Hanahan City Zoning Code
5
SUPPLEMENTAL REVIEW, DESIGN, AND PERFORMANCE STANDARDS FOR CONDITIONAL AND SPECIAL EXCEPTION USES
5.1. - Purpose.
The purpose of this chapter is to ameliorate the impact and improve the citing of certain land uses, buildings and project whose character could adversely affect surrounding property and environmental conditions. Toward this end, standards criteria over and above those set forth elsewhere by this ordinance are imposed herein. Uses, building, projects and areas affected by this chapter are those allowable as conditional and special exception uses only.
5.2. - General development standards and criteria for conditional and special exception uses.
(A)
The following guidelines and criteria shall be considered by the zoning administrator in his review of any "conditional" uses or uses allowable by special exception identified in the Land Use Table, per Section 4.3. Additionally, certain "conditional uses" identified therein must comply with the more specific requirements of Section 5.3.
(1)
Ingress and egress to the proposed use shall be provided with particular reference to automotive and pedestrian safety and convenience, traffic generated flow and control, and access in case of fire or catastrophe, such as not to be detrimental to existing or anticipated uses, either, adjacent to or in the vicinity of the proposed use.
(2)
The off-street parking and loading areas, where required or proposed by the applicant, shall be designed and provided in harmony with adjacent properties.
(3)
The refuse and service areas shall be adequately screened so as not be visible from adjacent property or public rights-of-way and located in such a way that nuisances to adjacent properties are not created.
(4)
Screening, buffering or separation of any nuisance or hazardous feature shall be provided with reference to type, dimensions and character, and be clearly represented on the submitted plans, to protect adjacent properties.
(5)
The proposed use, building or project shall not hinder development of nearby vacant property for a permitted use in the affected zone or area.
(6)
The affected site shall be suitable in terms of size, shape and topographic conditions to accommodate the proposed use, building or project and to ensure compatibility with adjacent properties.
(B)
If the zoning administrator finds that compliance with these conditions is uncertain or impractical, he may forward the application for zoning permit to the board of zoning appeals for consideration as a special exception, per Section 2.5.3. The board shall impose development restrictions and/or conditions necessary to preserve and protect safety and welfare of persons affected by the proposed use in accordance with the above criteria.
5.3. - Uses affected by this chapter.
The following land uses shall adhere to specific conditions of approval specified in this chapter, in addition to the general standards above. The stricter of conflicting standards shall apply, unless the board of zoning appeals rules otherwise.
(A)
Manufacturing (Section 5.4).
(B)
Certain public service uses in residential zones (5.5).
(C)
Adult uses (5.6)
(D)
Mini-warehouses (5.7).
(E)
Manufactured homes on separate lots (5.8).
(F)
Manufactured home parks, courts, and communities (5.9).
(G)
Veterinary service (5.10).
(H)
Self-service car wash (5.11).
(I)
Townhouse project (5.12).
(J)
Patio and zero lot line housing project (5.13).
(K)
Communications tower and antenna (5.14).
5.4. - Performance standards and criteria for manufacturing and processing plants.
The purpose of this section is to prevent land or building from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable or hazardous condition. Toward this end, the operational characteristic of all manufacturing and processing uses shall be measured for conformance with the provisions of this section.
5.4.1. Vibration.
No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the lot line; nor shall any vibration produced exceed the following particle velocity levels, measured with a vibration monitor in inches per second at the nearest;
(A)
Residential property line: 0.02
(B)
Non-residential property line: 0.10
(C)
Vibration emanating from construction activities between 7:00 am and 9:00 pm. shall be exempt from these regulations.
5.4.2. Fire and explosive.
All activities and all storage of flammable and explosive material shall be provided with the adequate safety devices against the hazards of fire and explosion including adequate fire fighting and fire suppression equipment, as prescribed by the National Fire Protection Association (which standards are hereby incorporated by reference and made part of this ordinance).
5.4.3. Air pollution.
(A)
The emission of visible smoke, dust, dirt, fly ash, particulate matter from any pipes, vents, or other openings, or from any other source into the air, shall comply with the regulation of the South Carolina Pollution Control Authority.
