Zoneomics Logo
search icon

Hartsville City Zoning Code

ARTICLE IX

DISTRICT REGULATIONS3


Footnotes:
--- (3) ---

Cross reference— Businesses, ch. 14.


Sec. 1. - A (agricultural) zone.

The following regulations shall apply in the A zone:

(a)

Intent. The A zone is designed to provide for agricultural, horticultural, forestry, conservation, and buildings incidental to these purposes.

(b)

Permitted uses. Within the A zone the following uses shall be permitted:

(1)

Single-family residences.

(2)

Buildings incidental to agriculture. Dairying or raising livestock or poultry is only allowed for historical and educational purposes.

(3)

Buildings incidental to forestry.

(4)

Farming, conservation, cultivation, crop production, and agricultural management.

(5)

[Reserved.]

(6)

The following public and semipublic uses:

a.

Cemeteries.

b.

Churches.

c.

Public and private schools.

d.

Municipal facilities.

e.

Public utility structures.

(Ord. No. 1144, 10-13-1998)

Sec. 2. - R-1 (residential one) zone.

The following regulations shall apply in the R-1 zone:

(a)

Intent. The R-1 zone provides for low density residential neighborhoods by prohibiting multifamily dwellings, commercial and industrial use of land, and any other uses which would interfere with the development or compatibility of single-family residential dwellings.

(b)

Permitted uses. The following uses shall be permitted in the R-1 zone:

(1)

One- and two-family dwellings, provided that for a two-family dwelling the lot size shall be a minimum of 150 feet deep with a minimum area of 25,000 square feet.

(2)

Noncommercial greenhouses.

(3)

Any form of horticulture or agriculture, except that no livestock or poultry shall be raised.

(4)

Guesthouse, provided that such shall be permitted only on a lot having an area of not less than 15,000 square feet, shall be permitted in a rear yard only, shall be not less than ten feet from any lot line, and not more than one such structure shall be permitted on any lot.

(5)

The following public and semipublic uses:

a.

Cemeteries.

b.

Public and private schools and municipal utilities.

c.

[Reserved.]

d.

Parks, playgrounds, and golf courses, except that commercial recreation facilities shall not be permitted.

(6)

Accessory buildings.

(7)

Static electrical transformer stations and gas regulator stations if essential for the service of the immediate area and subject to the following conditions:

a.

Such uses shall be enclosed with a woven wire or solid fence.

b.

Suitable landscaping is done.

c.

The storage of vehicles and/or equipment on the premises shall be prohibited except in an enclosed building.

(8)

Dish antennas. Radio, television, or other noncommercial communications antennas and/or receivers (ground and/or trailer mounted), subject to the following conditions:

a.

Such antennas may be constructed without limit to height except in airport glide zones.

b.

Antennas shall not be located in the required front yard setback area, nor in front of the dwelling unit regardless of the placement of the house on the lot.

c.

No antenna may be attached to the front of the house. If attached permanently to the back of the principal building or other accessory building, the antenna shall be considered as part of said building.

d.

Antennas, as defined in this section, shall be no closer than five feet from the nearest property line.

(c)

Conditional uses. The following permitted uses are allowed by administrative permit once it has been determined that the use will comply with the individual conditions as listed:

(1)

Home occupations as stated in article III, section 23 [the definition of "home occupation"], subject to the following conditions:

(a)

The profession shall be carried on wholly within the principal building or provide a service that occurs at a client's location.

(b)

No more than one person shall be employed.

(c)

There shall be no change to the exterior of the building, and a new entrance to serve the home occupation is prohibited, unless required by a state licensing agency.

(d)

There shall be no exterior display or storage of material that would alter the residential character of the principal building.

(e)

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

(f)

The profession shall not occupy more than 25 percent of the floor area of the dwelling unit.

(g)

No signs may be installed.

(2)

Nursery schools, day care centers or kindergartens. Subject to the following conditions:

(a)

At lest [least] 100 square feet of play area is provided for each child.

(b)

The outdoor play area shall be enclosed by a fence having a minimum height of four feet.

(c)

The principal building and yard area shall meet all district requirements.

(d)

A maximum of 20 children may be cared for at any one time.

(e)

Only one unlighted sign not over six square feet in area may be used to identify the location.

(f)

Facilities must be approved by applicable state and/or federal agencies having authority.

(d)

Special exceptions. The following uses are permitted, subject to approval by the zoning board of appeals.

(1)

Nursery schools, day care centers, and kindergartens. (subject to the listed conditions)

(2)

Churches, provided that they are not closer than 50 feet to any property line with required off-street parking separated from property lines by a buffer strip.

(3)

Fraternal organizations and lodges.

(Ord. No. 1060, art. IX, § 2, 1-10-1995; Ord. No. 1102, art. IX, § 2, 4-8-1997; Ord. No. 1144, 10-13-1998; Ord. No. 1145, 10-13-1998)

Sec. 2(A). - R-1A (residential one-A) zone.

(a)

Intent. The R-1A zone provides for low density residential neighborhoods by prohibiting multifamily dwellings, commercial and industrial use of land, and any other uses which would interfere with the development or compatibility of single-family residential dwellings.

(b)

Permitted uses. Within the R-1A zone, the following uses shall be permitted:

(1)

All uses permitted in the R-1 zone.

(2)

Detached cluster housing.

(3)

Mortuaries, provided that funeral processions shall be assembled off the street.

Sec. 3. - R-2 (residential two) zone.

The following regulations shall apply in the R-2 zone:

(a)

Intent. The R-2 zone provides for moderate to high density residential neighborhoods protected from incompatible uses of land.

