignment which is typically daily in duration or for some other short period of time; the work assignments are carried out off-site, oftentimes with transportation made available or otherwise facilitated by the agency; the work assignments typically do not include secretarial, clerical or professional services; and wages are typically paid on a daily basis upon request.
Dealers in precious metals means a person, corporation, or partnership who, as a principal use, buys precious metal or precious or semiprecious stones or gems from the general public, whether in bulk or in manufactured form, with an intent to obtain a monetary profit for himself or for a principal, as regulated by S.C. Code 1976, § 40-54-10 et seq.
Deferred presentment lender means a business or use that regularly accepts a check from a borrower drawn on the borrower's bank account to be presented for payment at a later date and that charges a fee for the service such as those regulated under S.C. Code 1976, title 34, chapter 39.
Demolition means the razing of any structure, in whole or in part, including its ruin by neglect of maintenance or repairs.
Department or discount store means a business that is conducted under a single owner's name in which a variety of unrelated merchandise and services are housed, enclosed, exhibited, and sold directly to the consumer. This use type is regulated under the "retail sales and services" use category in article 19-4, use regulations.
Design and specification manual means the manual approved by the planning commission outlining the procedures and criteria by which designers and the administrator design and evaluate utilities, streets, storm drainage and other improvements required by this chapter.
Designer means a person permitted to prepare plans and studies required by this chapter.
Detention center means a facility for the judicially required detention or incarceration of people, where inmates and detainees are under 24-hour supervision by sworn officers, except when on an approved leave. Provided that the use otherwise complies with this definition, a detention center may include, by way of illustration, a prison, jail, probation center, or juvenile detention home. Detention centers do not qualify as group living facilities. This use type is regulated under the "government facilities" use category in article 19-4, use regulations.
Developable acreage (as it pertains to cluster developments) means land that is located outside of designated floodplains and has a slope of less than 30 percent.
Developed land use conditions means the land use conditions reflected on the current city zoning map or a proposed development plan.
Developer means any person who acts on his own behalf, or as an owner or as an agent for an owner of property, and who makes application for the permit necessary to disturb land or vegetation.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, subdivision of land; construction or alteration of structures, roads, utilities, and other facilities; installation of septic systems; mining, dredging, grading, paving, excavation or drilling operations; deposit of refuse, debris, or fill materials; and, clearing of natural vegetative cover.
Diameter at breast height (DBH) means tree DBH is the outside bark diameter at breast height. Breast height is defined as 4.5 feet above the forest floor on the uphill side of the tree.
Direct glare means the effect causing visual discomfort resulting from insufficiently shielded light sources in the field of view.
Direct illumination means the center of a beam or main beam angle of a lighting fixture.
District means one of any number of continuous and contiguous geographic areas within which the provisions and regulations of this chapter apply uniformly to each class or kind of structure or land.
Dormer means a roof-mounted structural element with a gable roof and a window at its outer end that projects from a sloping roof of a building.
Dormitory means a building intended or used principally for sleeping accommodations where such building is related to an educational or public institution, including religious institutions. This use type is regulated under the "group living" use category in article 19-4, use regulations.
Drainage is a general term applied to the removal of surface or subsurface water from a given area either by gravity, natural means, or by systems constructed to remove water.
DRB means the design review board.
Drive-in restaurant means an establishment designed, in whole or in part, to accommodate the ordering and consumption of food and/or beverage in automobiles parked on the premises of such establishment in contradistinction to a restaurant with a drive-through window. This use type is regulated under the "eating establishments" use category in article 19-4, use regulations.
DRP means the design review panels.
Dwelling, duplex means a residential building containing two dwelling units located on a single lot. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, multiple-family means a residential building containing three or more dwelling units located on a single lot. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, multiple-family (high-rise) means a building containing three or more dwelling units and that exceeds five stories. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, single-family means a building used exclusively as a place of residence for one family. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, single-family attached means two or more single-family dwelling units located on separate lots each with its own outside entrance which are joined together by a common party wall or connecting permanent structures such as breezeways, carports or garages. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, single-family detached means a residential building containing not more than one dwelling unit and not physically attached to any other principal structure, specifically excluding manufactured homes. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling unit means a building or portion of a building designed and used as independent living facilities for a single household and that includes permanent provisions for living, sleeping, cooking, eating, and sanitation.
Dwelling, upper story means a dwelling unit located on the second floor or higher of a building and usually located above a ground floor commercial use. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Easement means a grant or reservation of one or more property rights by the owner of land for the use of such land by others.
Elevated building means a building without a basement built to have its lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts or piers), shear walls, or breakaway walls.
Eligible facilities request means a request for modification of an existing tower or base station that does not involve a substantial change in the physical dimensions of such tower or base station, involving: collocation of new transmission equipment; removal of transmission equipment, or replacement of transmission equipment.
Eligible support structure means any tower or base station provided it was in existence at the time the relevant application is filed with the city under this ordinance.
Emergency response facility means a building or portion of a building used for police, fire, and/or medical equipment and personnel. This use type is regulated under the "government facilities" use category in article 19-4, use regulations.
Employee, as used in the context of a sexually oriented business, means a person who works for or performs in and/or for a sexually oriented business, regardless of whether or not the person is paid a salary, wage, or other compensation by the operator of the business.
Equipment compound means an area surrounding or near the base of a wireless support structure within which are located wireless communications facilities.
Establishment means As used in the context of a sexually oriented business, any of the following:
(A)
The opening or commencement of any such business as a new business;
(B)
The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this article;
(C)
The addition of any of the sexually oriented businesses to any other existing sexually oriented business; or
(D)
The relocation of any such sexually oriented business.
Event venue means a facility designed and used to accommodate fewer than 300 persons for conventions, conferences, seminars, product displays, recreation activities, entertainment functions, and similar activities. Accessory functions include temporary outdoor displays and food/beverage preparation and service for on-premises consumption.
Existing support structure means a freestanding structure, other than a tower, upon which wireless communications facilities are already affixed at the time an application is received for placement of a wireless communications facility.
Extended advertising space means the area on Type I outdoor advertising signs that extends beyond the normal rectangular shape of the sign face.
Exterior architectural feature means the general architectural arrangement of such portion of the exterior of any structure or the site improvements related thereto, or both, including, but not limited to:
(A)
The kind, color, and texture of the building material of such portion so open to view.
(B)
The type and design of all windows, doors, lights, signs, walls, fences and other fixtures appurtenant to such portion.
(C)
The location, adequacy and treatment of any vehicular access to such structure and so open to view.
Extraneous information means as it relates to signs, extraneous information is data that does not identify the name of the person or entity, its essential function, and its street address.
Fall zone means the area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
Family means a person living alone, or a group of people, including domestic employees, living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, eating and sanitary facilities as distinguished from a group occupying a boardinghouse or other group living facility or visitor accommodations.
Fee, generally, means the monetary amount charged by the city for processing and review of an application for development under this chapter.
Financial institution. See Bank or financial institution.
Flag, advertising means a flag displaying the name, insignia, emblem, or logo of a profit-making entity.
Flag, governmental means a flag displaying the name, insignia, emblem, or logo of any nation, state, municipality or noncommercial organization.
Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or surface waters from any source.
Flood hazard boundary map (FHBM) means an official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the special flood hazard areas.
Flood insurance rate map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.
Flood light means any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more thank one foot during the 100-year flood.
Floodway fringe means the area between the floodway and the boundary of the 100-year flood.
Floor means as used in this chapter, any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof.
Footcandle (FC) means a quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot.
Footprint means the area of land surface on the site that will be covered by the planned building. It shall equal the outside dimensions of the structures depicted on the plans used by the builder or contractor.
Fortune telling means a use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune telling shall be limited to uses where the fortune is told through astrology, augury, card or tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic medium ship, necromancy, palmistry, psychometry, phrenology, prophecy, spiritual reading or any similar means. Fortune telling does not include forecasting based on historical trends or patterns, religious dogma, or any of the previously listed arts when presented in an assembly of people who purchase tickets or means in exchange for the presentation at a site licensed for such purpose.
Frontage means the distance between the side lot lines measured at the street right-of-way.
Full cutoff fixture means an outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.
Golf course means a large unobstructed acreage with at least nine holes for playing a game of golf which is available for public use and may be improved with tees, greens, fairways, and hazards. This use type is regulated under the "parks and open areas" use category in article 19-4, use regulations.
Grade means a reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot lines or between the building and a point six feet from the building, whichever is closer to the building.
Grading means altering surfaces to specified elevations, dimensions, and/or slopes; includes stripping, cutting, filling, stockpiling, and shaping, or any combination thereof.
Grocery store means a retail establishment that primarily sells food, but may also sell other convenience and household goods. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Gross floor area means the total horizontal area of all floors of a building, including interior balconies and mezzanines, measured from the interior faces of the exterior walls of a building.
Group day care home (seven to 12 people) means a dwelling in which a permanent occupant of the dwelling provides for the care of a minimum of seven and a maximum of 12 children or adults. Those receiving care do not reside on the premises, are not related to the occupant or to each other by blood or marriage, and are not the legal wards or foster children of the attendant adults. This use type is regulated under the "day care" use category in article 19-4, use regulations.
Group home means an establishment where four or more persons, not regularly employed due to age or disability and not related by blood or marriage to the owner or operator of such an establishment, are lodged, kept or temporarily confined, whether such persons be supported by charity or fees charged therefore, as opposed to a rooming house or boardinghouse. This use type is regulated under the "institutions," or in some cases the "household living," use category in article 19-4, use regulations.
Health club means a building or portion of a building designed and equipped for the conduct of sports, exercise, or other customary and usual recreational activities. It may be operated for profit or not-for-profit and may be open only to bona fide members and guests of the organization or open to the public for a fee. This use type is regulated under the "retail sales and services" use category in article 19-4, use regulations.
Heavy equipment sales or rental means the display, sales, or rental of products and services outside of a building or structure, including, but not limited to, farm and construction equipment. This use type is regulated under the "industrial services" use category in article 19-4, use regulations.
Heavy manufacturing. See Manufacturing, heavy.
Height of building means the vertical distance from the grade to either the highest point of the coping of a flat roof; the deck line of a mansard roof; or the midpoint of the roof between the ridge line and the eave line.
Heliport means an area used or intended to be used for the landing and takeoff of helicopters, including operations facilities such as maintenance, loading and unloading, storage, fueling, or terminal facilities. This use type is regulated under the "transportation terminals" use category in article 19-4, use regulations.
Heritage tree means any tree having a DBH of 20 inches or more that is located on either public or private property and within a required setback, and any understory or ornamental tree having a DBH of ten inches or more in diameter that is located on either public or private property and within a required setback.
Highway means a street or traffic way serving and designated as a state or United States route.
Historic tree means any tree having a DBH of 30 inches or more that is located on either public or private property and within a required setback, and any understory or ornamental tree having a DBH of 20 inches or more in diameter that is located on either public or private property and within a required setback.
Home occupation means an occupation, profession, or trade customarily and commonly carried out by an occupant in a dwelling unit as an accessory use which is clearly incidental and subordinate to the principal residential use.
Homeowners' association means a private nonprofit association which is organized by the developer or land owners of a residential development in which individual owners share common interests in open space and/or facilities and are responsible for preserving, managing, and maintaining the common property and enforcing certain covenants and restrictions.
Hospital means an establishment providing physical or mental health services with overnight accommodations for the sick and injured, including as an integral part of the establishment-related facilities such as laboratories, outpatient facilities, training facilities, and medical offices. This use type is regulated under the "health care facilities" use category in article 19-4, use regulations.
Hotel or motel means a building or group of buildings containing individual sleeping or living units designed for temporary occupancy of persons who, for compensation, are lodged with or without meals. This use type is regulated under the "visitor accommodations" use category in article 19-4, use regulations.
Household means a family living together in a single dwelling unit with common access to and common use of all living and eating areas and facilities for the preparation and serving of food within the dwelling unit.
IESNA means the Illuminating Engineering Society of North America, a nonprofit professional organization of lighting specialists that has established recommended design standards for various lighting applications.
Impervious surface means a natural or manmade substance covering a lot or site that is not porous and does not accept rain or surface water.
Indoor entertainment facility means an establishment having as its principal or predominant use the offering of participatory or spectator entertainment and which may sell alcohol for consumption on the premises. Sandwiches, light meals, snacks, and/or full service meals are available for consumption on the premises but are not the principal or predominant use of the establishment. Examples include, without limitation, cinemas, theaters, arcades, coliseums, and bowling alleys. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Internal refractive lens means a glass or plastic lens installed between the lamp and the sections of the outer fixture globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the light source thereby reducing direct glare.
Irrigation system means a device or combination of devices having a hose, pipe, or other conduit installed in the landscape which transmits city water, through which device or combination of devices city water or a mixture of city water and chemicals is drawn and applied to residential or commercial lawns, landscapes or greenspace.
Junk and salvage yard means any use involving storage and/or sale of disused, dismantled, or wrecked vehicles, equipment or machinery or the storage or processing of scrap metal, wastepaper, rags, wastes, construction wastes, industrial wastes or other scrap, salvage, waste or junk materials. This use type is regulated under the "waste-related services" use category in article 19-4, use regulations.
Kennel means a facility where four or more dogs, cats, or other animals over three months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed. Such facilities may be entirely indoors or may have both indoor and outdoor components. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Lamp means the component of a luminaire that produces the light.
Land means any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the city.
Land-disturbing activity means any activity involving the clearing, cutting, excavating, filling, or grading of land or any other activity that alters land topography or vegetative cover.
Landing strip. See Airport/landing strip.
Landmark means any physical feature or site or improvement designated by the appropriate Design Review Board (DRB) panel in accordance with section 19-2.3.20 as a physical feature or improvement, which, in whole or part, has historical, social, cultural, architectural or aesthetic significance to the city, the state, the region, or the nation; and meets the eligibility requirements as set forth in section 19-2.3.20.
Landscape nursery means the growing, storage, and sale of garden plants, shrubs, trees, or vines for resale, including incidental retail sales conducted from within a building not exceeding 20 percent of the combined wholesale and retail sales volume during any year. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Landscape plan means a site plan depicting planned locations of trees, shrubs, lawns, and other landscaping that will be established on the site.
Landscaping means that aspect of property which is used to support the growth and maintenance of vegetation, whether of woody or herbaceous species, and which can include any variety of natural or artificially propagated species of plants. Such aspect shall not be unkempt or abandoned property that is predominantly covered with noxious weeds, but may contain fences, walls, or berms.
Level of service (LOS) means qualitative measures that characterize operational conditions within a traffic stream and their perception by motorists and passengers. The descriptions of individual levels of service characterize these conditions in terms of such factors as speed and travel time; freedom to maneuver; traffic interruptions; and comfort and convenience. Six levels of service are defined by the highway capacity manual for signalized intersections based upon available procedures. They are assigned letter designations from A to F, with LOS "A" representing the best operating conditions and LOS "F" as the worst.
Library means a public facility for the use, but not sale, of literary, musical, artistic, or reference materials. This use type is regulated under the "community service" use category in article 19-4, use regulations.
Light manufacturing. See Manufacturing, light.
Light pole means a structure that is designed specifically for and used to provide lighting.
Light source means the element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.
Light trespass means effects of light that stray from the intended purpose and becomes an annoyance, a nuisance, or a determent to visual performance. As such, light trespass should always be considered negative, unlike spill light, which can have positive or negative attributes. Light trespass is the encroachment of light causing annoyance, loss of privacy, or other nuisance.
Liquor store means a place of business licensed by the state alcoholic beverage commission exclusively for the retail sale of alcoholic beverages, excluding beer and wine, in original packages for consumption off the premises where sold. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Loan broker means a business or use that regularly assists consumers in finding a lending establishment, other than the broker itself, in consideration of a fee.
Lot means a parcel of land defined by plat or by metes and bounds description that has been legally recorded in the office of the county register of means conveyance. The term "lot" includes the term "plot."
Lot, corner means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost points of the lot (or an extension of the lot where it has been rounded by a street radius) meet an interior angle of less than 135 degrees.
Lot, double frontage means a lot that extends through a block having frontage on two streets that do not intersect at the boundary of the lot. A corner lot shall be considered having double frontage if it has access on three or more sides.
Lot, flag means an interior lot located behind another lot that has a narrow strip of land that runs along one side of the front lot to provide access to the public street. A panhandle or pipe stem lot is considered a flag lot.
Lot of record means a lot that exists as shown or described on a plat or deed in the records of the county register of mesne conveyance.
Lot remnant means lots below minimum area and width left over after subdividing tracts of land.
Lot width means the distance between the side lot lines at the front setback line as measured along a line parallel to the front lot line or parallel to the chord thereof.
Lowest finished floor means the lowest finished floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage located in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of this section.
Lumen means a unit of luminous flux.
Luminaire means a complete lighting system, including a lamp and a fixture.
Luminaire, full-cutoff means a luminaire where no light occurs above the horizontal plane and no more than ten percent of the lamp lumens occur above 80 degrees.
Luminaire, semi-cutoff means a luminaire where less than five percent of the lamp lumens occur above the horizontal plane.
Maintenance, storage, and distribution facility means a use conducted by the city or another governmental entity to provide for the operation and maintenance of public facilities and infrastructure. This use type is regulated under the "government facilities" use category in article 19-4, use regulations.