(B)
Air pollution emanating from construction activities between 7:00 a.m. and 9:00 p.m. shall be exempt from these requirements.
5.4.4. Odor.
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at the property line. Any process, which may involve the creation, or emission of any such odor, shall be provided with both a primary and a secondary safeguard system so that control may be maintained in the event of failure of the primary safeguard system.
5.4.5. Glare.
There shall be no direct or sky reflected glared, whether from floodlights, high temperature processing, and combustion, welding or otherwise, so as to be visible in any residence.
5.4.6. Noise.
(A)
All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility exceed at the lot line the values given in tables below, "Nighttime Schedule" and "Daytime Schedule" in any octave band or frequency. South pressure level shall be measured with a sound level meter and an octave band analyzer that confirms to specifications published by the American Standards Association.
(B)
Noise emanating from construction activities between 7:00 a.m. and 9:00 p.m. shall be exempt from these requirements.
(C)
Nighttime schedule. Maximum permissible sound pressure levels at the lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m.
(D)
Daytime schedule. Maximum permissible sound pressure levels at the lot line for noise radiated from a facility between the hours of 7:00 a.m. and 9:00 a.m. shall not exceed the limits of the preceding table except as specified and corrected below.
5.4.7. Fumes and vapors.
There shall be no emission of any fumes or vapors of a noxious, toxic, or corrosive nature, which can cause damage or irritation to health, animals, vegetation, or to any form of property.
5.4.8. Heat, cold, dampness or movement of air.
Activities which could produce any adverse affect on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted.
5.4.9. Toxic matter.
The release of any airborne toxic matter shall not exceed the quantities permitted for those materials currently listed in Threshold Limit Values, adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in said listing, the applicant shall satisfy the planning commission that the proposed levels will be safe to the general population. The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.
5.4.10. Exterior illumination.
All operations, activities, and uses shall be conducted so as to comply with the performance standards governing exterior illumination prescribed below. In general, the pattern of light pooling from each light source shall be carefully considered to avoid throwing light onto adjacent properties. Light sources visible in residential or medical areas comply with the light intensities indicated in Column A below.
5.4.11. Maximum intensity of light sources.
Illumination shall be measured from any point outside the property. Illumination levels shall be measured with a photoelectric having a special response similar to that of the human eye, following the standard luminous efficiency curve adopted by the International Commission of Illumination.
5.4.12. Waste matter and storm drainage.
(A)
No use shall accumulate or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the South Carolina Department of Health and Environmental Control, or in such a manner as to endanger the public health, safety, or general welfare; or cause injury to property.
(B)
Plans and specifications for all proposed industrial waste treatment and disposal facilities shall be submitted to and written approval obtained from the South Carolina Department of Health and Environmental Control prior to the issuance of a zoning permit.
5.4.13. Compliance guarantee.
The applicant of a permit for a manufacturing or processing plant which would produce any of the above "objectionable elements" shall acknowledge in writing his understanding of the performance standards applicable to the proposed use and shall submit with the permit application, an agreement to conform with such standards at all times. Any violation of the agreement shall constitute a violation of this ordinance and shall be treated accordingly.
5.5. - Certain public service uses in residential zones.
Due to the potential impact of the following uses in residential areas, their location shall be guided by the additional requirements of this chapter.
(A)
Utility substations.
(B)
Sewage treatment plans.
(C)
Electrical transformers.
(D)
Water towers.
5.6. - Adult use.
It is the purpose of this ordinance to regulate sexually oriented businesses and tattoo parlors to promote the health, safety, morals, and general welfare of the citizens of the City of Hanahan and to establish reasonable uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses and tattoo parlors within the City of Hanahan. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented materials. Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this ordinance to condone or legitimize the distribution of obscene material.
5.6.1. Classification.
Sexually oriented businesses are classified as follows:
(A)
Adult arcades;
(B)
Adult bookstores or adult video stores;
(C)
Adult cabarets;
(D)
Adult motels;
(E)
Adult motion picture theaters;
(F)
Adult theaters;
(G)
Escort agencies;
(H)
Nude model studios; and
(I)
Sexual encounter centers.
5.6.2. Zoning permit and business license required.
(A)
A person commits a misdemeanor if he/she operates a sexually oriented business or tattoo parlor without a valid zoning permit and business license, issued by the City of Hanahan for the particular type of land use and business.
(B)
The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the health department, fire department, zoning administrator, and building official. They shall complete their inspection and certify same to the zoning administrator within twenty-one (21) days of receipt of the application by the zoning administrator.
(C)
If a person who wishes to operate a sexually oriented business or tattoo parlor is an individual, he/she must sign the application for the zoning permit and the business license as the applicant. If a person who wishes to operate a sexually oriented business or tattoo parlor is other than an individual, each individual who has a ten (10) percent or greater interest in the business must sign the application for the permit and license as the applicant. If a corporation is listed as owner of a sexually oriented business or tattoo parlor or as the entity which wishes to operate such a business, each individual having a ten (10) percent or greater interest in the corporation must sign the application for the permit and license as the applicant.
5.6.3. Conditions for issuance of business license.
The City of Hanahan Business License Official shall issue a license to an applicant within thirty (30) days after receipts of an application unless he/she finds one (1) or more of the following to be true:
(A)
An applicant is under eighteen (18) years of age.
(B)
An applicant or applicant(s) spouse is overdue in his/her payment of the city or the county for taxes, fees, fines, or penalties assessed against him/her for imposes upon him/her in relation to a sexually oriented business or tattoo parlor.
(C)
An applicant has failed to provide information reasonably necessary for issuance of the zoning permit and business license or has falsely answered a question or request for information on the applicant form.
(D)
An applicant is residing with a person who has been denied a business license by the City of Hanahan to operate a sexually oriented business or tattoo parlor within the preceding twelve (12) months, or residing with a person whose business license to operate a sexually oriented business or tattoo parlor has been revoked within the preceding twelve (12) months.
(E)
The premises to be used for the sexually oriented business or tattoo parlor have not been approved by the health department, fire department, zoning administrator, and the building official as being in compliance with all applicable laws and ordinances.
(F)
The business license fee required by this ordinance has not been paid.
(G)
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this ordinance.
(H)
The business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business or tattoo parlor.
(I)
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this ordinance.
(J)
The business license, if granted, shall state on its fact the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business or tattoo parlor. The license shall be posted in conspicuous place at or near the entrance to the sexually oriented business or tattoo parlor so that it may be easily read at any time.
5.6.4. Inspection.
(A)
An applicant or permittee and/or licensee shall permit representatives of the sheriff's department, health department, fire department, building inspections, zoning, or other city departments or agencies to inspect the premises of a sexually oriented business or tattoo parlor for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(B)
A person who operates a sexually oriented business or tattoo parlor or his/her agent or employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
5.6.5. Expiration of business license.
(A)
Each business license shall expire on April 30th of each year and may be renewed only by making application as provided in Section 6.1.3. Application for renewal should be made no fewer than thirty (30) days before the expiration date, and when made fewer than thirty (30) days before the expiration date, the expiration of the license will not be affected.
(B)
When the City of Hanahan Business License Official denies renewal of a license, the applicant will not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the City of Hanahan Business License Official finds that the basis for denial for the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.
5.6.6. Suspension of business license.
The City of Hanahan Business License Official shall suspend a business license for a period not to exceed thirty (30) days if he/she determines that a licensee or an employee of a licensee has:
(A)
Violated or is not in compliance with any section of this ordinance;
(B)
Engaged in excess use of alcoholic beverages while on the sexually oriented business or tattoo parlor premises;
(C)
Refused to allow an inspection of the sexually oriented business or tattoo parlor premises as authorized by this chapter; or
(D)
Knowingly allowed gambling by any person on the sexually oriented business or tattoo parlor premises.
5.6.7. Revocation of business license.
(A)
The City of Hanahan Business License Official shall revoke a business license if a cause of suspension in Section 5.5.6 occurs and the permit and/or license has been suspended within the preceding twelve (12) months.