Manufactured home means a structure that is transportable in one or more sections built on a permanent chassis and designed to be used with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Mobile Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. Sales or storage lots for unoccupied manufactured homes are not considered to be manufactured home parks. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Manufacturing, heavy means a use engaged in the in the mechanical or chemical transformation of materials or substances into new products, including the assemblage of component parts, the creation of products, and the blending of materials. Heavy manufacturing includes those uses that produce noise, odor, vibration, dust, or hazard discernible beyond the property. Examples include, but are not limited to, refining or initial processing of raw materials, rolling, drawing, or extruding of metals; and log decking, storage, and ponding. This use type is regulated under the "manufacturing and production" use category in article 19-4, use regulations.
Manufacturing, light means manufacturing uses that do not produce odor, vibration, dust, or hazard discernible beyond the property. Examples include, but are not limited to, assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item. This use type is regulated under the "manufacturing and production" use category in article 19-4, use regulations.
Masonry wall means a structural wall to be built with stone, brick, or other natural or similar material.
Marquee means a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building.
Mausoleum. See Cemetery, columbarium, mausoleum.
Mean sea level means the average height of the sea for all stages of the tide.
Medical facility means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, and visitors. This use type is regulated under the "health care facilities" use category in article 19-4, use regulations.
Micro wireless facility means a small wireless facility that meets the following qualifications:
(a)
Is not longer in dimension that 24 inches in length, 15 inches in width, and 12 inches in height; and
(b)
Any exterior antenna that is no longer than 11 inches.
Mobile food unit means any vehicle, trailer, or other movable motorized or non-motorized structure that is used for the sales of food and beverages to the general public. This enterprise is generally classified within the "restaurant with no seating" use type within the "eating establishments" use category in article 19-4, use regulations.
Modular building unit means any building or building component of closed construction, regardless of the type of construction or occupancy classification and other than a manufactured home, constructed off-site in accordance with the South Carolina Modular Building Construction Act and Rules and Regulations and transported to the point of use for installation or erection.
Monopole means a single, freestanding pole-type tower designed to support one or more wireless communications facilities; a monopole is not a utility pole or a light pole.
Mortuary means an establishment engaged in undertaking services such as preparing the dead for burial or cremation and arranging and managing funerals. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Motel. See Hotel or motel.
Mulch means 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.
Multiple-family dwelling. See Dwelling, multiple-family.
Multiple-family dwelling (high-rise). See Dwelling, multiple-family (high-rise).
Multi-stem tree means where three or more main stems arise from the ground from a single root crown or at a point just above the root crown and a tree whose mature height can be expected to exceed 15 feet and whose crown spread can be expected to exceed ten feet.
Museum means a building having public significance by reason of its architecture or former use or occupancy, or a building serving as a repository for a collection of natural, scientific, cultural, or literary curiosities or objects of interest or works of art and designed to be used by members of the public for loaning or viewing, with or without an admission charge. This use type is regulated under the "community service" use category in article 19-4, use regulations.
National Geodetic Vertical Datum (NGVD) means the reference points established by the National Geodetic Survey based on mean sea level, as correct in 1929.
Nearly nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting belts, strips of cloth, straps or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that the effect of achieved by such appearance is approximately the same as viewing nudity.
Neighborhood park. See Park, neighborhood.
Niche means An alcove or three-sided enclosure on a building's exterior wall.
Nightclub means an establishment, whether public or a private club, including cocktail lounges, etc., serving to a predominantly adult clientele and whose primary business is the sale of alcoholic beverages, including beer and wine, for consumption on the premises in conjunction with dancing or live performances. The purchase of food is at the option of the customers and not required by the operator. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
No-build use easement means the portion of an individual building lot within a cottage subdivision that is owned in fee simple by one home owner, but that is subject to an easement that allows an adjacent owner to use the land in conjunction with their own adjacent private yard.
Node site license means a site-specific approval for the installation of a wireless communications facility, including the structure supporting same, at a particular location with the public rights-of-way regardless of the type of support structure or pole utilized.
Nonconforming is a term applied to lots, structures, and uses of land which were lawful before the adoption of this chapter, or before the passage of an amendment to this chapter, but which are prohibited by, or which are not in compliance with, the requirements of this chapter.
North American Vertical Datum (NAVD) means the datum points established at the Pointe-au-Pere on the Saint Lawrence River, Quebec Provence, Canada, based upon the mass or density of the earth. The datum listed as a reference on the community FIRMs and required to be used for elevation certificates and floodproofing certificates.
Nude, nudity, and state of nudity.
(A)
The appearance of the human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast; or
(B)
A state of dress which fails to opaquely and fully cover the human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
Office means a room or group of rooms used for conducting the affairs of a business, profession, or service industry. Examples include professional services such as lawyers, accountants, engineers, architects, or real estate agents; data processing; and sales offices.
Operator means the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
Ordinary repair and maintenance means any work, the purpose and effect of which is to correct or prevent any deterioration or decay of, or damage to, a structure or any part thereof and to restore the structure, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage using materials which are of a design, color and outer appearance as close as practicable to the original.
Ornamental and understory street trees means any evergreen or deciduous tree whose mature height can be expected to exceed 15 feet and whose crown spread can be expected to exceed ten feet.
Outdoor lighting means the nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means.
Outdoor entertainment facility means an establishment having as its principal or predominant use the offering of outdoor participatory or spectator entertainment and which may sell alcohol for consumption on the premises. Sandwiches, light meals, snacks, and/or full service meals are available for consumption on the premises but are not the principal or predominant use of the establishment. Examples include, without limitation, stadiums and amphitheaters. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Outdoor storage lot means any portion of a site where items are regularly stored, including, but not limited to, items such as pipe, building materials, lumber, plumbing supplies, damaged vehicles, or salvaged construction equipment. Not included in this definition is the short-term storage for sale of seasonal items such as grass seed, fertilizer, and plants. This use type is regulated under the "warehouse and freight movement" use category in article 19-4, use regulations.
Outparcel means a separate lot, site, parcel, or tract of land located within a larger development. Typically associated with a retail shopping center or similar use.
Owner means The individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision, any interstate body, or any legal entity, who owns a legal interest in the property or the person in control of the property.
Oversized vehicle means any propelled or non-propelled vehicle that exceeds two tons rated capacity, exceeds 85 inches in height, or exceeds 250 inches in length, excluding a recreational vehicle.
Parapet means that portion of a building wall that rises above the roofline.
Park, community means public parkland intended to serve the recreation needs of people living or working within a two-mile radius of the park. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Park, neighborhood means public parkland intended to serve the recreation needs of people living or working within one-half mile radius of the park. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Park or playground means an area or facility to be used for recreation, exercise, sports, education, rehabilitation, or similar activities, or an area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Park, regional means a park typically 150 to 500 acres in size focusing on activities and natural features not typically included in neighborhood or community parks and often based on specific scenic or recreational opportunities. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Parking lot means any area, paved or unpaved, used for egress or ingress or to store or park vehicles. The areas designated for the display of new and used vehicles for sale are not included in this definition. This use type is regulated under the "parking, commercial" use category in article 19-4, use regulations.
Parking structure means a structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages, deck parking, and underground or underbuilding parking areas. This use type is regulated under the "parking, commercial" use category in article 19-4, use regulations.
Parking space, off-street means an area not located within a street right-of-way adequate for parking a motor vehicle with room for opening doors on both sides, together with properly-related access to a public street arranged so that no maneuvering incidental to parking shall occur on any public street and so that a vehicle may be parked or unparked without moving any other automobile.
Passenger terminal (surface transportation) means a facility or location that receives and discharges passengers and at which facilities and equipment required for their operation are provided. Examples include terminals for bus, trolley, taxi, light rail, railroad, shuttle van, or other similar vehicular services. This use type is regulated under the "transportation terminals" use category in article 19-4, use regulations.
Pawn shop means a business or use that regularly loans money on the security of pledged tangible goods such as jewelry, cameras, or like personality or that purchases such goods on the condition that they may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
Pennant means any lightweight plastic, fabric, or other material, whether or not containing copy, suspended from a rope, wire or string usually in a series and designed to move in the wind. Strings of lights shall be considered a pennant.
Permit means the authorization necessary to begin a land use activity under the provisions of this chapter.
Permitted or licensed premises means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
Permittee and licensee means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any legal entity.
Personal services, general means an establishment primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Examples include, without limitation, beauty and barbershops, shoe repair shops, and tailor shops. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Planned development means a use of land that is planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate commercial, industrial, residential uses, or a combination of such uses, and appurtenant common areas.
Planning commission means the City of Greenville Planning Commission.
Pole means a vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located at a particular location. The term includes without limitation, a replacement pole and, when used to refer to a location in the rights-of-way, an authority pole. Such term shall not include a support structure or electric transmission structure.
Post office means a use which provides service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. This use type is regulated under the "government facilities" use category in article 19-4, use regulations.
Precious metal means any article made in whole or in part of gold, silver, or platinum.
Precious or semiprecious stone or gem means any stone or gem that is rare or costly or any stone or gem that is of lower value than those classified as precious.
Predeveloped conditions means those land use conditions that existed before any development had taken place on the site, when the site was in its natural undisturbed condition.
Predominant use is a term used in C-4 districts only. The term "predominant use" means the use that is the primary basis for activity on the premises. For purposes of determining the predominant use, the following factors shall be assessed to the extent relevant to the premises under review: total square footage of premises, and the square footage allocated for all the uses; occupancy loads per area; seating plans, the space dedicated to the furnishings, equipment and fixture with attention given to size, type, number and configuration of such furnishings; percentage total revenue derived from the use; and the hours of operation of the establishment. A predominant use need not account for the majority of activity of each of the factors considered, but it is established by being significantly greater than other uses on the premises when the factors are considered as a whole. It may be possible in mixed-use circumstances to have more than one predominant use. The administrator shall have the authority to consider other factors that are relevant and customary to the business, trade, or profession for the uses being elevated.
Prefabricated building display and sales means a retail sales and service use in which prefabricated buildings (fabricated off-site and transported to the use location) are displayed and sold. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Preliminary plat means the preliminary plat of a subdivision submitted pursuant to the subdivision regulations (subsection 19-2.3.13, land development).
Preschool means a school for children primarily between birth and five years of age. This use type is regulated under the "day care" use category in article 19-4, use regulations.
Preservation overlay (PO) district means a geographical area to which the provisions of subsection 19-3.2.2(P), preservation overlay district, apply and the boundaries of which the city council has established pursuant to the provisions of this chapter.
Primary lot frontage means the primary lot frontage is the portion of a lot that abuts the street from which the lot derives its street address.
Principal structure means a structure or building having significant or primary use and justifying its own utilization, such as a dwelling or office building, as contrasted to accessory structures which are incidental or subordinate to primary structures and do not alone justify their utilization, such as a tool shed or auto garage used in conjunction with a dwelling. Certain structures may be either principal or accessory depending upon utilization, such as a parking garage as an accessory structure to a high-rise apartment or as a principal structure when operated commercially in a business area.
Principal use means the significant or primary activity carried out within a structure or upon land.
Privacy wall means a continuous visual screen not less than six feet in height. The screen shall be a windowless wall, fence or other type of impenetrable and opaque material that is aesthetically compatible with existing development.
Private street/private access way means a means of vehicular access conveyed to property owner's association or condominium regime incorporated pursuant to the South Carolina Code of Laws designed and constructed to the standards of the design and specifications manual.
Property owner of record means the person identified as owner by county tax records.
Public building means any building owned, leased or held by the United States, the state, the county, the city, any special purpose district, any school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental or other public purposes.
Public park or recreation area means public premises which have been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, gymnasium, recreational center, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, open space, wilderness area or similar public premises within the city which are under the control, operation or management of the city park and recreation authorities or the equivalent state, county or recreation district authorities. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Public property includes that property of the city or a city agency, including that owned entirely by such public body, or over which it holds a right-of-way or easement on any streets, roads, parks, malls, or other public land. Private property that is subject to ad valorem property taxes and all easements and rights-of-way across such property are excluded from this definition.
Radio or TV broadcasting studio means a facility for the staging, recording, and broadcasting of audio or television productions. This use type is regulated under the "offices" use category in article 19-4, use regulations.
Rain sensor means an automatic device that will override the irrigation cycle of an irrigation system, thus turning it off, when a predetermined amount of rain has fallen. To meet the requirements of this section, a rain sensor shall be adjusted to shut off irrigation systems when up to one-fourth inch of rain has fallen.
Recreational trails means a way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized bicycles. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Recreational vehicle means any vehicle designed and/or used for temporary living and sleeping or recreational purposes, including pick-up coaches (cab-over camper), motorized homes, boats, travel trailers, camping trailers, jet skis, and snowmobiles, and which does not meet the specifications required for a manufactured home.
Recreational vehicle rental and sales means the display and sales or rental of recreational vehicles. This use type is regulated under the "vehicle sales and services" use category in article 19-4, use regulations.
Recycling drop-off center means a parcel of land on which wastes or used and secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials include, but are not limited to, scrap iron, paper, rags, rubber tires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles. This use type is regulated under the "waste-related services" use category in article 19-4, use regulations.
Regional park. See Park, regional.
Registered civil engineer means a civil engineer properly registered and licensed in the state by the state board of engineering examiners.
Registered land surveyor means a land surveyor properly registered and licensed in the state by the state board of land surveyors.
Registered landscape architect means a landscape architect properly registered and licensed in state by the board of licensing examiners.
Religious institution means a structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are conducted, together with its accessory buildings and uses (including buildings used for educational and recreational activities), and which are operated, maintained, and controlled under the direction of a religious group. Accessory uses may include school facilities, parking, day care, cemeteries, columbaria, mausoleums, caretaker's housing, pastor's housing, and group living facilities such as convents. This use type is regulated under the "institutions" use category in article 19-4, use regulations.
Research laboratory means a facility for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Examples include plastics, genetics, biotechnology, pharmaceuticals, and polymers. This use type is regulated under the "manufacturing and production" use category in article 19-4, use regulations.
Restaurant means an establishment having as its predominant use the on-premises consumption of food and beverages. Restaurants have a designated full-service kitchen, dining room equipment, and persons to prepare and serve meals and food to guests in consideration of payment. Restaurants may have a combination of seating options, including indoor, outdoor, both indoor/outdoor, or no seating. This use type is regulated under the "eating establishments" use category in article 19-4, use regulations.
Retail sales and services, general means a commercial enterprise that provides goods and/or services directly to the consumer where such goods are available for immediate purchase and removal from the premises by the purchaser. Examples include, without limitation, stores selling, leasing, or renting consumer, home, and business goods such as art, art supplies, bicycles, cameras, clothing, dry goods, electronic equipment, fabric, furniture, gifts, hardware, home improvements, household products, jewelry, pet food, pharmaceuticals, indoor plants, printed material, stationary and videos; wineries; and, auction services. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Right-of-way means an interest in land to the city or SCDOT which provides for the perpetual right and privilege of the city or SCDOT, its agents, franchise holders, successors, and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain, and use a public street, including related and customary uses of street rights-of-way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and signage, sanitary sewer, storm water drainage, water supply, cable television, electric power, gas, and telephone transmission and related purposes in, upon, over, below, and across the rights-of-way.
Roadway means that portion of a street intended for the use by vehicular traffic.
Roof plane means one or more portions of a pitched roof that maintain the same pitch or cover the same portion of a building.
Runoff means that portion of precipitation falling within a watershed basin that is not evaporated into the atmosphere; captured by vegetation; collected in depressions; or infiltrated into the soil that results in the flowing over the surface of the ground or collecting in channels or storm sewers.
Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.
SCDOT means the South Carolina Department of Transportation.
School, public or private means an institution at the elementary, middle, or high school level that provides educational instruction to students. This definition does not include business schools or colleges. This use type is regulated under the "educational facilities" use category in article 19-4, use regulations.
Screening means any constructed wall, fence, building or living plant material used for the purpose of visually or functionally separating adjacent land uses as required by this chapter.
Sediment means solid material, both mineral and organic, that:
(A)
Is in suspension;
(B)
Is being transported; or
(C)
Has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.
Sediment control plan means a plan for the control of soil erosion and sedimentation resulting from land-disturbing activity.
Sedimentation means the processes which operate at or near the surface of the ground that deposit soils, debris, and other materials either on other ground surfaces or in stream channels.
Self-service storage facility means a building or group of buildings divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.). A self-service storage facility is also called a "mini-warehouse." This use type is regulated under the "self-service storage" use category in article 19-4, use regulations.
Semi-cutoff fixture means An outdoor light fixture shielded or constructed in such a manner that it emits no more than five percent of its light above the horizontal plane of the fixture and no more than 20 percent of its light ten degrees below the horizontal plane of the fixture.
Service and repair establishment means Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair types. Typical uses include appliance repair shops, shoe repair, watch, or jewelry repair shops or repair of musical instruments. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Setback means The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
Sexually oriented business means an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sex paraphernalia store as defined in section 8-442.
Shade tree means any evergreen or deciduous tree whose mature height can be expected to exceed 35 feet and whose crown spread can be expected to exceed 30 feet.
Shielding means a design feature or a device that is applied to a luminaire to prevent its luminous output from being visible from selected locations or horizontal and/or vertical angles.