(B)
The City of Hanahan Business License Official shall revoke a business license if he determines that:
(1)
A licensee gave false or misleading information in the material submitted to the licensing department during the application process;
(2)
A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3)
A licensee or an employee has knowingly allowed prostitution on the premises;
(4)
A licensee or an employee knowingly operated the sexually oriented business or tattoo parlor during a period of time when the licensee's license was suspended;
(5)
A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises; or
(6)
A licensee is delinquent in payment to the city, county, or state for any taxes for fees past due.
(C)
When the City of Hanahan Business License Official revokes a business license, the revocation shall continue for one (1) year, and the licensee shall not be issued another license for one (1) year from the date revocation became effective. If, subsequent to revocation, the City of Hanahan Business License Official finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit and/or licensee if at least ninety (90) days has elapsed since the date the revocation became effective.
5.6.8. Transfer of zoning permit and/or business license.
A permittee or licensee shall not transfer his/her permit and/or license to another, nor shall a permittee or licensee operate a sexually oriented business or tattoo parlor under the authority of a zoning permit and/or business license at any place other than the address designated in the application.
5.6.9. Location of adult uses.
(A)
A person shall be in violation of this ordinance if he/she operates or causes to be operated a sexually oriented business or tattoo parlor outside of an approved location.
(B)
A person shall be in violation of this ordinance if he/she operates or causes to be operated a sexually oriented business or tattoo parlor within one thousand (1,000) feet of:
(1)
A religious institution;
(2)
A public or private elementary or secondary school;
(3)
A boundary of any residential district;
(4)
A public park adjacent to any residential district; or
(5)
The property line of a lot devoted to residential use.
(C)
For the purpose of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or object, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business or tattoo parlor is conducted, to the nearest property line or the premises of a public or private affected public park, residential district, or residential lot.
(D)
The person shall be in violation of this ordinance if he/she causes or allows the operation, establishment, substantial enlargement, or transfer of ownership or control of an adult use within one thousand (1,000) feet of another adult use.
(E)
A person shall be in violation of this ordinance if he/she causes or allows the operation, establishment, or maintenance of more than one (1) adult use in the same building, structure, or portion thereof or the increase of floor areas of any adult use in any building, structure, or portion thereof containing another adult use.
(F)
For purposes of Subsection 6.1.9(D) of this section, the distance between any two (2) adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(G)
Any sexually oriented business or tattoo parlor lawfully operating on June 8, 1993, that is in violation of subsection 6.1.9, (A) through (F) of this section shall be deemed a nonconforming use. The nonconforming use will be allowed to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more adult uses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business or tattoo parlor which was first established and continually operating at a particular location is the conforming use and the later-established business(s) is nonconforming.
5.6.10. Additional regulations for adult motels.
(A)
Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a refutable presumption that the establishment is an adult motel as that term is defined in this chapter.
(B)
A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a business license to operate a sexually oriented business, he/she rents or sub-rents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he/she rents or sub-rents the same sleeping room again.
(C)
For purposes of subsection 6.1.10(B) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any consideration.
5.6.11. Regulations pertaining to exhibition of sexually explicit films or videos.
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements.
(A)
Upon application for a zoning permit and a business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be allowed. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The business license official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(B)
The application shall be sworn to be true and correct by the applicant.
(C)
No alteration in the configuration of location of a manager's station may be made without the prior approval of the zoning administrator.
(D)
It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(E)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is allowed access for any purpose from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(F)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the views specified in this subsection remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is allowed access to any area of the premises that has be designated as an area in which patrons will not be allowed in the application filed pursuant to this section.
(G)
No viewing room may be occupied by more than one (1) person at a time.
(H)
The premises shall be equipped with overhead lighting fixtures or sufficient intensity to illuminate every place to which patrons are allowed access at an illumination of not less than one (1) foot-candle, as measure at the floor level.