Shopping center means a group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas, and pedestrian malls or plazas provided on the property as an integral part of the unit. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Shrubs means self-supporting woody plants, either deciduous or evergreen, with several stems and a normal mature height of three to 20 feet.
Low-growing shrub means any shrub easily maintained at 30 to 40 inches in height.
Intermediate shrub means any shrub easily maintained at four to six feet in height.
Major screening shrub means any shrub easily maintained at six to 20 feet in height.
Sight triangle means measured from the curb or edge of the pavement, the sight triangle is the triangular area created by a line connecting points on the front and side for lines at a distance as indicated in the design and specifications manual.
Sign means a device designed to inform or attract the attention of persons not on the premises on which the device is located, or to advertise, promote the interest of, or attract attention to, any business, industry, individual, group, enterprise, public performance, or cause. The definition of sign includes all the components necessary for its display, including supporting structure, footings, and lighting.
Sign, abandoned, means a sign structure that does not have a permanent sign face or pending sign permit application; or a sign advertising a business activity or firm that is no longer in operation at the location identified by the sign. An abandoned sign includes all elements of the sign, including its structure, sign face and sign copy.
Sign, awning, means a sign which is printed, painted, or affixed to an awning or canopy.
Sign, back-to-back, means a single sign structure with two parallel and directly opposite sign faces.
Sign, cabinet means a fabricated sign box, which may contain a light source and a plastic or aluminum face over a frame, with letters or graphics. Cloud signs are considered a cabinet or box sign cut out in a different shape than the typical square or rectangular design.
Sign, campaign, means a sign expressing support for a candidate for public office or another position regarding a public figure or a public issue relating to an upcoming election or referendum. Outdoor advertising signs shall not be considered campaign signs.
Sign, decorative post, means a low profile freestanding sign mounted on two poles placed at the outermost sides of the sign face. A decorative post sign is similar to a monument sign except that the base is not solid.
Sign, dilapidated, means a sign that the administrator has determined is structurally unsound, has defective parts, or is in need of painting or maintenance.
Sign, electronic message board means a sign that utilizes computer-generated messages or some other electronic means of fixed or changing sign copy. Electronic message boards include, but are not limited to, displays using incandescent lamps, LEDs, or LCDs.
Sign, menu board means a sign erected in conjunction with a use that incorporates a drive-through or drive-in and is generally used to provide service and/or product options and pricing for patrons who remain in a vehicle.
Sign, face, means the area within a regular geometric shape enclosing all copy and blank masking. Structural supports not bearing information shall not be included in the computation of sign face. All decorative embellishments or appurtenances, such as directional arrows, which are not part of the sign face shall not constitute more than 20 percent of the sign face.
Sign, flat panel means a flat, one-dimensional sign that is mounted on a wall and the face of which generally runs parallel to the wall. A flat panel sign contains information on a one-dimensional surface.
Sign, freestanding, means a sign that is permanently supported by a structure secured to the ground and is wholly independent of any building, other than a sign structure, for support.
Sign, freestanding suspended, means a sign comprised of a vertical pole, a horizontal decorative sign support, and a suspended sign face.
Sign, inflatable, means a sign that requires air, whether contained or blown, to keep and maintain its shape, or which causes an object to flutter.
Sign, mansard roof. See Sign, wall.
Sign, monument, means a freestanding sign which has a solid base that the sign face is installed upon.
Sign, movable, means a sign, such as an A-frame, that is moveable by a person without aid of a motor vehicle or other mechanical equipment.
Sign, multi-tenant, means a freestanding sign designed and approved to display the names of more than one licensed and legally established business.
Sign, nonconforming, means a sign that does not comply with the provisions of this chapter, but that was lawful at the time of its installation.
Sign, off-premises, means a sign advertising goods, products, services, or facilities that are located on premises other than those upon which the sign is located.
Sign, outdoor advertising.
(A)
Type I means a permanent freestanding off-premises sign, commonly referred to as a billboard, and that is generally used to rent or lease advertising space.
(B)
Type II means a sign located on, and designed as an integral part of, city-approved public transportation shelters and is generally used to rent or lease advertising space.
Sign, owner, means a person who either owns the real property upon which a sign is located; or a person who owns the sign itself; or a person whose products, services or cause is promoted by the sign; or a combination of those persons.
Sign, portable, means a sign that may be moved from one location to another, is not permanently affixed to the ground, and is differentiated from a movable sign in that it may be equipped for transportation by motor vehicle or other mechanical means. Trailer signs are considered to be portable signs.
Sign, projecting, means a sign that projects 12 inches or more from, and is supported by, a building wall.
Sign, pylon, means a freestanding sign typically supported by one or two steel columns, and is dissimilar from a monument sign because its base is not solid to the ground.
Sign, roof, means a sign that is erected, constructed or maintained above the roof of any building.
Sign, seasonal use, means a temporary sign for a use that operates only during certain seasons or holidays of the year and is not part of a yearround business.
Sign, single-tenant, means a freestanding sign designed and approved to display the name of only one licensed and legally established business.
Sign, snipe, means a temporary sign which is attached in any manner to a tree, pole, stake, fence, or other object.
Sign, structure, means that portion of the sign designed to support the loads, forces and combinations thereof encountered without exceeding in any of its structural elements the stresses described in the state building code.
Sign, suspended, means a sign that is suspended from, and supported by, the underside of a horizontal plane surface.
Sign, temporary, means a sign that is made of paper, cardboard, cloth, canvas, wallboard, or other lightweight material, with or without a frame, and is intended to be displayed for a limited period of time.
Sign, vehicle, means a permanent or temporary sign affixed to, painted on, or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premises, time of day, duration, availability of other parking spaces on the premises, and the proximity of the vehicle to the area of the premises where it is loaded, unloaded or otherwise carries out its principal function, which circumstances indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for said vehicle.
Sign, V-type, means a sign with two sign faces in the shape of the letter "V" when viewed from above; their faces oriented in different directions; and the interior angle created by the intersection of the sign faces not exceeding 60 degrees.
Sign, wall, means a sign painted on, or attached flat and parallel to, the exterior wall or surface of a building or other structure and which projects not more than 12 inches from that wall or surface. A sign located flat on a mansard roof shall be considered a wall sign.
Sign, window, means a sign which is painted on, applied to, or projected upon the glass area of a building, including doors, or located within 12 inches of the interior of a window.
Single-family attached dwelling. See Dwelling, single-family attached.
Single-family detached dwelling. See Dwelling, single-family detached.
Single-family dwelling. See Dwelling, single-family.
Sky glow means the brightening of the night sky that results from the reflection of radiation (visible and nonvisible) scattered from the constituents of the atmosphere (gaseous molecules, aerosols, and particulate matter), in the direction of the observer. It is comprised of two separate components: natural sky glow, that part of the sky glow attributable to radiation from celestial sources and luminescent processes in the earth's upper atmosphere; and artificial sky glow, that part of the sky glow attributable to manmade sources of radiation (e.g., outdoor electric lighting), including radiation emitted directly upwards and radiation reflected from the earth's surface.
Slope means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. (Example: Slope = 3:1 means three feet horizontal to one foot vertical.)
Small loan company means restricted lenders regulated under S.C. Code 1976, title 34, chapter 29 and supervised lenders regulated under S.C. Code 1976, title 37, chapter 3; however, the term "small loan company" does not include deferred presentment lenders, pawn shops, or those supervised lenders primarily providing short-term vehicle loans.
Small wireless facilities has the same meaning as under 47 C.F.R. §1.6001, or under any definition of that term under South Carolina law that is binding on the city, but only as to the placements to which the definition is required to apply.
Spa. See Health club or spa.
Spandrel glass means a type of glass that is used to cover construction materials, typically found between sections of a building, used to create a uniform exterior appearance. Spandrel glass is seldom transparent.
Special emphasis neighborhood means a land area whose boundaries are defined in accordance with the U.S. Department of Housing and Urban Development for eligibility under "area benefit activities" where at least 51 percent of the residents earn no more than 80 percent of the area median income for the county.
Start of construction means the first placement of permanent construction of a structure (other than a manufactured home) on a site such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or erection of temporary forms. For a structure (other than a manufactured home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure, or any part thereof, on its piling or foundation.
State means the State of South Carolina.
Stealth facility means any wireless communications facility designed to look like some feature other than a wireless tower or base station. Examples of stealth facilities include wireless facilities which are disguised as public art or markers, as flagpoles, as light poles, as indigenous trees, as rocks, or as architectural elements such as dormers, steeples and chimneys. To qualify as "stealth" design, the item in question must match the type of item that it is mimicking in size, scale, shape, dimensions, color, materials, function and other attributes as closely as possible, and placed in a manner and at a location appropriate to the item that it is mimicking. The elements that make a facility a stealth facility are concealment elements.
Stormwater management means the collection, conveyance, storage, treatment, and disposal of stormwater runoff in a manner designed to minimize the following: channel erosion; flood damage; runoff rates; and water quality degradation.
Stormwater management facilities or systems means structures that are designed for the collection, conveyance, storage, treatment, and disposal of stormwater runoff.
Stormwater management plan means a plan for the control of stormwater runoff resulting from land-disturbing activity.
Stormwater master plan means a plan developed for a watershed, or part thereof, that has been approved by city council to guide the design and development of the drainage system addressed by the plan.
Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
Story, half, means a space under a sloping roof that has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished for occupancy. A half story containing independent living quarters shall be counted as a full story.
Street means a thoroughfare designed to provide the principal means of access to abutting property or designed to serve as a roadway for vehicular travel, or both, but excluding alleys. The following descriptions define the categories of streets:
(A)
Arterial streets are of exceptional continuity; they are designed to carry the greater portion of through-traffic from one area of the city to another.
(B)
Collector streets are neither arterial nor local streets; their location and design provide exceptional continuity and serve as a means of access to traffic generators or serve as routes connecting arterial streets.
(C)
Local streets are designed to provide access to primarily residential areas and relatively short distances of travel. Subcategories of local streets are defined in the design and specifications manual.
Street line means the dividing line between a lot, tract or parcel of land and a contiguous street.
Street width means the shortest distance between the lines delineating the rights-of-way of a street.
Structural alterations means any change to the supporting members of a building, such as foundation, bearing walls, columns, beams, girders, rafters, etc.
Structure means anything constructed or erected that requires permanent location on the surface of the land. The term "structure" does not include features such as ornamental pools, planting boxes, sculpture or bird baths, open terraces, walkways, driveways, walls or fences, recreational equipment, flagpoles, light standards, underground fallout shelters, mailboxes, gatehouses, burial vaults or bus shelters.
Subdivider means any person, individual, firm, partnership, association, corporation, estate or trust or any other group, agent, or combination thereof acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as defined in this section.
Subdivision means the division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all divisions of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record.
Substantial change means a modification substantially changes the physical dimension of an eligible support structure if it meets any one or more of the following criteria:
(a)
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;
(b)
Changes in height should be measured from the original eligible support structure in cases where deployments are or will be separated horizontally, such as on building rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (February 22, 2012);
(c)
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(d)
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;
(e)
It entails any excavation or deployment outside the current site;
(f)
It would defeat the concealment elements of the eligible support structure; or
(g)
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above.
Substantial compliance, for purposes of subsection 19-2.3.14, means actual compliance with respect to the substance essential to every reasonable objective of the applicable approval or certificate of appropriateness as distinguished from simple technical imperfections of form.
Substantial damage means damage of any origin including fire, flood, lateral earth movement, war, or wind sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of its before-damaged market value. For purposes of this chapter, any structure flooded four or more feet above its lowest finished floor shall be considered "substantially damaged."
Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than 25 percent, as the floor areas exist on the effective date of the ordinance from which this article is derived.
Substantial improvement means for a structure built prior to the enactment of the ordinance from which this section is derived, any reconstruction, rehabilitation, addition, or other improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term "substantial improvement" includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. For the purpose of this definition, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Suggested plant list means the list of trees, shrubs, and ground covers approved for use in the city for compliance with this chapter as reflected in the design and specification manual.
Support structure means a building, billboard, water tank or any other structure to which a wireless communications facility may be attached other than a pole, decorative pole or electric transmission structure to which a wireless facility is or may be attached. A tower is a support structure for purpose of chapter 19.
Tattoo/tattooing means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments. The practice of tattooing does not include the removal of tattoos, nor the practice of micropigmentation, branding, cutting, scarification, skin braiding, or the mutilation of any part of the body.
Taxicab service means a service that offers transportation to persons via automobiles and vans. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Temporary means a specified period of time for which an activity or use is authorized.
Temporary vehicular turnaround means a designated surface area as specified by the administrator located within a right-of-way or easement that provides sufficient turning capacity for emergency vehicles.
Title loan lender means a supervised lender which regularly extends short-term secured loans such as those regulated by S.C. Code 1976, § 37-3-413, and accepts as security title to motor vehicles. The term "title loan lender" does not include supervised lenders other than those specializing in short-term vehicle secured loans or banks, credit unions, savings banks, and like depository institutions.
Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition includes a monopole, but does not include utility poles or light poles.
Towing service means a business that specializes in the removal of a motor vehicle by towing, carrying, hauling, or pushing from public or private property. This shall not include an automobile servicing use that has a tow truck and repair vehicles on site. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Tract means an area, parcel, site, piece of land, or property that is the subject of a development proposal and application.
Trade school means a school conducted as a commercial enterprise for teaching skills such as instrumental music, dancing, barbering, hairdressing, industrial skills in which machinery is employed as a means of instruction, etc. Incidental instructional services in conjunction with another primary use shall not be considered a business school. This use type is regulated under the "educational facilities" use category in article 19-4, use regulations.
Transfer of ownership or control of a sexually oriented business.
(A)
The sale, lease, or sublease of the business.
(B)
The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means.
(C)
The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
Transit oriented development means a development pattern or format that is intended to support and facilitate use of transit.
Tree means self-supporting woody plants of species that normally grow to an overall height of at least 15 feet.
Small tree means any tree normally maturing at a height of less than 30 feet.
Intermediate deciduous tree means any deciduous tree normally maturing at a height between 30 and 50 feet.
Major deciduous tree means any deciduous tree normally maturing at a height of at least 50 feet.
Small evergreen tree means any evergreen tree with a mature height of at least 15 feet.
Major evergreen tree means any evergreen tree with a mature height of at least 30 feet.
Tree density standard means a minimum number of tree density units per acre that must be achieved on a property after development.
Tree density unit means a credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this article.
Tree form shrub means a large deciduous or evergreen shrub that has been pruned of its lower limbs and other foliage, to a minimum height of four feet, to reveal the main vertical supporting branches.
Tree protection zone (TPZ) means a designated area around a tree or group of trees to be saved usually set off from construction activity by the use of a fence or other protective barrier thereby keeping the critical root zone of the tree protected and free from unwanted harmful activities. The area of the TPZ should be equal to or greater than the critical root zone.
Truck or freight terminal means an area and building where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. This use type is regulated under the "warehouse and freight movement" use category in article 19-4, use regulations.
Truck or trailer rental means the rental of truck or trailer equipment primarily intended for individual use and minor residential gardening and construction projects. This use does not include the rental, storage, or maintenance of large construction equipment. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Unacceptable species means plant species which will not be counted toward the total tree requirements of this chapter.
Undeveloped multiresidential and nonresidential property means undeveloped property located within a district in which multifamily, industrial, service or commercial uses are included as permitted uses.
Undeveloped residential property means undeveloped property in a district zoned primarily for detached single-family dwelling units and duplexes, but not including as permitted uses industrial, service, and commercial uses.
Upper story dwelling. See Dwelling, upper story.
Usable wall area means the surface area of a building's exterior wall, including doors and windows, upon which a sign is proposed.
Utility, major, means services of a regional nature that normally entail the construction of new buildings or structures such as generating plants and sources; electrical switching facilities, stations and substations; water and wastewater treatment plants; and, similar facilities. This use type is regulated under the "utilities" use category in article 19-4, use regulations.
Utility, minor, means services that are necessary to support development within the immediate vicinity and that involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices; and well water and sewer pump stations. This use type is regulated under the "utilities" use category in article 19-4, use regulations.
Utility pole means a structure owned and/or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for telephone, cable, television, or electricity.
Utility service area means that portion of a site occupied by items such as garbage dumpsters and compactors; large air-conditioning units; aboveground storage or fuel tanks; major electrical transformers; and similar equipment.
Variance means a grant of relief to a person from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
Vehicular use area means any area of a property which is not located within an enclosed structure and which is devoted to a use by and for motor vehicles, including parking (accessory or non-accessory) or storage of automobiles, trucks or other vehicles; service areas and drives. Any paved area designed to be used solely for access between a street and a vehicular use area is not considered part of the vehicular use area.
Veterinary clinic means a facility for the care and treatment of small animals, including household pets. Such facilities may be entirely indoors or may have both indoor and outdoor components. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Wall, bearing, means a wall supporting imposed weight (live load) in addition to its own weight (dead load).
Wall pack means a type of light fixture typically surface-mounted on a vertical wall surface.
Wall pack feature means a type of lighting fixture typically flush-mounted on a vertical wall surface.
Wall, retaining, means a wall designed to prevent the lateral displacement of soil or any other material.
Warehouse means a use engaged in storage and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive. This use type is regulated under the "warehouse and freight movement" use category in article 19-4, use regulations.