(I)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
5.6.12. Exemptions.
It is not a violation of Section 5.6 of the Zoning Ordinance if a person appearing in a state of nudity did so in a modeling class operated:
(A)
By a private college or university, which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(B)
In a structure:
(1)
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(2)
Where in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
(3)
Where no more than one (1) nude model is on the premises at any one (1) time.
5.7. - Mini-warehouses.
Due to the need to better integrate mini-warehouses into the urban fabric of the community, the following standards shall be observed:
(A)
Lot size. Mini-warehousing site shall not exceed two (2) acres.
(B)
Lot coverage. Lot coverage of all structures shall be limited to fifty (50) percent of the total area
(C)
Vehicular ingress-egress shall be limited to one (1) point for each side of property abutting any street lot line.
(D)
Storage only. No business activities other than rentals of storage units shall be conducted on the premises.
5.8. - Manufactured home on a separate lot.
The placement of manufactured homes in subdivisions, and on individual or separate lots, where permitted by this ordinance, shall comply with the following regulations.
(A)
Only one (1) manufactured home shall be located on a lot.
(B)
The manufactured home and accessory uses shall conform to all applicable district requirements.
(C)
The manufactured home shall be attached to a permanent foundation and securely underpinned and anchored. The securing of the unit to a permanent foundation shall be inspected and approved by the building official or his designee.
(D)
Each manufactured home shall have skirting constructed of bricks, concrete blocks, or other appropriate material, which extends from the exterior wall to the ground.
(E)
The tongue shall be removed where so designed.
5.9. - Manufactured home parks, courts, and communities.
Manufactured home parks, courts, and communities shall comply with the following development standards, when application is made to the zoning administrator for a new or renovated community.
(A)
The minimum park or court area shall be two (2) acres.
(B)
The park shall be served by community water and sewer systems, and a system of storm drainage in accordance with the Hanahan Land Development Ordinance.
(C)
Roadways, which are not to be dedicated as public streets, shall have a minimum travel width of twenty (20) feet exclusive of parking.
(D)
Paved roadways shall be required of all parks.
(E)
All on-site roadway intersections shall be provided with adequate lighting, and interior lights shall be provided at not more than four hundred-foot intervals.
(F)
Each manufactured home stand shall be at least twenty-five (25) feet from any other stand and at least twenty-five (25) feet from the right-of-way or ingress-egress easement of any drive which provides common circulation, and fifteen (15) feet from any side or rear property line, and shall meet the front yard setbacks for the district.
(G)
Manufactured homes shall be placed on one (1) of the following types of foundations, which shall be subject to approval by the building official.
(1)
Piers under frame of masonry construction on 16×16×4-inch thick foundation (nominal).
(2)
Masonry curtain-wall foundation of solid continuous construction around the entire perimeter of the mobile home on concrete or masonry footings.
(3)
Concrete slab foundation.
(H)
Foundation shall be so constructed as to prevent settling and accumulation of water under the manufactured home.
(I)
All manufactured homes placed on a concrete slab foundation or on a concrete or masonry footing foundation shall be provided with appropriate skirting of solid durable material around the entire perimeter.
(J)
Each manufactured home shall be securely under-pinned and anchored.
(K)
Space number. Permanent space numbers shall be provided on each mobile home space and shall be located so as to be visible from the internal circulation road. Signs identifying space locations shall be provided at each road intersection.
(L)
License required; revocation. A business license shall be requisite to the opening or operation of a manufactured home community in the City of Hanahan.
(1)
Said license may be revoked by the city business license official for a violation of this ordinance or other applicable ordinance and regulations governing the operations of such uses.
(2)
Recreational vehicle parking. Camper or RV parking is allowed only if on piers, anchored, skirted, and permanently hooked up to utilities.
5.10. - Veterinary services.
Veterinary services and the boarding of animals shall be regulated as follows.
5.10.1. Veterinary clinics.
Veterinary services for small domestic animals must be undertaken within completely enclosed buildings and operated in such a way as to produce no objectionable odors or noise outside its walls. The treatment of large animals such as swine, sheep, goats, horses, cattle, and other livestock shall be prohibited, except in extreme emergency cases. Sheltering and boarding of small domestic animals shall be incidental and secondary to the clinic.
5.10.2. Commercial kennels.
Commercial kennels shall be located no closer to a conventional residential zoning district than five hundred (500) feet and two hundred (200) feet to any residential property line. The applicant shall furnish evidence that adequate measures will be taken to prevent odor, noise, or drainage from becoming a nuisance to uses on adjacent properties.
5.11. - Self-service car wash.
Where allowed, self-service car washes shall be oriented on a lot so that no open vehicular bays will open on or face the street. Where a car wash occupies a corner lot, a fence or dense vegetative buffer shall be provided along the road on the side facing the open bays.
5.12. - Townhouse development.
Due to the unique design features of townhouses, the following design requirements shall be imposed for all such projects in a zoning district where allowable as a conditional use.
(A)
Such projects shall have a minimum of one-and-a-half (1.5) acres.
(B)
Not more than eight (8) townhouses may be joined together.
(C)
The side setback for the end unit shall be as required for the zoning district in which the project is proposed, with not less than fifteen (15) feet between buildings in the project area.
(D)
Rear setbacks shall be ten (10) feet.
(E)
Minimum lot width shall be eighteen (18) feet.
(F)
Buffer areas along the periphery of the project shall be as required by Section 6.4.3.
(G)
Impervious surface area shall not exceed seventy-five (75) percent of a townhouse lot, on average, except where at least twenty-five (25) percent of the land development is devoted to green space, whereby impervious surface may increase to one hundred (100) percent of a townhouse lot.
(H)
Maximum height of buildings shall not exceed thirty-five (35) feet.
(I)
Front setbacks shall be twenty-five (25) feet, but may be waived or modified by the planning commission, due to the unique style of such housing.
(J)
Rear yards shall be enclosed by a six-foot wall or fence unless used for parking, and may include one (1) accessory building no greater than one hundred (100) square feet in gross floor area.
5.13. - Patio and row housing developments.
Due to the unique design features of patio and row housing, the following requirements shall be imposed on all such projects in a zoning district where allowable as a conditional use.
(A)
Such projects shall have a minimum of one and one-half (1.5) acres. Minimum lot area shall be three thousand (3,000) square feet for each residence.
(B)
Minimum lot width shall be thirty-five (35) feet.
(C)
Maximum height of buildings shall not exceed thirty-five (35) feet.
(D)
Where a unit is to be constructed at or on the property line, a five-foot maintenance easement shall be provided on the adjoining lot for access to the structure.
(E)
A minimum patio or yard area of seven hundred (700) square feet shall be provided on each lot, not more than fifteen (15) percent of which shall be impervious.
(F)
Impervious surface area shall not exceed sixty-five (65) percent of a residential lot, on average, except where at least twenty (20) percent of the land development is devoted to green space. In such instances, impervious surface areas may increase to eighty-five (85) percent of a residential lot, on average.
(G)
At least one (1) side yard extending not less than five (5) feet from the property line shall be provided.
(H)
The side yard of the exterior units shall be ten (10) feet from the community tract boundary line.
(I)
Rear yard setbacks shall not be less than ten (10) feet.
(J)
Front setbacks shall be twenty-five (25) feet, but may be waived or modified by the planning commission, due to the unique style of such housing.
(K)
Buffers along the periphery of the project shall be as required per Section 6.4.3.
5.14. - Communications tower and antenna.
The purpose of this ordinance to is to regulate the siting of telecommunications towers and antennae in order to balance the interests of the residents of the City of Hanahan, telecommunications providers, and telecommunications customers. Telecommunications facilities must be sited in a way that protects the health, safety, property, and the general public welfare, but also should not be so restrictive as to prohibit a competitive environment for telecommunications carriers and/or prohibit the provision of quality personal wireless services for residents, workers, and visitors of the City of Hanahan. As cell phone ownership rates increase and landline ownership rates decrease, more households rely on cell phones to make 911 and other emergency calls. Telecommunications facilities should be sited properly in order to provide cellular services, especially during natural disasters and other emergencies.