Waste disposal or treatment operation means a facility or group of units used for the disposal or treatment of industrial or domestic wastes and for the reduction and handling of solids and gases removed from such wastes. This use type is regulated under the "waste-related services" use category in article 19-4, use regulations.
Wholesale establishment means an establishment primarily engaged in selling and distributing merchandise to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers; and acting as agents or brokers by buying merchandise for, or selling merchandise to, such individuals or companies. Examples include, without limitation, feed mills, granaries, and elevators; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck, or air freight terminals; bus barns; parcel services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials. This use type is regulated under the "wholesale sales" use category in article 19-4, use regulations.
Wireless communications facility or wireless communications facilities means a facility at a fixed location used in the provision of personal wireless services, wireless internet access services to the general public or public agencies, or wireless utility, governmental or educational services. The term includes the base station, and accessory equipment, if any, associated with the same, but excludes the pole or support structure, to which the facility is or will be affixed, and does not include end user equipment.
Wireless services means any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public.
Yard means an open space at grade between a building and the adjoining lot lines.
Yard, front, means an open space at grade between the front of a building and the front lot line, generally adjacent to a street, and extending the full width of the lot.
Yard, rear, means an open space at grade between the rear of a building and the rear lot line and extending the full width of the lot.
Yard, side, means an open space at grade between the side of a building and the side lot line extending from the front yard to the rear yard or from the front lot line to the rear lot line when a front and rear setback is not required.
Yard, special means an open space at grade between the side of a building and the side lot line adjacent to a street right-of-way extending from the front yard to the rear yard or from the front lot line to the rear lot line when a front and rear setback is not required.
Youth activity center means a boys club, a girls club or any other facility that is not a school but which provides entertainment, recreation, crafts, tutorials or other quality of life enhancements for minors, whether a nonprofit facility or otherwise. This use type is regulated under the "community service" use category in article 19-4, use regulations.
Zoning district map means a map that graphically delineates the boundaries of all mapped districts within the corporate boundary of the city.
Zoning ordinance means this chapter and any other adopted regulations of the city pertaining to the development and use of land.
(Code 1997, § 19-11.2; Ord. No. 2007-30, exh., 5-14-2007; Ord. No. 2007-52, § 19-11.2, 7-9-2007; Ord. No. 2008-59, 8-25-2008; Ord. No. 2008-69, 10-13-2008; Ord. No. 2009-22, § 3(exh. C), 3-23-2009; Ord. No. 2009-45, 6-8-2009; Ord. No. 2009-46, § 1(exh. A), 6-8-2009; Ord. No. 2010-48, exh. A, 9-13-2010; Ord. No. 2011-18, 1-24-2011; Ord. No. 2011-86, 11-14-2011; Ord. No. 2012-37, exh. §§ 5, 6, 5-14-2012; Ord. No. 2013-59, exh. A(19-11.2), 9-9-2013; Ord. No. 2014-103, exh. A(19-11.2), 11-10-2014; Ord. No. 2015-07, § 19-11.2, 1-26-2015; Ord. No. 2015-74, 8-10-2015; Ord. No. 2016-35, 6-27-2016; Ord. No. 2016-82, 11-28-2016; Ord. No. 2018-24, 4-9-2018; Ord. No. 2018-78, Exh. 1, 10-8-2018; Ord. No. 2020-15, § Exh. A, 2-10-2020; Ord. No. 2021-16, § 1(Exh. A), 3-8-2021; Ord. No. 2021-40, Exh. A, 6-28-2021; Ord. No. 2021-41, Exh. A, 6-28-2021; Ord. No. 2021-42, Exh. A, 6-28-2021; Ord. No. 2021-44, Exh. A, 6-28-2021; Ord. No. 2021-51, Exh. A, 7-12-2021; Ord. No. 2021-57, Exh. A, 8-23-2021; Ord. No. 2023-07, 1-23-2023)
1.- GENERAL PROVISIONS ARCHIVED
These regulations shall be officially known as the "Greenville Zoning Ordinance," and may be referred to as the "zoning ordinance" or "this chapter."
(Code 1997, § 19-1.1; Ord. No. 2007-52, § 19-1.1, 7-9-2007)
19-1.2.1.
General. The city council is authorized to adopt this chapter pursuant to the enabling authority contained in the S. C. Code of Laws, generally including, without limitation, S.C. Code 1976, §§ 6-29-310 et seq., 6-29-710 et seq., 6-29-1110 et seq., 6-29-1510 et seq., and 6-31-10 et seq. This chapter consolidates the city's zoning and land development regulatory authority under the S.C. Code of Laws.
19-1.2.2.
Reference to South Carolina General Statutes. Whenever any provision of this chapter refers to or cites a section of the S.C. Code of Laws [or S.C. Code 1976] and that section is later amended or superseded, this chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
(Code 1997, § 19-1.2; Ord. No. 2007-52, § 19-1.2, 7-9-2007)
The purpose and intent of this chapter is to guide development in accordance with the existing and future needs of the city and to promote the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the property owners and residents of the city, and other members of the public. The purpose and intent of this chapter is more specifically to:
19-1.3.1.
Light, air, open space. Provide for adequate light, air, and open space.
19-1.3.2.
Prevent overcrowding, congestion. Prevent the overcrowding of land, to avoid undue concentration of population, and to lessen congestion in the streets.
19-1.3.3.
Safety from fire, flood. Secure safety from fire, flood, and other dangers.
19-1.3.4.
Promote diverse quality housing, protect neighborhoods. Promote quality housing, preserve, neighborhoods, and encourage a diversity of housing options.
19-1.3.5.
Downtown. Promote the downtown as a regional center of commerce, government, arts, entertainment, and residential life.
19-1.3.6.
Commercial development along corridors. Ensure appropriate commercial development patterns along corridors.
19-1.3.7.
Appropriate urban development and redevelopment. Encourage appropriate urban development and redevelopment.
19-1.3.8.
Incentives to develop in underdeveloped areas. Provide incentives for development in underdeveloped portions of the city.
19-1.3.9.
Quality new development to blend with existing. Encourage quality development to blend with existing development.
19-1.3.10.
Eliminate blight. Eliminate slums and blight citywide.
19-1.3.11.
Create harmonious community. Facilitate the creation of a convenient, attractive, and harmonious community.
19-1.3.12.
Protect scenic, historic and ecologically sensitive areas. Protect and preserve scenic, historic, or ecologically sensitive areas.
19-1.3.13.
Open space. Protect and provide for open space.
19-1.3.14.
Promote connectivity. Promote an inter-connected, walkable community.
19-1.3.15.
Tree preservation. Provide standards and incentives for tree preservation and protection.
19-1.3.16.
Regulate the use, density, distribution, and character of land. Regulate the density and distribution of populations and the uses of buildings, structures and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, protection against floods, public activities, and other purposes.
19-1.3.17.
Facilitate adequate provision of public facilities and services. Facilitate the adequate provision or availability of transportation, police and fire protection, water, sewerage, schools, parks and recreation facilities, affordable housing, disaster evacuation, and other facilities and services that the city may provide to enhance the health, safety and welfare of its citizens.
(Code 1997, § 19-1.3; Ord. No. 2007-52, § 19-1.3, 7-9-2007)
19-1.4.1.
Official zoning district map. The official zoning district map designates the location and boundaries of the various zoning districts established in this chapter within the city. The official zoning district map shall be kept on file in the office of the administrator and is available for public inspection during normal business hours.
19-1.4.2.
Incorporated by reference. The official zoning district map and all the notations thereon are hereby incorporated by reference and made part of this chapter.
19-1.4.3.
Zoning district boundaries. Unless otherwise specified, zoning district boundaries are lot lines or the centerline of streets, alleys, railroad rights-of-way, streams and rivers, or such lines extended. Where a zoning district boundary divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the more restrictive use by the adjustment of the boundaries by the administrator, provided that the boundary adjustment is a distance of less than 250 feet.
19-1.4.4.
Changes to zoning district map. Changes made in zoning district boundaries by the administrator or other matters portrayed on the official zoning district map shall be made in accordance with the provisions of this chapter (see subsection 19-2.3.2, amendments to text and zoning district map). Changes shall be entered on the official zoning district map by the administrator promptly after the amendment has been approved by the city council.
19-1.4.5.
Mapping disputes. The administrator shall have the authority to interpret the official zoning district map and determine where the boundaries of the different zoning districts fall, if in dispute (see subsection 19-2.3.15, interpretations by the administrator).
(Code 1997, § 19-1.4; Ord. No. 2007-52, § 19-1.4, 7-9-2007)
19-1.5.1.
General. The provisions of this chapter shall apply to all land, all land development, and the use of all structures on all lands and waters within the corporate limits of the city. The provisions of this chapter shall be considered the minimum standards necessary to promote and protect the public health, safety, morals, and general welfare.
19-1.5.2.
Application to governmental units. Except as stated herein, the provisions of this chapter shall apply to all land, all land development, and the use of all structures and land owned or held in tenancy by the city or its agencies or departments; by the state its agencies, departments or political subdivisions; and to the full extent permitted by law, the government of the United States, its agencies, departments or corporate services.
19-1.5.3.
No development until compliance with this chapter.
(A)
General. Except as specifically provided in this chapter, no structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, converted (change of use) or structurally altered without full compliance with the provisions of this chapter and all other applicable city, state and federal regulations.
(B)
Effect of permits. Development authorized by a permit shall not be carried out until the applicant has secured all other permits required by this chapter or any other applicable provisions of this Code and the S.C. Code of Laws. Further, the issuance of a permit does not ensure the subsequent approval of other applications for development approval unless the relevant and applicable portions of this chapter and other provisions are met.
19-1.5.4.
Exemptions.
(A)
Acquisition of interest in land by state for public purposes. The provisions of this chapter shall not require formal subdivision of land as a result of actions taken by the state and its political subdivisions to acquire land or interests in land for public rights-of-way and easements.
(B)
Emergency action by city. The city or city agencies or departments may be exempt from the provisions of this chapter when an emergency exists such that it is impossible to submit to the normal procedures and requirements of this chapter and quick and instant action is necessary to secure the public health, safety, or welfare. The city council shall ratify such exemption after the fact at its next regularly scheduled meeting, and shall base its ratification on specified findings of fact related to the emergency involved.
(C)
Homes for mentally or physically handicapped persons. Pursuant to S.C. Code 1976, § 6-29-770(E), the provisions of this chapter do not apply to a home serving nine or fewer mentally or physically handicapped persons if the home provides care on a 24-hour basis and is approved or licensed by a state agency or department or is under contract with the agency or department for that purpose. Pursuant to S.C. Code 1976, § 6-29-770(E), prior to locating a home for handicapped persons in the city, the appropriate state agency or department or the private entity proposing to operate the home shall first give prior notice to the city, advising of the exact location of the proposed home, and comply with the other requirements of that provision and state law.
(Code 1997, § 19-1.5; Ord. No. 2007-52, § 19-1.5, 7-9-2007; Ord. No. 2012-23, § 1, 4-9-2012)
19-1.6.1.
Conflicts with other city codes or laws. If the provisions of this chapter are inconsistent with one another or if the provisions of this chapter conflict with provisions found in other adopted codes or ordinances of the city, the more restrictive provision shall govern unless the terms of the provisions specify otherwise.
19-1.6.2.
Conflicts with private agreements. If the provisions of this chapter conflict with the provisions of private easements, covenants or restrictions, the stricter of the requirements shall apply. The city shall not be responsible for monitoring or enforcing private covenants and restrictions, although the city may inquire as to whether land is subject to covenants and restrictions during the review of development applications.
19-1.6.3.
Conflicts with state or federal law. If the provisions of this chapter are inconsistent with the law or regulations of the state or federal government, the more restrictive provision shall control to the extent permitted by law.
19-1.6.4.
Relationship to comprehensive plan and land use policies. It is the intention of the city council that this chapter implement the planning policies and comprehensive plan adopted pursuant to the provisions of S.C. Code 1976, § 6-29-510 et seq.
(Code 1997, § 19-1.6; Ord. No. 2007-52, § 19-1.6, 7-9-2007)
It is the legislative intent of the city council in adopting this chapter that all provisions shall be liberally construed to guide development in accordance with the existing and future needs of the city as established in this chapter and to promote the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the property owners and residents of the city. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and any section, subsection, sentence, clause and phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Code 1997, § 19-1.7; Ord. No. 2007-52, § 19-1.7, 7-9-2007)
19-1.8.1.
Effective date. The effective date of this chapter is January 1, 2008.
19-1.8.2.
Violations continue. Any violation of the previous zoning ordinance (chapter 50, zoning) and land development regulations (chapter 19, land development regulations) of the city shall continue to be a violation under this chapter pursuant to section 1-5 and shall be subject to the penalties and enforcement set forth in article 9-10, enforcement, and section 1-5, unless the use, development, construction, or other activity complies with the express terms of this chapter.
19-1.8.3.
Completion of development plans commenced or approved under previous ordinances.
(A)
Completed applications.
(1)
Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body or person prior to the effective date of the ordinance from which this chapter is derived, shall be reviewed and considered in accordance with either the provisions of the ordinance in place on the date of submittal or this chapter, at the applicant's option.
(2)
If the applicant elects to have the complete application reviewed under the provisions of the ordinance in place on the date of submittal, the application shall be processed in good faith and shall comply with any time frames for review. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this chapter.
(B)
Preliminary or final approval.
(1)
A development for which approval of a minor subdivision final plat, major subdivision preliminary plat, site plan permit, stormwater permit, planned development district, special exception permit, or variance permit was granted prior to the effective date of the ordinance from which this chapter is derived may be completed in accordance with the approved plat or development approval and any other approved permits and conditions, even if the development does not comply with one or more general development standards set forth in this chapter.
(2)
If the development for which preliminary or final approval was granted prior to the effective date of the ordinance from which this chapter is derived fails to comply with any time frames for development, the preliminary or final approval shall expire and future development shall be subject to the requirements of this chapter, consistent with the provisions of subsection 19-2.2.14.
(C)
Buildings or developments with previously issued building permits.
(1)
Any building or development for which a building permit was granted prior to the effective date of the ordinance from which this chapter is derived shall be permitted to proceed to construction even if such building or development does not conform to the provisions of this chapter.
(2)
If the development for which the building permit is issued prior to the effective date of the ordinance from which this chapter is derived fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall be subject to the requirements of this chapter.
(Code 1997, § 19-1.8; Ord. No. 2007-52, § 19-1.8, 7-9-2007; Ord. No. 2013-66, exh. A(19-1.8), 10-28-2013)
(A)
It shall be the general policy of the city to assist, when deemed necessary, with the cost of construction of sanitary sewer lines required as a result of annexation. Any participation in cost agreed upon by the city shall be limited to bringing the sewer service to the property line of the annexed land. Each annexation shall be reviewed on its own merits, and the city's share of the sewer cost shall be subject to negotiation between the city and the landowner and/or developer. There may be times when an annexation increases the value of the land to the point where the city's participation will be deemed unwarranted.
(B)
If the city decides to participate, the developer will be required to pay for the full cost of the sewer construction up front. The city's reimbursement to the developer will be determined by the annual increase in taxes after the sewer line is completed. The city's reimbursement will be equal to those annual increases in taxes until its agreed-upon portion is fully paid.
(C)
It is recognized that each annexation involves many factors, and that this policy is general in nature to allow the city to review annexations on their individual merits.
(Code 1997, § 19-1.9; Ord. No. 2007-90, § 1, 12-10-2007)
The following rules shall apply for construing or interpreting the terms and provisions of this chapter:
19-1.10.1.
Meanings and intent. All provisions, terms, phrases, and expressions contained in this chapter shall be construed according to the general purposes set forth in section 19-1.3 and the specific purpose statements set forth throughout this chapter. When a specific section of this chapter gives a different meaning than the general definition provided in this article, the specific section's meaning and application of the term shall control.
19-1.10.2.
Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this chapter and any heading, caption, figure, illustration, table, or map, the text shall control.
19-1.10.3.
Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language, are intended to provide examples and are not exhaustive lists of all possibilities.
19-1.10.4.
Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the city. References to days are calendar days unless otherwise stated.
19-1.10.5.
References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.
19-1.10.6.
Delegation of authority. Any act authorized by this chapter to be carried out by the administrator may be carried out by a designee of the administrator.
19-1.10.7.
Technical and nontechnical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
19-1.10.8.
Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the city, unless otherwise indicated.
19-1.10.9.
Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
19-1.10.10.
Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(A)
The term "and" indicates that all connected items, conditions, provisions or events apply; and
(B)
The term "or" indicates that one or more of the connected items, conditions, provisions or events apply.
19-1.10.11.
Tenses, plurals, and gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
(Code 1997, § 19-11.1; Ord. No. 2007-52, § 19-11.1, 7-9-2007)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abut, abuts, or abutting means, in general, to share a common boundary, or to be contiguous, with an adjoining parcel of land, regardless of whether there is an intervening road, alley, easement, right-of-way, common area, detention pond, or utility line. However, when used in the context of development standards adjacent to a single-family detached use, abut, abuts, or abutting means to share a common boundary, or to be contiguous, with an adjoining parcel of land, excluding any intervening road, alley, easement, right-of-way, common area, detention pond, or utility line.
Accessory equipment means any equipment installed and owned by a third party used in connection with the delivery of a service (other than a communications service) to a wireless communications facility, such as an electric meter.
Accessory structure means a detached subordinate structure, the use of which is incidental to, and customarily associated with, the principal structure and located on the same lot as the principal structure.
Accessory use means a use of land or building (or a portion thereof) that is subordinate to, and customarily associated with, the principal use.
Adaptive reuse means the process to reconfigure or remodel an existing building and accommodate a new use or a new purpose other than original.
Addition means a new structure on a site with an existing structure, or a new component to an existing structure, which causes an extension or increase in floor area or height of a building or structure.
Adjacent. See Abut.
Administrator means the person or persons designated by the city manager to interpret, implement, and enforce all or portions of this chapter.
Airport means the Downtown Municipal Airport of Greenville, South Carolina, located east of the city in a quadrant formed by U.S. Highway 291 on the west, Laurens Road on the south, Haywood Road on the east, and Interstate Highway 385 on the north.
Airport elevation means the highest point of an airport's useable landing area, measured in feet from mean sea level.
Airport hazard means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.
Airport/landing strip means any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft. This use type is regulated under the "transportation terminals" use category in article 19-4, use regulations.
Alley means a low volume secondary route providing rear or side access to properties otherwise abutting a street.
Alteration means any horizontal or vertical enlargement of a building or structure or a change to the exterior architectural features of a structure.
Antenna means communications equipment that transmits, receives or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services; or similar equipment used for the transmission or reception of surface waves.
Appeal means a request for review of an administrative official's or decision-making body's interpretation or decision made under this chapter.
Applicant means the landowner of record or a person, business or organization having rights in contract in a subject property or their designated representative.
Art, dance, or photography studio or gallery means work space for artists or artisans, including persons engaged in the application, teaching, or performance of fine arts such as, but not limited to, drawing; dance; vocal or instrumental music; painting; sculpture; and, writing. This definition includes galleries for the display of visual arts but does not include theaters.
Artisan production establishment means the use of land, confined within an enclosed building, engaged in the design and production by carving, painting, casting, or assembling of component parts of finished products which are:
(A)
Customarily used in residences, offices, restaurants, or retail establishments;
(B)
Intended to have an aesthetic and artistic appeal in addition to a functional use; and
(C)
Produced either one-at-a-time or in small lots. The use may include a show room and retail sales of the products.
The use does not emit vibrations, noises, odors, or dangerous gases.
As-built plan means the construction plans with any field changes identified and shown on the plan.
Automobile parts store means the use of any land area for the display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Automobile rental and sales means premises on which new or used passenger automobiles, trailers, or trucks in operating condition are displayed for sale, lease, or rental. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Automobile repair means general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body and fender work, framework, welding, and painting service. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Automobile servicing means the replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission, or differential; and oil change and lubrication. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Automobile tire store means the use of any land area for the display, sale, and installation of new or used tires for automobiles, trailers, or trucks.
Automobile wash and detailing means the use of a site for washing, cleaning, and detailing of passenger vehicles, recreational vehicles, or other light-duty equipment. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Bank or financial institution means an establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. This classification includes automated teller machines (ATMs) but does not include check-cashing facilities and bail bond brokers. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Banner means a sign having copy applied to paper, cloth, vinyl or other similar material with only such nonrigid material for backing.
Bar means an establishment having as its principal use the serving of beer, wine, or liquor for consumption on the premises. Sandwiches, light meals, snacks, and/or full service meals are available for consumption on the premises but are not the principal use of the establishment. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Barbershop, beauty shop or spa means an establishment engaged in the provision of personal services including haircutting and styling, skin health, facial aesthetics, foot care, nail manicures, aromatherapy, steam baths, mud baths, massage, aromatherapy, and other similar recreational health services for women and men. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Bas relief means a sculptural feature on a building wall in low relief, in which the forms project slightly from the background but no part is completely detached from the wall.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as either the "100-year flood" or the "one percent AEP."
Base flood elevation (BFE) means the highest predicted flood elevation of a stream during the 100-year flood or the one percent AEP event.
Base station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:
(a)
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul;
(b)
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks); provided that, wireline connections in the rights-of-way linking antennas to other elements of a small cell, DAS or similar network will not be treated as part of the wireless communications facility and instead their placement shall be subject to review consistent with applicable provisions of the Greenville City Code governing right-of-way use, and placement of utility facilities; the applicable franchise; and South Carolina law; or
(c)
Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses the aforementioned equipment that has been reviewed and approved for placement of such equipment under the city's zoning process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. However, for structures other than towers that support equipment described above in this definition, including but not limited to the sides of buildings, water towers, or utility poles, the term includes only that portion of a structure specifically approved to support the wireless equipment described above, and only relates to activities necessary to permit the installation, maintenance, replacement or collocation of wireless equipment described in the preceding paragraph. The exemption of a structure from review is not an approval.
Basement means a story having not less than one-half its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for business or dwelling purposes.
Bed and breakfast inn means an owner-occupied dwelling having ten or fewer guest rooms where overnight accommodations and a morning meal are provided to transients for compensation. This use type is regulated under the "visitor accommodations" use category in article 19-4, use regulations.
Berm means an earthen mound formed to shield undesirable views, decrease noise, or add topographical interest.
Blank masking means the portion of a sign face without copy.
Block means a parcel or group of parcels of land entirely surrounded by public or private streets or alleys.
Block face means a representational group of properties that face one side of a logical street section, such as a section between two intersecting streets.
Boardinghouse means a building other than a use classified as "visitor accommodations" where, for compensation and by prearrangement for definite periods, lodging or lodging and meals are provided for three or more persons. This use type is regulated under the "group living" use category in article 19-4, use regulations.
Bodily fluid collection establishment means a business or other use that pays compensation for the collection of blood or other bodily fluids. Blood donation establishments and sites, such as the American Red Cross, are not included in this definition.
Body piercing means the creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow, but does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.
Brewery, winery, or distillery means a facility where beer, wine, liquor, or other alcoholic spirits are manufactured for wholesale distribution. This does not include establishments manufacturing these products for on-site distribution accessory to permitted principal uses like restaurants or bars and where no wholesale trade takes place. This use type is regulated under the "manufacturing and production" use category in article 19-4, use regulations.
Buffer means open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another.
Buffer yard means the designated area used to soften the impact of dissimilar land uses and provide screening to satisfy the requirements of this chapter.
Building means Any structure having a roof supported by columns or walls and which is designed for shelter, storage, or enclosure of persons, animals, or property of any kind.
Building setback line means A line establishing the minimum allowable distance between the nearest portion of any building and the property line when measured parallel thereto.
Business school means A specialized instructional establishment that provides on-site training of business, commercial, or trade skills, such as accounting, data processing, and computer repair. This use type is regulated under the "educational facilities" use category in article 19-4, use regulations.
Caretaker's residence means An accessory use which, due to the nature and operating characteristics of the principal use, may be authorized for residential occupancy to provide security and safekeeping of the principal use.
Casino or gambling establishment means Any business, regardless of primary use, having within a single structure the operation for gambling purposes of more than five player stations for machines that are subject to licensing under S.C. Code 1976, § 12-21-2720(A)(3). The term "casino" or "gambling establishment" shall also mean any two or more establishments having such machines, regardless of number, and located within 100 feet of each other when the licenses for such establishments are issued to the same person or to a business entity having the same principals. This use type is regulated under the "retail sales and services" use category in article 19-4, use regulations.
Cemetery, columbarium, mausoleum means a place used for the internment of human or animal remains or cremated remains, including a cemetery for earth internments, a columbarium for cinerary internments, a mausoleum for vault internments, or a combination thereof. This use type is regulated under the "parks and open areas" use category in article 19-4, use regulations.
Certificate of appropriateness means a document issued by the administrator, following a prescribed review procedure, certifying that the proposed actions by the applicant are found to be acceptable in terms of design criteria relating to the individual property and the preservation district.
Check-cashing establishment means a use other than a bank or financial institution that cashes checks, drafts, and money orders for a fee, service charge, or other consideration regulated pursuant to the provisions of S.C. Code 1976, title 34, chapter 41.
City means the City of Greenville, South Carolina.
Civic club means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests. There are no sleeping facilities and they are also called a "lodge." This definition shall not include fraternities or sororities. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Cluster subdivision means a form of residential subdivision that permits housing units to be grouped on sites or lots with dimensions, frontages, and setbacks reduced from conventional sizes, provided the density of the tract as a whole shall not exceed the density allowed by the district under existing regulations and the remaining land area is devoted to common open space.
College or university means an institution other than a business/vocational school that provides full-time or part-time education beyond high school. This use type is regulated under the "educational facilities" use category in article 19-4, use regulations.
Columbarium. See Cemetery, columbarium, mausoleum.
Commercial message means any wording, logo, or other representation that directly or indirectly names, advertises, or directs attention to business operations (profit or nonprofit), or to a product, service, sale or sales event, or to any other commercial interest or activity.
Commercial vehicle means any propelled or nonpropelled vehicle designed or used for commercial purposes.
Common open space means land and/or water within or related to a cluster residential development, not individually owned, which is designed and intended for the common use or enjoyment of the residents of the development or the public which may contain such accessory structures and improvements as are necessary and appropriate for recreational purposes and utilities. A condition of the cluster residential development approval shall be that common open space may not be further subdivided.
Communication tower, freestanding means a structure erected on the ground and used primarily for the support of broadcast and/or receiving equipment and utilized by commercial, governmental, or other public or quasi-public users. A communication tower includes structures supporting equipment used in the provision of personal wireless services, but does not include private home use of satellite dishes and television antennas or amateur radio operators as licensed by the Federal Communications Commission. This use type is regulated under the "utilities" use category in article 19-4, use regulations.
Communication tower, roof-mounted means a structure placed on a building used primarily for the support of broadcast and/or receiving equipment and utilized by commercial, governmental, or other public or quasi-public users. A communication tower includes structures supporting equipment used in the provision of personal wireless services, but does not include private home use of satellite dishes and television antennas or amateur radio operators as licensed by the Federal Communications Commission. This use type is regulated under the "utilities" use category in article 19-4, use regulations.
Community center means a building to be used as a place of meeting, recreation, or social activity and not operated for profit and in that neither alcoholic beverages nor meals are normally dispensed or consumed. This use type is regulated under the "community service" use category in article 19-4, use regulations.
Community garden means a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. This use type is regulated under the "parks and open areas" use category in article 19-4, use regulations.
Community park. See Park, community.
Comprehensive plan means the city's comprehensive plan, developed by the planning commission and adopted by the city council intended to guide the physical development of the city, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
Concealment element means any design feature, including but not limited to painting, landscaping, shielding requirements and restrictions on location, proportions, or physical dimensions in relation to the surrounding area or supporting structures that are intended to make a wireless communications facility or any supporting structure supporting it less visible to the casual observer.
Condominium means a type of development in which the dwellings, offices, floor area, etc., are owned individually and the structure, common area, and joint facilities are owned by all of the individual owners on a proportional and undivided basis.
Construction means any preparation, building, or erection of a structure.
Contractor's materials means wholesaling, retailing, or rental of building supplies or equipment. This use type includes lumberyards, tool and equipment sales or rental establishments, and building contractor's yards. This use type is regulated under the "wholesale sales" use category in article 19-4, use regulations.
Contractor's office with on-site storage means a room or group of rooms used for conducting the affairs of business for a builder, contractor, subcontractor, or similar, that includes storage facilities on the premises. This use type is regulated under the "industrial services" use category in article 19-4, use regulations.
Convenience store means a general retail store that sells goods and services and that may include the sale of ready-to-eat food products (not intended for on-premises consumption), gasoline, groceries, and sundries. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Convention center means a facility designed and used to accommodate 300 or more persons for conventions, conferences, seminars, product displays, recreation activities, entertainment functions, and similar activities. Accessory functions include temporary outdoor displays and food/beverage preparation and service for on-premises consumption.
Copy means all words, letters, numbers, figures, characters, artwork, symbols, or insignia that are displayed on a sign face.
Cornice means a prominent, continuous, horizontally projecting feature found at the top of a wall, under the eave of a roof, above an entrance, or projecting outwards from a wall's surface.
Cottage subdivision means a group of single-family homes built in close proximity to one another fronting a central green or lawn with additional land around the homes owned in common by the residents of the development.
County means the County of Greenville, South Carolina.
Critical root zone means the minimum area beneath a tree that must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is typically represented by a concentric circle centering on the tree trunk with a radius equal in feet to one times the number of inches of the trunk diameter: (CRZ in ft = 1 x diameter inches).
Cul-de-sac means a local street having one end open to traffic and being permanently terminated by a vehicular turnaround.
Curb lawn means the vegetated portion of a street section between the outside edge of the curb and the inside edge of the sidewalk.
Day care center (13+ people) means a facility providing care for 13 or more children or adults who do not reside in the facility, are present primarily during daytime hours, do not regularly stay overnight, and that may include some instruction. This use type is regulated under the "day care" use category in article 19-4, use regulations.
Day care home (six or fewer people) means a home occupation (accessory use) in which a permanent occupant of the dwelling provides for the care of up to six children or adults. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults. Those receiving care and who are not dependents of the occupant do not reside on the site. This use type is regulated under the "day care home" use category in section 19-4.4, accessory uses and structures.
Day labor service agency means a place where assignments for employment are made, regularly characterized by the following: the daily gathering of job seekers; at least some of the job seekers must be physically present to receive and accept a work assignment which is typically daily in duration or for some other short period of time; the work assignments are carried out off-site, oftentimes with transportation made available or otherwise facilitated by the agency; the work assignments typically do not include secretarial, clerical or professional services; and wages are typically paid on a daily basis upon request.
Dealers in precious metals means a person, corporation, or partnership who, as a principal use, buys precious metal or precious or semiprecious stones or gems from the general public, whether in bulk or in manufactured form, with an intent to obtain a monetary profit for himself or for a principal, as regulated by S.C. Code 1976, § 40-54-10 et seq.
Deferred presentment lender means a business or use that regularly accepts a check from a borrower drawn on the borrower's bank account to be presented for payment at a later date and that charges a fee for the service such as those regulated under S.C. Code 1976, title 34, chapter 39.
Demolition means the razing of any structure, in whole or in part, including its ruin by neglect of maintenance or repairs.
Department or discount store means a business that is conducted under a single owner's name in which a variety of unrelated merchandise and services are housed, enclosed, exhibited, and sold directly to the consumer. This use type is regulated under the "retail sales and services" use category in article 19-4, use regulations.
Design and specification manual means the manual approved by the planning commission outlining the procedures and criteria by which designers and the administrator design and evaluate utilities, streets, storm drainage and other improvements required by this chapter.
Designer means a person permitted to prepare plans and studies required by this chapter.
Detention center means a facility for the judicially required detention or incarceration of people, where inmates and detainees are under 24-hour supervision by sworn officers, except when on an approved leave. Provided that the use otherwise complies with this definition, a detention center may include, by way of illustration, a prison, jail, probation center, or juvenile detention home. Detention centers do not qualify as group living facilities. This use type is regulated under the "government facilities" use category in article 19-4, use regulations.
Developable acreage (as it pertains to cluster developments) means land that is located outside of designated floodplains and has a slope of less than 30 percent.
Developed land use conditions means the land use conditions reflected on the current city zoning map or a proposed development plan.
Developer means any person who acts on his own behalf, or as an owner or as an agent for an owner of property, and who makes application for the permit necessary to disturb land or vegetation.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, subdivision of land; construction or alteration of structures, roads, utilities, and other facilities; installation of septic systems; mining, dredging, grading, paving, excavation or drilling operations; deposit of refuse, debris, or fill materials; and, clearing of natural vegetative cover.
Diameter at breast height (DBH) means tree DBH is the outside bark diameter at breast height. Breast height is defined as 4.5 feet above the forest floor on the uphill side of the tree.
Direct glare means the effect causing visual discomfort resulting from insufficiently shielded light sources in the field of view.
Direct illumination means the center of a beam or main beam angle of a lighting fixture.
District means one of any number of continuous and contiguous geographic areas within which the provisions and regulations of this chapter apply uniformly to each class or kind of structure or land.
Dormer means a roof-mounted structural element with a gable roof and a window at its outer end that projects from a sloping roof of a building.
Dormitory means a building intended or used principally for sleeping accommodations where such building is related to an educational or public institution, including religious institutions. This use type is regulated under the "group living" use category in article 19-4, use regulations.
Drainage is a general term applied to the removal of surface or subsurface water from a given area either by gravity, natural means, or by systems constructed to remove water.
DRB means the design review board.
Drive-in restaurant means an establishment designed, in whole or in part, to accommodate the ordering and consumption of food and/or beverage in automobiles parked on the premises of such establishment in contradistinction to a restaurant with a drive-through window. This use type is regulated under the "eating establishments" use category in article 19-4, use regulations.
DRP means the design review panels.
Dwelling, duplex means a residential building containing two dwelling units located on a single lot. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, multiple-family means a residential building containing three or more dwelling units located on a single lot. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, multiple-family (high-rise) means a building containing three or more dwelling units and that exceeds five stories. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, single-family means a building used exclusively as a place of residence for one family. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, single-family attached means two or more single-family dwelling units located on separate lots each with its own outside entrance which are joined together by a common party wall or connecting permanent structures such as breezeways, carports or garages. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling, single-family detached means a residential building containing not more than one dwelling unit and not physically attached to any other principal structure, specifically excluding manufactured homes. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Dwelling unit means a building or portion of a building designed and used as independent living facilities for a single household and that includes permanent provisions for living, sleeping, cooking, eating, and sanitation.