(Ord. No. 2-2016, § 1, 4-12-2016)
5.14.1. Interpretation.
(A)
Communications tower, as used in this section shall mean a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, free-standing, guyed, or on existing buildings or other support structures. Common types of telecommunications towers include monopole towers, lattice towers, guyed towers (those held up by guyed wires), or free-standing towers.
(B)
Telecommunications, as defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without charge in the form or content of the information as sent and received.
(C)
Antenna as used in this section means any exterior apparatus used to transmit or receive electromagnetic waves for telephonic, radio, television, or personal wireless services.
(D)
Height of a communications tower is the distance from the base of the tower to the top of the structure.
(Ord. No. 2-2016, § 1, 4-12-2016)
5.14.2. Documentation requirements.
In addition to the completed application for zoning permit, which includes a site development plan, the developer shall submit the following information.
(A)
One (1) copy of typical specifications for proposed structures and antenna, including description of design characteristics and materials.
(B)
Depiction of tower location with reference to property boundaries, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property.
(C)
A description of anticipated maintenance needs for the proposed structures and antenna, including frequency of service, personnel, equipment, and traffic, noise, or safety impacts of such maintenance.
(D)
Where applicable, documentation of existing antenna, facilities, and towers, and approved, yet-to-be constructed towers serving any property within the city.
(E)
Identification of the geographic service area for the subject installation, including a map showing the proposed site/service area and the nearest telecommunications facility sites/service areas. Included should be a depiction of distances between proposed facility site and existing telecommunications facilities and how the proposed facility's service area fits into and is necessary to fill a gap in the service network.
(F)
Evidence that co-location of the antenna with an existing facility is not feasible.
(G)
In the event that a tower or antenna is proposed in a Conservation Preservation (CP), Residential Office (RO), or the Town Center (TC) district, a map identifying all nonresidential properties within the same service area and documentation of attempts to identify and/or secure alternative sites within a nonresidential zoning district as a preferred location for siting of the proposed facility.
(H)
A report from a structural engineer registered in South Carolina showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIZ/TIA 22 (latest revision) standards, and structural failure characteristics to determine that site and setbacks are adequate to contain debris within the identified fall zone (property boundaries).
(I)
Identification of the owners of all antennae and equipment to be located on site.
(J)
Evidence that a valid FCC license for the proposed activity has been issued.
(K)
A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.
(L)
A written agreement to remove the tower and/or antenna within one hundred eighty (180) days after cessation of use.
(M)
Evidence that applicable conditions in this section are met.
(N)
Additional information required by the zoning administrator for determination that all applicable zoning regulations are met.
(Ord. No. 2-2016, § 1, 4-12-2016)
5.14.3. Communications tower and antenna as a conditional use.
(A)
A communications tower and antenna may receive zoning permit from the zoning administrator as a conditional use upon demonstrated conformance with the following table and adherence to all other conditions provided in this chapter.
(B)
Not withstanding the above height limitations, a tower and/or antenna mounted on a building, water tank, or structures other than a freestanding or guyed communications tower shall be allowed up to twenty (20) feet above the highest part of the structure in all zoning districts except Town Center.
(C)
The developer shall demonstrate conformance with the following conditions prior to receiving a zoning permit.
(1)
The proposed communications tower, antenna or accessory structure will be placed in a reasonably available location and/or designed with special aesthetic treatments (e.g., stealth, pine or palm trees) which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and applicant's technical design requirements.
(2)
Applicant must show that a proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirements without unreasonable modifications on any existing structure or tower under the control of applicant.
(3)
Applicants for a permit in a residential office district must show that the area cannot be adequately served by a facility placed in a non-residential district for valid technical reasons.
(4)
Prior to consideration of a permit for location on private property which must be acquired, applicant must show that available publicly owned sites zoned to permit telecommunications facilities, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.
(5)
If parcel is within the Accident Potential Zone (APZ) for aircraft, the applicant must show that the height of the tower is less than one hundred twenty (120) feet.
(6)
Applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements.
(7)
Applicant must show that all applicable health, nuisance, noise, fire, building, and safety code requirements are met.