Dwelling, upper story means a dwelling unit located on the second floor or higher of a building and usually located above a ground floor commercial use. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Easement means a grant or reservation of one or more property rights by the owner of land for the use of such land by others.
Elevated building means a building without a basement built to have its lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts or piers), shear walls, or breakaway walls.
Eligible facilities request means a request for modification of an existing tower or base station that does not involve a substantial change in the physical dimensions of such tower or base station, involving: collocation of new transmission equipment; removal of transmission equipment, or replacement of transmission equipment.
Eligible support structure means any tower or base station provided it was in existence at the time the relevant application is filed with the city under this ordinance.
Emergency response facility means a building or portion of a building used for police, fire, and/or medical equipment and personnel. This use type is regulated under the "government facilities" use category in article 19-4, use regulations.
Employee, as used in the context of a sexually oriented business, means a person who works for or performs in and/or for a sexually oriented business, regardless of whether or not the person is paid a salary, wage, or other compensation by the operator of the business.
Equipment compound means an area surrounding or near the base of a wireless support structure within which are located wireless communications facilities.
Establishment means As used in the context of a sexually oriented business, any of the following:
(A)
The opening or commencement of any such business as a new business;
(B)
The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this article;
(C)
The addition of any of the sexually oriented businesses to any other existing sexually oriented business; or
(D)
The relocation of any such sexually oriented business.
Event venue means a facility designed and used to accommodate fewer than 300 persons for conventions, conferences, seminars, product displays, recreation activities, entertainment functions, and similar activities. Accessory functions include temporary outdoor displays and food/beverage preparation and service for on-premises consumption.
Existing support structure means a freestanding structure, other than a tower, upon which wireless communications facilities are already affixed at the time an application is received for placement of a wireless communications facility.
Extended advertising space means the area on Type I outdoor advertising signs that extends beyond the normal rectangular shape of the sign face.
Exterior architectural feature means the general architectural arrangement of such portion of the exterior of any structure or the site improvements related thereto, or both, including, but not limited to:
(A)
The kind, color, and texture of the building material of such portion so open to view.
(B)
The type and design of all windows, doors, lights, signs, walls, fences and other fixtures appurtenant to such portion.
(C)
The location, adequacy and treatment of any vehicular access to such structure and so open to view.
Extraneous information means as it relates to signs, extraneous information is data that does not identify the name of the person or entity, its essential function, and its street address.
Fall zone means the area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
Family means a person living alone, or a group of people, including domestic employees, living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, eating and sanitary facilities as distinguished from a group occupying a boardinghouse or other group living facility or visitor accommodations.
Fee, generally, means the monetary amount charged by the city for processing and review of an application for development under this chapter.
Financial institution. See Bank or financial institution.
Flag, advertising means a flag displaying the name, insignia, emblem, or logo of a profit-making entity.
Flag, governmental means a flag displaying the name, insignia, emblem, or logo of any nation, state, municipality or noncommercial organization.
Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or surface waters from any source.
Flood hazard boundary map (FHBM) means an official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the special flood hazard areas.
Flood insurance rate map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.
Flood light means any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more thank one foot during the 100-year flood.
Floodway fringe means the area between the floodway and the boundary of the 100-year flood.
Floor means as used in this chapter, any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof.
Footcandle (FC) means a quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot.
Footprint means the area of land surface on the site that will be covered by the planned building. It shall equal the outside dimensions of the structures depicted on the plans used by the builder or contractor.
Fortune telling means a use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune telling shall be limited to uses where the fortune is told through astrology, augury, card or tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic medium ship, necromancy, palmistry, psychometry, phrenology, prophecy, spiritual reading or any similar means. Fortune telling does not include forecasting based on historical trends or patterns, religious dogma, or any of the previously listed arts when presented in an assembly of people who purchase tickets or means in exchange for the presentation at a site licensed for such purpose.
Frontage means the distance between the side lot lines measured at the street right-of-way.
Full cutoff fixture means an outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.
Golf course means a large unobstructed acreage with at least nine holes for playing a game of golf which is available for public use and may be improved with tees, greens, fairways, and hazards. This use type is regulated under the "parks and open areas" use category in article 19-4, use regulations.
Grade means a reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot lines or between the building and a point six feet from the building, whichever is closer to the building.
Grading means altering surfaces to specified elevations, dimensions, and/or slopes; includes stripping, cutting, filling, stockpiling, and shaping, or any combination thereof.
Grocery store means a retail establishment that primarily sells food, but may also sell other convenience and household goods. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Gross floor area means the total horizontal area of all floors of a building, including interior balconies and mezzanines, measured from the interior faces of the exterior walls of a building.
Group day care home (seven to 12 people) means a dwelling in which a permanent occupant of the dwelling provides for the care of a minimum of seven and a maximum of 12 children or adults. Those receiving care do not reside on the premises, are not related to the occupant or to each other by blood or marriage, and are not the legal wards or foster children of the attendant adults. This use type is regulated under the "day care" use category in article 19-4, use regulations.
Group home means an establishment where four or more persons, not regularly employed due to age or disability and not related by blood or marriage to the owner or operator of such an establishment, are lodged, kept or temporarily confined, whether such persons be supported by charity or fees charged therefore, as opposed to a rooming house or boardinghouse. This use type is regulated under the "institutions," or in some cases the "household living," use category in article 19-4, use regulations.
Health club means a building or portion of a building designed and equipped for the conduct of sports, exercise, or other customary and usual recreational activities. It may be operated for profit or not-for-profit and may be open only to bona fide members and guests of the organization or open to the public for a fee. This use type is regulated under the "retail sales and services" use category in article 19-4, use regulations.
Heavy equipment sales or rental means the display, sales, or rental of products and services outside of a building or structure, including, but not limited to, farm and construction equipment. This use type is regulated under the "industrial services" use category in article 19-4, use regulations.
Heavy manufacturing. See Manufacturing, heavy.
Height of building means the vertical distance from the grade to either the highest point of the coping of a flat roof; the deck line of a mansard roof; or the midpoint of the roof between the ridge line and the eave line.
Heliport means an area used or intended to be used for the landing and takeoff of helicopters, including operations facilities such as maintenance, loading and unloading, storage, fueling, or terminal facilities. This use type is regulated under the "transportation terminals" use category in article 19-4, use regulations.
Heritage tree means any tree having a DBH of 20 inches or more that is located on either public or private property and within a required setback, and any understory or ornamental tree having a DBH of ten inches or more in diameter that is located on either public or private property and within a required setback.
Highway means a street or traffic way serving and designated as a state or United States route.
Historic tree means any tree having a DBH of 30 inches or more that is located on either public or private property and within a required setback, and any understory or ornamental tree having a DBH of 20 inches or more in diameter that is located on either public or private property and within a required setback.
Home occupation means an occupation, profession, or trade customarily and commonly carried out by an occupant in a dwelling unit as an accessory use which is clearly incidental and subordinate to the principal residential use.
Homeowners' association means a private nonprofit association which is organized by the developer or land owners of a residential development in which individual owners share common interests in open space and/or facilities and are responsible for preserving, managing, and maintaining the common property and enforcing certain covenants and restrictions.
Hospital means an establishment providing physical or mental health services with overnight accommodations for the sick and injured, including as an integral part of the establishment-related facilities such as laboratories, outpatient facilities, training facilities, and medical offices. This use type is regulated under the "health care facilities" use category in article 19-4, use regulations.
Hotel or motel means a building or group of buildings containing individual sleeping or living units designed for temporary occupancy of persons who, for compensation, are lodged with or without meals. This use type is regulated under the "visitor accommodations" use category in article 19-4, use regulations.
Household means a family living together in a single dwelling unit with common access to and common use of all living and eating areas and facilities for the preparation and serving of food within the dwelling unit.
IESNA means the Illuminating Engineering Society of North America, a nonprofit professional organization of lighting specialists that has established recommended design standards for various lighting applications.
Impervious surface means a natural or manmade substance covering a lot or site that is not porous and does not accept rain or surface water.
Indoor entertainment facility means an establishment having as its principal or predominant use the offering of participatory or spectator entertainment and which may sell alcohol for consumption on the premises. Sandwiches, light meals, snacks, and/or full service meals are available for consumption on the premises but are not the principal or predominant use of the establishment. Examples include, without limitation, cinemas, theaters, arcades, coliseums, and bowling alleys. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Internal refractive lens means a glass or plastic lens installed between the lamp and the sections of the outer fixture globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the light source thereby reducing direct glare.
Irrigation system means a device or combination of devices having a hose, pipe, or other conduit installed in the landscape which transmits city water, through which device or combination of devices city water or a mixture of city water and chemicals is drawn and applied to residential or commercial lawns, landscapes or greenspace.
Junk and salvage yard means any use involving storage and/or sale of disused, dismantled, or wrecked vehicles, equipment or machinery or the storage or processing of scrap metal, wastepaper, rags, wastes, construction wastes, industrial wastes or other scrap, salvage, waste or junk materials. This use type is regulated under the "waste-related services" use category in article 19-4, use regulations.
Kennel means a facility where four or more dogs, cats, or other animals over three months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed. Such facilities may be entirely indoors or may have both indoor and outdoor components. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Lamp means the component of a luminaire that produces the light.
Land means any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the city.
Land-disturbing activity means any activity involving the clearing, cutting, excavating, filling, or grading of land or any other activity that alters land topography or vegetative cover.
Landing strip. See Airport/landing strip.
Landmark means any physical feature or site or improvement designated by the appropriate Design Review Board (DRB) panel in accordance with section 19-2.3.20 as a physical feature or improvement, which, in whole or part, has historical, social, cultural, architectural or aesthetic significance to the city, the state, the region, or the nation; and meets the eligibility requirements as set forth in section 19-2.3.20.
Landscape nursery means the growing, storage, and sale of garden plants, shrubs, trees, or vines for resale, including incidental retail sales conducted from within a building not exceeding 20 percent of the combined wholesale and retail sales volume during any year. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Landscape plan means a site plan depicting planned locations of trees, shrubs, lawns, and other landscaping that will be established on the site.
Landscaping means that aspect of property which is used to support the growth and maintenance of vegetation, whether of woody or herbaceous species, and which can include any variety of natural or artificially propagated species of plants. Such aspect shall not be unkempt or abandoned property that is predominantly covered with noxious weeds, but may contain fences, walls, or berms.
Level of service (LOS) means qualitative measures that characterize operational conditions within a traffic stream and their perception by motorists and passengers. The descriptions of individual levels of service characterize these conditions in terms of such factors as speed and travel time; freedom to maneuver; traffic interruptions; and comfort and convenience. Six levels of service are defined by the highway capacity manual for signalized intersections based upon available procedures. They are assigned letter designations from A to F, with LOS "A" representing the best operating conditions and LOS "F" as the worst.
Library means a public facility for the use, but not sale, of literary, musical, artistic, or reference materials. This use type is regulated under the "community service" use category in article 19-4, use regulations.
Light manufacturing. See Manufacturing, light.
Light pole means a structure that is designed specifically for and used to provide lighting.
Light source means the element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.
Light trespass means effects of light that stray from the intended purpose and becomes an annoyance, a nuisance, or a determent to visual performance. As such, light trespass should always be considered negative, unlike spill light, which can have positive or negative attributes. Light trespass is the encroachment of light causing annoyance, loss of privacy, or other nuisance.
Liquor store means a place of business licensed by the state alcoholic beverage commission exclusively for the retail sale of alcoholic beverages, excluding beer and wine, in original packages for consumption off the premises where sold. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Loan broker means a business or use that regularly assists consumers in finding a lending establishment, other than the broker itself, in consideration of a fee.
Lot means a parcel of land defined by plat or by metes and bounds description that has been legally recorded in the office of the county register of means conveyance. The term "lot" includes the term "plot."
Lot, corner means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost points of the lot (or an extension of the lot where it has been rounded by a street radius) meet an interior angle of less than 135 degrees.
Lot, double frontage means a lot that extends through a block having frontage on two streets that do not intersect at the boundary of the lot. A corner lot shall be considered having double frontage if it has access on three or more sides.
Lot, flag means an interior lot located behind another lot that has a narrow strip of land that runs along one side of the front lot to provide access to the public street. A panhandle or pipe stem lot is considered a flag lot.
Lot of record means a lot that exists as shown or described on a plat or deed in the records of the county register of mesne conveyance.
Lot remnant means lots below minimum area and width left over after subdividing tracts of land.
Lot width means the distance between the side lot lines at the front setback line as measured along a line parallel to the front lot line or parallel to the chord thereof.
Lowest finished floor means the lowest finished floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage located in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of this section.
Lumen means a unit of luminous flux.
Luminaire means a complete lighting system, including a lamp and a fixture.
Luminaire, full-cutoff means a luminaire where no light occurs above the horizontal plane and no more than ten percent of the lamp lumens occur above 80 degrees.
Luminaire, semi-cutoff means a luminaire where less than five percent of the lamp lumens occur above the horizontal plane.
Maintenance, storage, and distribution facility means a use conducted by the city or another governmental entity to provide for the operation and maintenance of public facilities and infrastructure. This use type is regulated under the "government facilities" use category in article 19-4, use regulations.
Manufactured home means a structure that is transportable in one or more sections built on a permanent chassis and designed to be used with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Mobile Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. Sales or storage lots for unoccupied manufactured homes are not considered to be manufactured home parks. This use type is regulated under the "household living" use category in article 19-4, use regulations.
Manufacturing, heavy means a use engaged in the in the mechanical or chemical transformation of materials or substances into new products, including the assemblage of component parts, the creation of products, and the blending of materials. Heavy manufacturing includes those uses that produce noise, odor, vibration, dust, or hazard discernible beyond the property. Examples include, but are not limited to, refining or initial processing of raw materials, rolling, drawing, or extruding of metals; and log decking, storage, and ponding. This use type is regulated under the "manufacturing and production" use category in article 19-4, use regulations.
Manufacturing, light means manufacturing uses that do not produce odor, vibration, dust, or hazard discernible beyond the property. Examples include, but are not limited to, assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item. This use type is regulated under the "manufacturing and production" use category in article 19-4, use regulations.
Masonry wall means a structural wall to be built with stone, brick, or other natural or similar material.
Marquee means a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building.
Mausoleum. See Cemetery, columbarium, mausoleum.
Mean sea level means the average height of the sea for all stages of the tide.
Medical facility means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, and visitors. This use type is regulated under the "health care facilities" use category in article 19-4, use regulations.
Micro wireless facility means a small wireless facility that meets the following qualifications:
(a)
Is not longer in dimension that 24 inches in length, 15 inches in width, and 12 inches in height; and
(b)
Any exterior antenna that is no longer than 11 inches.
Mobile food unit means any vehicle, trailer, or other movable motorized or non-motorized structure that is used for the sales of food and beverages to the general public. This enterprise is generally classified within the "restaurant with no seating" use type within the "eating establishments" use category in article 19-4, use regulations.
Modular building unit means any building or building component of closed construction, regardless of the type of construction or occupancy classification and other than a manufactured home, constructed off-site in accordance with the South Carolina Modular Building Construction Act and Rules and Regulations and transported to the point of use for installation or erection.
Monopole means a single, freestanding pole-type tower designed to support one or more wireless communications facilities; a monopole is not a utility pole or a light pole.
Mortuary means an establishment engaged in undertaking services such as preparing the dead for burial or cremation and arranging and managing funerals. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Motel. See Hotel or motel.
Mulch means 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.
Multiple-family dwelling. See Dwelling, multiple-family.
Multiple-family dwelling (high-rise). See Dwelling, multiple-family (high-rise).
Multi-stem tree means where three or more main stems arise from the ground from a single root crown or at a point just above the root crown and a tree whose mature height can be expected to exceed 15 feet and whose crown spread can be expected to exceed ten feet.
Museum means a building having public significance by reason of its architecture or former use or occupancy, or a building serving as a repository for a collection of natural, scientific, cultural, or literary curiosities or objects of interest or works of art and designed to be used by members of the public for loaning or viewing, with or without an admission charge. This use type is regulated under the "community service" use category in article 19-4, use regulations.
National Geodetic Vertical Datum (NGVD) means the reference points established by the National Geodetic Survey based on mean sea level, as correct in 1929.
Nearly nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting belts, strips of cloth, straps or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that the effect of achieved by such appearance is approximately the same as viewing nudity.
Neighborhood park. See Park, neighborhood.
Niche means An alcove or three-sided enclosure on a building's exterior wall.
Nightclub means an establishment, whether public or a private club, including cocktail lounges, etc., serving to a predominantly adult clientele and whose primary business is the sale of alcoholic beverages, including beer and wine, for consumption on the premises in conjunction with dancing or live performances. The purchase of food is at the option of the customers and not required by the operator. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
No-build use easement means the portion of an individual building lot within a cottage subdivision that is owned in fee simple by one home owner, but that is subject to an easement that allows an adjacent owner to use the land in conjunction with their own adjacent private yard.
Node site license means a site-specific approval for the installation of a wireless communications facility, including the structure supporting same, at a particular location with the public rights-of-way regardless of the type of support structure or pole utilized.
Nonconforming is a term applied to lots, structures, and uses of land which were lawful before the adoption of this chapter, or before the passage of an amendment to this chapter, but which are prohibited by, or which are not in compliance with, the requirements of this chapter.