(8)
All state and federal requirements must be met: these requirements include, but are not limited to, those set by the Federal Aviation Administration (FAA), State Historic Preservation Office (SHPO), and Department of Natural Resources (DNR).
(9)
A communications tower must not be painted or illuminated unless otherwise provided by state or federal regulations.
(10)
Applicant must show that the proposed site is sufficient to accommodate the fall zone of a tower to ensure there will be no encroachments on adjacent properties in the event of structural failure.
(11)
A permit for a proposed tower site within two thousand (2,000) feet of an existing tower shall not be issued unless the applicant certifies that existing structural specifications and applicant's technical design requirements are not compatible, or that a collocation agreement could not be obtained.
(12)
Applicant must show by certificate from a professional engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with zoning administrator a written indemnification of the municipality and proof of liability insurance or financial ability to respond to claims up to one million dollars ($1,000,000.00) in the aggregate which may arise from the operation of the facility during its life, at no cost to the municipality.
(13)
Land development regulations, visibility fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section apply, except where specifically modified or waived by the board of zoning appeals with good cause.
(14)
A tower must be a minimum distance equal to one-half (½) the height of the tower from property designated by city council as historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements plus twenty-five (25) percent of the tower height, whichever is greater.
(D)
The zoning administrator may forward the application to the board of zoning appeals to be considered as a special exception, per Section 2.5.3, in any case where he deems that achievement of the conditions is not abundantly clear.
(Ord. No. 2-2016, § 1, 4-12-2016)
5.14.4. Communications tower and antenna as a special exception use.
The board of zoning appeals shall authorize the issuance of a zoning permit for a tower, pole or antenna by special exception based on the following criteria:
(A)
All application requirements and conditions imposed by this Section 5.14 for conditional use are met, except height limitations and setbacks, which may be adjusted as follows.
(1)
If additional tower height is requested, total tower height will not exceed one hundred fifty (150) percent of the maximum height allowed in the table provided in Subsection 5.14.3(A). The applicant shall demonstrate that additional height above that allowed in the table is necessary for service to occupants of an area within the municipality.
(2)
In approving a special exception, the Board of Zoning Appeals may impose such conditions, safeguards, and restrictions upon the premises benefited by the special exception as may be necessary to avoid, minimize, or mitigate any potentially adverse or injurious effect of such special exceptions upon other property in the neighborhood and to carry out the general purpose and intent of this ordinance. Conditions and restrictions may include, but are not limited to, those related to fencing, planting, or other landscaping, additional setbacks from property lines, location, and arrangement of lighting, and other reasonable requirements deemed necessary to safeguard the interest of the general public. The board may require a guarantee or bond to ensure that conditions imposed will be complied with.
(B)
In considering a telecommunication facility for special exception approval, the BZA shall give the following factors reasonable consideration:
(1)
The effect of the proposed telecommunication facility on environmentally sensitive land or natural features, wildlife habitat and vegetation, water quality and air quality.
(2)
Whether the proposed telecommunication facility will adequately provide for safety from fire hazards and have effective measures of fire control.
(3)
The traffic expected to be generated by the proposed facility, the adequacy of access and the vehicular and pedestrian circulation elements (both on and off site), all in relation to the public's interest in pedestrian and vehicular safety and efficient traffic movement.
(4)
The glare or light that may be generated by the proposed facility in relation to uses in the immediate area.
(5)
The location and area footprint with dimensions (all drawn to scale), nature and height of the proposed tower in relationship to other structures in the neighborhood.
(6)
The nature and extent of existing or proposed landscaping screening and buffering on the site and in the neighborhood.
(7)
The location and screening of parking and loading spaces and/or areas.
(C)
In conjunction with the board's action to approve a special exception use, the board shall make written findings certifying compliance with the criteria for a special exception in Subsections (A) and (B) above and any other conditions and regulations applicable to the proposed use. The Telecommunications Act of 1996 requires that denial of a permit be supported by substantial evidence. Therefore, if the board denies approval of the request, it shall specify its reasons for such denial.
(Ord. No. 2-2016, § 1, 4-12-2016)