North American Vertical Datum (NAVD) means the datum points established at the Pointe-au-Pere on the Saint Lawrence River, Quebec Provence, Canada, based upon the mass or density of the earth. The datum listed as a reference on the community FIRMs and required to be used for elevation certificates and floodproofing certificates.
Nude, nudity, and state of nudity.
(A)
The appearance of the human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast; or
(B)
A state of dress which fails to opaquely and fully cover the human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
Office means a room or group of rooms used for conducting the affairs of a business, profession, or service industry. Examples include professional services such as lawyers, accountants, engineers, architects, or real estate agents; data processing; and sales offices.
Operator means the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
Ordinary repair and maintenance means any work, the purpose and effect of which is to correct or prevent any deterioration or decay of, or damage to, a structure or any part thereof and to restore the structure, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage using materials which are of a design, color and outer appearance as close as practicable to the original.
Ornamental and understory street trees means any evergreen or deciduous tree whose mature height can be expected to exceed 15 feet and whose crown spread can be expected to exceed ten feet.
Outdoor lighting means the nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means.
Outdoor entertainment facility means an establishment having as its principal or predominant use the offering of outdoor participatory or spectator entertainment and which may sell alcohol for consumption on the premises. Sandwiches, light meals, snacks, and/or full service meals are available for consumption on the premises but are not the principal or predominant use of the establishment. Examples include, without limitation, stadiums and amphitheaters. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Outdoor storage lot means any portion of a site where items are regularly stored, including, but not limited to, items such as pipe, building materials, lumber, plumbing supplies, damaged vehicles, or salvaged construction equipment. Not included in this definition is the short-term storage for sale of seasonal items such as grass seed, fertilizer, and plants. This use type is regulated under the "warehouse and freight movement" use category in article 19-4, use regulations.
Outparcel means a separate lot, site, parcel, or tract of land located within a larger development. Typically associated with a retail shopping center or similar use.
Owner means The individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision, any interstate body, or any legal entity, who owns a legal interest in the property or the person in control of the property.
Oversized vehicle means any propelled or non-propelled vehicle that exceeds two tons rated capacity, exceeds 85 inches in height, or exceeds 250 inches in length, excluding a recreational vehicle.
Parapet means that portion of a building wall that rises above the roofline.
Park, community means public parkland intended to serve the recreation needs of people living or working within a two-mile radius of the park. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Park, neighborhood means public parkland intended to serve the recreation needs of people living or working within one-half mile radius of the park. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Park or playground means an area or facility to be used for recreation, exercise, sports, education, rehabilitation, or similar activities, or an area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Park, regional means a park typically 150 to 500 acres in size focusing on activities and natural features not typically included in neighborhood or community parks and often based on specific scenic or recreational opportunities. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Parking lot means any area, paved or unpaved, used for egress or ingress or to store or park vehicles. The areas designated for the display of new and used vehicles for sale are not included in this definition. This use type is regulated under the "parking, commercial" use category in article 19-4, use regulations.
Parking structure means a structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages, deck parking, and underground or underbuilding parking areas. This use type is regulated under the "parking, commercial" use category in article 19-4, use regulations.
Parking space, off-street means an area not located within a street right-of-way adequate for parking a motor vehicle with room for opening doors on both sides, together with properly-related access to a public street arranged so that no maneuvering incidental to parking shall occur on any public street and so that a vehicle may be parked or unparked without moving any other automobile.
Passenger terminal (surface transportation) means a facility or location that receives and discharges passengers and at which facilities and equipment required for their operation are provided. Examples include terminals for bus, trolley, taxi, light rail, railroad, shuttle van, or other similar vehicular services. This use type is regulated under the "transportation terminals" use category in article 19-4, use regulations.
Pawn shop means a business or use that regularly loans money on the security of pledged tangible goods such as jewelry, cameras, or like personality or that purchases such goods on the condition that they may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
Pennant means any lightweight plastic, fabric, or other material, whether or not containing copy, suspended from a rope, wire or string usually in a series and designed to move in the wind. Strings of lights shall be considered a pennant.
Permit means the authorization necessary to begin a land use activity under the provisions of this chapter.
Permitted or licensed premises means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
Permittee and licensee means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any legal entity.
Personal services, general means an establishment primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Examples include, without limitation, beauty and barbershops, shoe repair shops, and tailor shops. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Planned development means a use of land that is planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate commercial, industrial, residential uses, or a combination of such uses, and appurtenant common areas.
Planning commission means the City of Greenville Planning Commission.
Pole means a vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located at a particular location. The term includes without limitation, a replacement pole and, when used to refer to a location in the rights-of-way, an authority pole. Such term shall not include a support structure or electric transmission structure.
Post office means a use which provides service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. This use type is regulated under the "government facilities" use category in article 19-4, use regulations.
Precious metal means any article made in whole or in part of gold, silver, or platinum.
Precious or semiprecious stone or gem means any stone or gem that is rare or costly or any stone or gem that is of lower value than those classified as precious.
Predeveloped conditions means those land use conditions that existed before any development had taken place on the site, when the site was in its natural undisturbed condition.
Predominant use is a term used in C-4 districts only. The term "predominant use" means the use that is the primary basis for activity on the premises. For purposes of determining the predominant use, the following factors shall be assessed to the extent relevant to the premises under review: total square footage of premises, and the square footage allocated for all the uses; occupancy loads per area; seating plans, the space dedicated to the furnishings, equipment and fixture with attention given to size, type, number and configuration of such furnishings; percentage total revenue derived from the use; and the hours of operation of the establishment. A predominant use need not account for the majority of activity of each of the factors considered, but it is established by being significantly greater than other uses on the premises when the factors are considered as a whole. It may be possible in mixed-use circumstances to have more than one predominant use. The administrator shall have the authority to consider other factors that are relevant and customary to the business, trade, or profession for the uses being elevated.
Prefabricated building display and sales means a retail sales and service use in which prefabricated buildings (fabricated off-site and transported to the use location) are displayed and sold. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Preliminary plat means the preliminary plat of a subdivision submitted pursuant to the subdivision regulations (subsection 19-2.3.13, land development).
Preschool means a school for children primarily between birth and five years of age. This use type is regulated under the "day care" use category in article 19-4, use regulations.
Preservation overlay (PO) district means a geographical area to which the provisions of subsection 19-3.2.2(P), preservation overlay district, apply and the boundaries of which the city council has established pursuant to the provisions of this chapter.
Primary lot frontage means the primary lot frontage is the portion of a lot that abuts the street from which the lot derives its street address.
Principal structure means a structure or building having significant or primary use and justifying its own utilization, such as a dwelling or office building, as contrasted to accessory structures which are incidental or subordinate to primary structures and do not alone justify their utilization, such as a tool shed or auto garage used in conjunction with a dwelling. Certain structures may be either principal or accessory depending upon utilization, such as a parking garage as an accessory structure to a high-rise apartment or as a principal structure when operated commercially in a business area.
Principal use means the significant or primary activity carried out within a structure or upon land.
Privacy wall means a continuous visual screen not less than six feet in height. The screen shall be a windowless wall, fence or other type of impenetrable and opaque material that is aesthetically compatible with existing development.
Private street/private access way means a means of vehicular access conveyed to property owner's association or condominium regime incorporated pursuant to the South Carolina Code of Laws designed and constructed to the standards of the design and specifications manual.
Property owner of record means the person identified as owner by county tax records.
Public building means any building owned, leased or held by the United States, the state, the county, the city, any special purpose district, any school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental or other public purposes.
Public park or recreation area means public premises which have been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, gymnasium, recreational center, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, open space, wilderness area or similar public premises within the city which are under the control, operation or management of the city park and recreation authorities or the equivalent state, county or recreation district authorities. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Public property includes that property of the city or a city agency, including that owned entirely by such public body, or over which it holds a right-of-way or easement on any streets, roads, parks, malls, or other public land. Private property that is subject to ad valorem property taxes and all easements and rights-of-way across such property are excluded from this definition.
Radio or TV broadcasting studio means a facility for the staging, recording, and broadcasting of audio or television productions. This use type is regulated under the "offices" use category in article 19-4, use regulations.
Rain sensor means an automatic device that will override the irrigation cycle of an irrigation system, thus turning it off, when a predetermined amount of rain has fallen. To meet the requirements of this section, a rain sensor shall be adjusted to shut off irrigation systems when up to one-fourth inch of rain has fallen.
Recreational trails means a way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized bicycles. This use type is regulated under the "parks and open space" use category in article 19-4, use regulations.
Recreational vehicle means any vehicle designed and/or used for temporary living and sleeping or recreational purposes, including pick-up coaches (cab-over camper), motorized homes, boats, travel trailers, camping trailers, jet skis, and snowmobiles, and which does not meet the specifications required for a manufactured home.
Recreational vehicle rental and sales means the display and sales or rental of recreational vehicles. This use type is regulated under the "vehicle sales and services" use category in article 19-4, use regulations.
Recycling drop-off center means a parcel of land on which wastes or used and secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials include, but are not limited to, scrap iron, paper, rags, rubber tires, bottles, discarded goods, machinery, or two or more inoperable motor vehicles. This use type is regulated under the "waste-related services" use category in article 19-4, use regulations.
Regional park. See Park, regional.
Registered civil engineer means a civil engineer properly registered and licensed in the state by the state board of engineering examiners.
Registered land surveyor means a land surveyor properly registered and licensed in the state by the state board of land surveyors.
Registered landscape architect means a landscape architect properly registered and licensed in state by the board of licensing examiners.
Religious institution means a structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are conducted, together with its accessory buildings and uses (including buildings used for educational and recreational activities), and which are operated, maintained, and controlled under the direction of a religious group. Accessory uses may include school facilities, parking, day care, cemeteries, columbaria, mausoleums, caretaker's housing, pastor's housing, and group living facilities such as convents. This use type is regulated under the "institutions" use category in article 19-4, use regulations.
Research laboratory means a facility for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Examples include plastics, genetics, biotechnology, pharmaceuticals, and polymers. This use type is regulated under the "manufacturing and production" use category in article 19-4, use regulations.
Restaurant means an establishment having as its predominant use the on-premises consumption of food and beverages. Restaurants have a designated full-service kitchen, dining room equipment, and persons to prepare and serve meals and food to guests in consideration of payment. Restaurants may have a combination of seating options, including indoor, outdoor, both indoor/outdoor, or no seating. This use type is regulated under the "eating establishments" use category in article 19-4, use regulations.
Retail sales and services, general means a commercial enterprise that provides goods and/or services directly to the consumer where such goods are available for immediate purchase and removal from the premises by the purchaser. Examples include, without limitation, stores selling, leasing, or renting consumer, home, and business goods such as art, art supplies, bicycles, cameras, clothing, dry goods, electronic equipment, fabric, furniture, gifts, hardware, home improvements, household products, jewelry, pet food, pharmaceuticals, indoor plants, printed material, stationary and videos; wineries; and, auction services. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Right-of-way means an interest in land to the city or SCDOT which provides for the perpetual right and privilege of the city or SCDOT, its agents, franchise holders, successors, and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain, and use a public street, including related and customary uses of street rights-of-way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and signage, sanitary sewer, storm water drainage, water supply, cable television, electric power, gas, and telephone transmission and related purposes in, upon, over, below, and across the rights-of-way.
Roadway means that portion of a street intended for the use by vehicular traffic.
Roof plane means one or more portions of a pitched roof that maintain the same pitch or cover the same portion of a building.
Runoff means that portion of precipitation falling within a watershed basin that is not evaporated into the atmosphere; captured by vegetation; collected in depressions; or infiltrated into the soil that results in the flowing over the surface of the ground or collecting in channels or storm sewers.
Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.
SCDOT means the South Carolina Department of Transportation.
School, public or private means an institution at the elementary, middle, or high school level that provides educational instruction to students. This definition does not include business schools or colleges. This use type is regulated under the "educational facilities" use category in article 19-4, use regulations.
Screening means any constructed wall, fence, building or living plant material used for the purpose of visually or functionally separating adjacent land uses as required by this chapter.
Sediment means solid material, both mineral and organic, that:
(A)
Is in suspension;
(B)
Is being transported; or
(C)
Has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.
Sediment control plan means a plan for the control of soil erosion and sedimentation resulting from land-disturbing activity.
Sedimentation means the processes which operate at or near the surface of the ground that deposit soils, debris, and other materials either on other ground surfaces or in stream channels.
Self-service storage facility means a building or group of buildings divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.). A self-service storage facility is also called a "mini-warehouse." This use type is regulated under the "self-service storage" use category in article 19-4, use regulations.
Semi-cutoff fixture means An outdoor light fixture shielded or constructed in such a manner that it emits no more than five percent of its light above the horizontal plane of the fixture and no more than 20 percent of its light ten degrees below the horizontal plane of the fixture.
Service and repair establishment means Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair types. Typical uses include appliance repair shops, shoe repair, watch, or jewelry repair shops or repair of musical instruments. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Setback means The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
Sexually oriented business means an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sex paraphernalia store as defined in section 8-442.
Shade tree means any evergreen or deciduous tree whose mature height can be expected to exceed 35 feet and whose crown spread can be expected to exceed 30 feet.
Shielding means a design feature or a device that is applied to a luminaire to prevent its luminous output from being visible from selected locations or horizontal and/or vertical angles.
Shopping center means a group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas, and pedestrian malls or plazas provided on the property as an integral part of the unit. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Shrubs means self-supporting woody plants, either deciduous or evergreen, with several stems and a normal mature height of three to 20 feet.
Low-growing shrub means any shrub easily maintained at 30 to 40 inches in height.
Intermediate shrub means any shrub easily maintained at four to six feet in height.
Major screening shrub means any shrub easily maintained at six to 20 feet in height.
Sight triangle means measured from the curb or edge of the pavement, the sight triangle is the triangular area created by a line connecting points on the front and side for lines at a distance as indicated in the design and specifications manual.
Sign means a device designed to inform or attract the attention of persons not on the premises on which the device is located, or to advertise, promote the interest of, or attract attention to, any business, industry, individual, group, enterprise, public performance, or cause. The definition of sign includes all the components necessary for its display, including supporting structure, footings, and lighting.
Sign, abandoned, means a sign structure that does not have a permanent sign face or pending sign permit application; or a sign advertising a business activity or firm that is no longer in operation at the location identified by the sign. An abandoned sign includes all elements of the sign, including its structure, sign face and sign copy.
Sign, awning, means a sign which is printed, painted, or affixed to an awning or canopy.
Sign, back-to-back, means a single sign structure with two parallel and directly opposite sign faces.
Sign, cabinet means a fabricated sign box, which may contain a light source and a plastic or aluminum face over a frame, with letters or graphics. Cloud signs are considered a cabinet or box sign cut out in a different shape than the typical square or rectangular design.
Sign, campaign, means a sign expressing support for a candidate for public office or another position regarding a public figure or a public issue relating to an upcoming election or referendum. Outdoor advertising signs shall not be considered campaign signs.
Sign, decorative post, means a low profile freestanding sign mounted on two poles placed at the outermost sides of the sign face. A decorative post sign is similar to a monument sign except that the base is not solid.
Sign, dilapidated, means a sign that the administrator has determined is structurally unsound, has defective parts, or is in need of painting or maintenance.
Sign, electronic message board means a sign that utilizes computer-generated messages or some other electronic means of fixed or changing sign copy. Electronic message boards include, but are not limited to, displays using incandescent lamps, LEDs, or LCDs.
Sign, menu board means a sign erected in conjunction with a use that incorporates a drive-through or drive-in and is generally used to provide service and/or product options and pricing for patrons who remain in a vehicle.
Sign, face, means the area within a regular geometric shape enclosing all copy and blank masking. Structural supports not bearing information shall not be included in the computation of sign face. All decorative embellishments or appurtenances, such as directional arrows, which are not part of the sign face shall not constitute more than 20 percent of the sign face.
Sign, flat panel means a flat, one-dimensional sign that is mounted on a wall and the face of which generally runs parallel to the wall. A flat panel sign contains information on a one-dimensional surface.
Sign, freestanding, means a sign that is permanently supported by a structure secured to the ground and is wholly independent of any building, other than a sign structure, for support.
Sign, freestanding suspended, means a sign comprised of a vertical pole, a horizontal decorative sign support, and a suspended sign face.
Sign, inflatable, means a sign that requires air, whether contained or blown, to keep and maintain its shape, or which causes an object to flutter.
Sign, mansard roof. See Sign, wall.
Sign, monument, means a freestanding sign which has a solid base that the sign face is installed upon.
Sign, movable, means a sign, such as an A-frame, that is moveable by a person without aid of a motor vehicle or other mechanical equipment.
Sign, multi-tenant, means a freestanding sign designed and approved to display the names of more than one licensed and legally established business.
Sign, nonconforming, means a sign that does not comply with the provisions of this chapter, but that was lawful at the time of its installation.
Sign, off-premises, means a sign advertising goods, products, services, or facilities that are located on premises other than those upon which the sign is located.
Sign, outdoor advertising.
(A)
Type I means a permanent freestanding off-premises sign, commonly referred to as a billboard, and that is generally used to rent or lease advertising space.
(B)
Type II means a sign located on, and designed as an integral part of, city-approved public transportation shelters and is generally used to rent or lease advertising space.
Sign, owner, means a person who either owns the real property upon which a sign is located; or a person who owns the sign itself; or a person whose products, services or cause is promoted by the sign; or a combination of those persons.
Sign, portable, means a sign that may be moved from one location to another, is not permanently affixed to the ground, and is differentiated from a movable sign in that it may be equipped for transportation by motor vehicle or other mechanical means. Trailer signs are considered to be portable signs.
Sign, projecting, means a sign that projects 12 inches or more from, and is supported by, a building wall.
Sign, pylon, means a freestanding sign typically supported by one or two steel columns, and is dissimilar from a monument sign because its base is not solid to the ground.
Sign, roof, means a sign that is erected, constructed or maintained above the roof of any building.
Sign, seasonal use, means a temporary sign for a use that operates only during certain seasons or holidays of the year and is not part of a yearround business.
Sign, single-tenant, means a freestanding sign designed and approved to display the name of only one licensed and legally established business.
Sign, snipe, means a temporary sign which is attached in any manner to a tree, pole, stake, fence, or other object.
Sign, structure, means that portion of the sign designed to support the loads, forces and combinations thereof encountered without exceeding in any of its structural elements the stresses described in the state building code.
Sign, suspended, means a sign that is suspended from, and supported by, the underside of a horizontal plane surface.
Sign, temporary, means a sign that is made of paper, cardboard, cloth, canvas, wallboard, or other lightweight material, with or without a frame, and is intended to be displayed for a limited period of time.
Sign, vehicle, means a permanent or temporary sign affixed to, painted on, or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premises, time of day, duration, availability of other parking spaces on the premises, and the proximity of the vehicle to the area of the premises where it is loaded, unloaded or otherwise carries out its principal function, which circumstances indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for said vehicle.
Sign, V-type, means a sign with two sign faces in the shape of the letter "V" when viewed from above; their faces oriented in different directions; and the interior angle created by the intersection of the sign faces not exceeding 60 degrees.
Sign, wall, means a sign painted on, or attached flat and parallel to, the exterior wall or surface of a building or other structure and which projects not more than 12 inches from that wall or surface. A sign located flat on a mansard roof shall be considered a wall sign.
Sign, window, means a sign which is painted on, applied to, or projected upon the glass area of a building, including doors, or located within 12 inches of the interior of a window.
Single-family attached dwelling. See Dwelling, single-family attached.
Single-family detached dwelling. See Dwelling, single-family detached.
Single-family dwelling. See Dwelling, single-family.
Sky glow means the brightening of the night sky that results from the reflection of radiation (visible and nonvisible) scattered from the constituents of the atmosphere (gaseous molecules, aerosols, and particulate matter), in the direction of the observer. It is comprised of two separate components: natural sky glow, that part of the sky glow attributable to radiation from celestial sources and luminescent processes in the earth's upper atmosphere; and artificial sky glow, that part of the sky glow attributable to manmade sources of radiation (e.g., outdoor electric lighting), including radiation emitted directly upwards and radiation reflected from the earth's surface.
Slope means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. (Example: Slope = 3:1 means three feet horizontal to one foot vertical.)
Small loan company means restricted lenders regulated under S.C. Code 1976, title 34, chapter 29 and supervised lenders regulated under S.C. Code 1976, title 37, chapter 3; however, the term "small loan company" does not include deferred presentment lenders, pawn shops, or those supervised lenders primarily providing short-term vehicle loans.
Small wireless facilities has the same meaning as under 47 C.F.R. §1.6001, or under any definition of that term under South Carolina law that is binding on the city, but only as to the placements to which the definition is required to apply.
Spa. See Health club or spa.
Spandrel glass means a type of glass that is used to cover construction materials, typically found between sections of a building, used to create a uniform exterior appearance. Spandrel glass is seldom transparent.
Special emphasis neighborhood means a land area whose boundaries are defined in accordance with the U.S. Department of Housing and Urban Development for eligibility under "area benefit activities" where at least 51 percent of the residents earn no more than 80 percent of the area median income for the county.
Start of construction means the first placement of permanent construction of a structure (other than a manufactured home) on a site such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or erection of temporary forms. For a structure (other than a manufactured home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure, or any part thereof, on its piling or foundation.
State means the State of South Carolina.
Stealth facility means any wireless communications facility designed to look like some feature other than a wireless tower or base station. Examples of stealth facilities include wireless facilities which are disguised as public art or markers, as flagpoles, as light poles, as indigenous trees, as rocks, or as architectural elements such as dormers, steeples and chimneys. To qualify as "stealth" design, the item in question must match the type of item that it is mimicking in size, scale, shape, dimensions, color, materials, function and other attributes as closely as possible, and placed in a manner and at a location appropriate to the item that it is mimicking. The elements that make a facility a stealth facility are concealment elements.
Stormwater management means the collection, conveyance, storage, treatment, and disposal of stormwater runoff in a manner designed to minimize the following: channel erosion; flood damage; runoff rates; and water quality degradation.
Stormwater management facilities or systems means structures that are designed for the collection, conveyance, storage, treatment, and disposal of stormwater runoff.
Stormwater management plan means a plan for the control of stormwater runoff resulting from land-disturbing activity.
Stormwater master plan means a plan developed for a watershed, or part thereof, that has been approved by city council to guide the design and development of the drainage system addressed by the plan.
Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
Story, half, means a space under a sloping roof that has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished for occupancy. A half story containing independent living quarters shall be counted as a full story.
Street means a thoroughfare designed to provide the principal means of access to abutting property or designed to serve as a roadway for vehicular travel, or both, but excluding alleys. The following descriptions define the categories of streets:
(A)
Arterial streets are of exceptional continuity; they are designed to carry the greater portion of through-traffic from one area of the city to another.
(B)
Collector streets are neither arterial nor local streets; their location and design provide exceptional continuity and serve as a means of access to traffic generators or serve as routes connecting arterial streets.
(C)
Local streets are designed to provide access to primarily residential areas and relatively short distances of travel. Subcategories of local streets are defined in the design and specifications manual.
Street line means the dividing line between a lot, tract or parcel of land and a contiguous street.
Street width means the shortest distance between the lines delineating the rights-of-way of a street.
Structural alterations means any change to the supporting members of a building, such as foundation, bearing walls, columns, beams, girders, rafters, etc.
Structure means anything constructed or erected that requires permanent location on the surface of the land. The term "structure" does not include features such as ornamental pools, planting boxes, sculpture or bird baths, open terraces, walkways, driveways, walls or fences, recreational equipment, flagpoles, light standards, underground fallout shelters, mailboxes, gatehouses, burial vaults or bus shelters.
Subdivider means any person, individual, firm, partnership, association, corporation, estate or trust or any other group, agent, or combination thereof acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as defined in this section.
Subdivision means the division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all divisions of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record.
Substantial change means a modification substantially changes the physical dimension of an eligible support structure if it meets any one or more of the following criteria:
(a)
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;
(b)
Changes in height should be measured from the original eligible support structure in cases where deployments are or will be separated horizontally, such as on building rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (February 22, 2012);
(c)
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(d)
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;
(e)
It entails any excavation or deployment outside the current site;
(f)
It would defeat the concealment elements of the eligible support structure; or
(g)
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above.
Substantial compliance, for purposes of subsection 19-2.3.14, means actual compliance with respect to the substance essential to every reasonable objective of the applicable approval or certificate of appropriateness as distinguished from simple technical imperfections of form.
Substantial damage means damage of any origin including fire, flood, lateral earth movement, war, or wind sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of its before-damaged market value. For purposes of this chapter, any structure flooded four or more feet above its lowest finished floor shall be considered "substantially damaged."
Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than 25 percent, as the floor areas exist on the effective date of the ordinance from which this article is derived.
Substantial improvement means for a structure built prior to the enactment of the ordinance from which this section is derived, any reconstruction, rehabilitation, addition, or other improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term "substantial improvement" includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. For the purpose of this definition, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Suggested plant list means the list of trees, shrubs, and ground covers approved for use in the city for compliance with this chapter as reflected in the design and specification manual.
Support structure means a building, billboard, water tank or any other structure to which a wireless communications facility may be attached other than a pole, decorative pole or electric transmission structure to which a wireless facility is or may be attached. A tower is a support structure for purpose of chapter 19.
Tattoo/tattooing means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments. The practice of tattooing does not include the removal of tattoos, nor the practice of micropigmentation, branding, cutting, scarification, skin braiding, or the mutilation of any part of the body.
Taxicab service means a service that offers transportation to persons via automobiles and vans. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Temporary means a specified period of time for which an activity or use is authorized.
Temporary vehicular turnaround means a designated surface area as specified by the administrator located within a right-of-way or easement that provides sufficient turning capacity for emergency vehicles.
Title loan lender means a supervised lender which regularly extends short-term secured loans such as those regulated by S.C. Code 1976, § 37-3-413, and accepts as security title to motor vehicles. The term "title loan lender" does not include supervised lenders other than those specializing in short-term vehicle secured loans or banks, credit unions, savings banks, and like depository institutions.
Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition includes a monopole, but does not include utility poles or light poles.
Towing service means a business that specializes in the removal of a motor vehicle by towing, carrying, hauling, or pushing from public or private property. This shall not include an automobile servicing use that has a tow truck and repair vehicles on site. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Tract means an area, parcel, site, piece of land, or property that is the subject of a development proposal and application.
Trade school means a school conducted as a commercial enterprise for teaching skills such as instrumental music, dancing, barbering, hairdressing, industrial skills in which machinery is employed as a means of instruction, etc. Incidental instructional services in conjunction with another primary use shall not be considered a business school. This use type is regulated under the "educational facilities" use category in article 19-4, use regulations.
Transfer of ownership or control of a sexually oriented business.
(A)
The sale, lease, or sublease of the business.
(B)
The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means.
(C)
The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
Transit oriented development means a development pattern or format that is intended to support and facilitate use of transit.
Tree means self-supporting woody plants of species that normally grow to an overall height of at least 15 feet.
Small tree means any tree normally maturing at a height of less than 30 feet.
Intermediate deciduous tree means any deciduous tree normally maturing at a height between 30 and 50 feet.
Major deciduous tree means any deciduous tree normally maturing at a height of at least 50 feet.
Small evergreen tree means any evergreen tree with a mature height of at least 15 feet.
Major evergreen tree means any evergreen tree with a mature height of at least 30 feet.
Tree density standard means a minimum number of tree density units per acre that must be achieved on a property after development.
Tree density unit means a credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this article.
Tree form shrub means a large deciduous or evergreen shrub that has been pruned of its lower limbs and other foliage, to a minimum height of four feet, to reveal the main vertical supporting branches.
Tree protection zone (TPZ) means a designated area around a tree or group of trees to be saved usually set off from construction activity by the use of a fence or other protective barrier thereby keeping the critical root zone of the tree protected and free from unwanted harmful activities. The area of the TPZ should be equal to or greater than the critical root zone.
Truck or freight terminal means an area and building where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. This use type is regulated under the "warehouse and freight movement" use category in article 19-4, use regulations.
Truck or trailer rental means the rental of truck or trailer equipment primarily intended for individual use and minor residential gardening and construction projects. This use does not include the rental, storage, or maintenance of large construction equipment. This use type is regulated under the "vehicle sales and service" use category in article 19-4, use regulations.
Unacceptable species means plant species which will not be counted toward the total tree requirements of this chapter.
Undeveloped multiresidential and nonresidential property means undeveloped property located within a district in which multifamily, industrial, service or commercial uses are included as permitted uses.
Undeveloped residential property means undeveloped property in a district zoned primarily for detached single-family dwelling units and duplexes, but not including as permitted uses industrial, service, and commercial uses.
Upper story dwelling. See Dwelling, upper story.
Usable wall area means the surface area of a building's exterior wall, including doors and windows, upon which a sign is proposed.
Utility, major, means services of a regional nature that normally entail the construction of new buildings or structures such as generating plants and sources; electrical switching facilities, stations and substations; water and wastewater treatment plants; and, similar facilities. This use type is regulated under the "utilities" use category in article 19-4, use regulations.
Utility, minor, means services that are necessary to support development within the immediate vicinity and that involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices; and well water and sewer pump stations. This use type is regulated under the "utilities" use category in article 19-4, use regulations.
Utility pole means a structure owned and/or operated by a utility that is designed specifically for and used to carry lines, cables, or wires for telephone, cable, television, or electricity.
Utility service area means that portion of a site occupied by items such as garbage dumpsters and compactors; large air-conditioning units; aboveground storage or fuel tanks; major electrical transformers; and similar equipment.
Variance means a grant of relief to a person from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
Vehicular use area means any area of a property which is not located within an enclosed structure and which is devoted to a use by and for motor vehicles, including parking (accessory or non-accessory) or storage of automobiles, trucks or other vehicles; service areas and drives. Any paved area designed to be used solely for access between a street and a vehicular use area is not considered part of the vehicular use area.
Veterinary clinic means a facility for the care and treatment of small animals, including household pets. Such facilities may be entirely indoors or may have both indoor and outdoor components. This use type is regulated under the "retail sales and service" use category in article 19-4, use regulations.
Wall, bearing, means a wall supporting imposed weight (live load) in addition to its own weight (dead load).
Wall pack means a type of light fixture typically surface-mounted on a vertical wall surface.
Wall pack feature means a type of lighting fixture typically flush-mounted on a vertical wall surface.
Wall, retaining, means a wall designed to prevent the lateral displacement of soil or any other material.
Warehouse means a use engaged in storage and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive. This use type is regulated under the "warehouse and freight movement" use category in article 19-4, use regulations.
Waste disposal or treatment operation means a facility or group of units used for the disposal or treatment of industrial or domestic wastes and for the reduction and handling of solids and gases removed from such wastes. This use type is regulated under the "waste-related services" use category in article 19-4, use regulations.
Wholesale establishment means an establishment primarily engaged in selling and distributing merchandise to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers; and acting as agents or brokers by buying merchandise for, or selling merchandise to, such individuals or companies. Examples include, without limitation, feed mills, granaries, and elevators; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck, or air freight terminals; bus barns; parcel services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials. This use type is regulated under the "wholesale sales" use category in article 19-4, use regulations.
Wireless communications facility or wireless communications facilities means a facility at a fixed location used in the provision of personal wireless services, wireless internet access services to the general public or public agencies, or wireless utility, governmental or educational services. The term includes the base station, and accessory equipment, if any, associated with the same, but excludes the pole or support structure, to which the facility is or will be affixed, and does not include end user equipment.
Wireless services means any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public.
Yard means an open space at grade between a building and the adjoining lot lines.
Yard, front, means an open space at grade between the front of a building and the front lot line, generally adjacent to a street, and extending the full width of the lot.
Yard, rear, means an open space at grade between the rear of a building and the rear lot line and extending the full width of the lot.
Yard, side, means an open space at grade between the side of a building and the side lot line extending from the front yard to the rear yard or from the front lot line to the rear lot line when a front and rear setback is not required.
Yard, special means an open space at grade between the side of a building and the side lot line adjacent to a street right-of-way extending from the front yard to the rear yard or from the front lot line to the rear lot line when a front and rear setback is not required.
Youth activity center means a boys club, a girls club or any other facility that is not a school but which provides entertainment, recreation, crafts, tutorials or other quality of life enhancements for minors, whether a nonprofit facility or otherwise. This use type is regulated under the "community service" use category in article 19-4, use regulations.
Zoning district map means a map that graphically delineates the boundaries of all mapped districts within the corporate boundary of the city.
Zoning ordinance means this chapter and any other adopted regulations of the city pertaining to the development and use of land.
(Code 1997, § 19-11.2; Ord. No. 2007-30, exh., 5-14-2007; Ord. No. 2007-52, § 19-11.2, 7-9-2007; Ord. No. 2008-59, 8-25-2008; Ord. No. 2008-69, 10-13-2008; Ord. No. 2009-22, § 3(exh. C), 3-23-2009; Ord. No. 2009-45, 6-8-2009; Ord. No. 2009-46, § 1(exh. A), 6-8-2009; Ord. No. 2010-48, exh. A, 9-13-2010; Ord. No. 2011-18, 1-24-2011; Ord. No. 2011-86, 11-14-2011; Ord. No. 2012-37, exh. §§ 5, 6, 5-14-2012; Ord. No. 2013-59, exh. A(19-11.2), 9-9-2013; Ord. No. 2014-103, exh. A(19-11.2), 11-10-2014; Ord. No. 2015-07, § 19-11.2, 1-26-2015; Ord. No. 2015-74, 8-10-2015; Ord. No. 2016-35, 6-27-2016; Ord. No. 2016-82, 11-28-2016; Ord. No. 2018-24, 4-9-2018; Ord. No. 2018-78, Exh. 1, 10-8-2018; Ord. No. 2020-15, § Exh. A, 2-10-2020; Ord. No. 2021-16, § 1(Exh. A), 3-8-2021; Ord. No. 2021-40, Exh. A, 6-28-2021; Ord. No. 2021-41, Exh. A, 6-28-2021; Ord. No. 2021-42, Exh. A, 6-28-2021; Ord. No. 2021-44, Exh. A, 6-28-2021; Ord. No. 2021-51, Exh. A, 7-12-2021; Ord. No. 2021-57, Exh. A, 8-23-2021; Ord. No. 2023-07, 1-23-2023)