(b)

Permitted uses. Within the R-2 zone the following uses shall be permitted:

(1)

All uses permitted in the R-1 zone.

(2)

Apartments and multifamily dwellings.

(3)

Fraternal organizations subject to the same provisions as a church.

(4)

Rooming, boarding, or lodging houses.

(c)

Special exceptions. In residential two zones, uses permitted subject to the approval of the zoning board of appeals shall be as follows:

(1)

Reserved.

(2)

Nursery schools or kindergartens subject to the following conditions:

a.

At least 100 square feet of outdoor play area is provided for each child.

b.

The outdoor play area shall be enclosed by a fence having a minimum height of four feet.

c.

The principal building and yard area shall meet all district requirements.

(d)

Limitations on development of manufactured home parks. Any manufactured home and/or manufactured home park shall henceforth be located in conformance with the following development limitations:

(1)

Setbacks. No manufactured home used for dwelling or sleeping purposes shall be located closer than 50 feet from the lot line of the road upon which the manufactured home park fronts, except that uninhabited manufactured homes, displayed for sales purposes only, and incidental buildings may be within 30 feet of the front line. No manufactured home shall be closer than 30 feet of the front line. No manufactured home shall be closer than 30 feet from the lot line of any other road that may abut the manufactured home park. In addition to the general setbacks outlined for the mobile home park, mobile homes on each lot within the park shall comply with the following building setback regulations:

Front setback: Maximum of 35 feet.

Side setback: Minimum of 10 feet.

Rear setback: Minimum of 10 feet.

(2)

Area. No manufactured home park shall be issued a permit which contains an area less than five acres.

(3)

Roads and walkways. All roads within the mobile home park must be constructed according to the standards outlined under sections 68 and 69 of the Hartsville Subdivision Ordinance. All walkways shall be constructed of a hard surface treatment and be adequately lighted.

(4)

Traffic control. Entrances and exits shall be not more than 50 feet in width; entrances and exits shall not be less than 50 feet apart. Entrance and exit points shall be located at least 25 feet from a street intersection.

(5)

Mobile home space (lot). Mobile home spaces shall have a minimum area of 7,500 square feet and a minimum lot width of 60 feet.

(6)

Refuse containers. Garbage and refuse collection stations must be provided:

a.

Within 100 feet of the manufactured homes which must be served.

b.

With ready access to a surfaced road or drive.

(7)

Drying yard. A common drying yard shall be provided for the manufactured home park. A minimum of 15 feet of clothesline per manufactured home lot shall be provided. Such drying yard shall be fenced or otherwise screened so it will not be visible from the main road.

(8)

Recreation. Not less than five percent of the total area reserved for manufactured homes shall be set aside as a recreation area. Such recreation area shall be enclosed by a fence, wall, or other such protective device.

(9)

Removal of wheels. Any action toward the removal of wheels, except for the temporary purpose of repair or other action to attach the manufactured home to the ground by means of posts, piers, foundation, or skirting, shall subject the manufactured home to the requirements of the building code, as adopted by the city.

(10)

Distance between mobile homes. When placing mobile homes on lots, no mobile home shall be located closer than 20 feet to any other mobile home.

(11)

Plot plan. Prior to issuing any permit for a manufactured home park, a scale plot plan shall be submitted and approved by the city planning commission. Such plot plan shall show:

a.

Bearings and distances of the park boundary lines.

b.

Location of any streams, natural drainageways, ditches, and other waterways.

c.

Location of existing and proposed walkways, streets, drives, roadways, entrances, and exits.

d.

The proposed sanitary sewer and water service to each manufactured home lot area, including the location, depth, and size of lines.

e.

Sites for recreational, disposal and drying yard functions, and accessory structures.

f.

Name of proposed manufactured home park, date, scale, north arrow, date of survey, developer, and/or owner.

g.

Type of surface treatment to be used on the roadways.

(12)

Manufactured home subdivision. If spaces for manufactured homes are to be offered for sale, lots proposed for sale shall be reviewed and recorded in accordance with the subdivision ordinance of the city.

(13)

Reserved.

(14)

No manufactured home shall be installed or used in the city, except as provided for in this ordinance.

(Ord. No. 2040, 6-11-2002; Ord. No. 3048, 7-10-2007)

Note: The following sections are taken from the Hartsville Subdivision Ordinance, Article VI, sections 68 and 69.

Sec. 68. - Streets generally.

68.1.

Conformance to thoroughfare plan and other elements of master plan. The arrangements of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for their proper projection when adjoining property has not yet been subdivided and, in general, conforms to the master plan.

68.2.

Street names. Street names shall require the approval of the planning commission. Streets that are obviously in alignment with streets already existing and named shall be given the name of the existing street. Names of new streets shall not duplicate or closely approximate those of existing streets.

68.3.

Street jogs. Street jogs with centerline offsets of less than 125 feet shall not be permitted.

68.4.

Existing street jogs. Where development is proposed on an existing street which jogs or offsets less than 125 feet, such streets shall be realigned before development is permitted.

68.5.

Dead-end or cul-de-sac streets. The planning commission shall determine the length of dead-end or cul-de-sac streets. They shall be provided at the closed end with a turnaround having a property line radius of at least 60 feet with an outside pavement radius of at least 50 feet.

68.6.

Alleys. Alleys may be required at the rear of all lots used for multifamily, commercial, or industrial development, but shall not be provided in one- or two-family, residential developments, unless the subdivider provides evidence satisfactory to the planning commission of the need for alleys.

68.7.

Reserve strips. Reserve strips controlling access to streets, alleys, and public grounds shall not be permitted, unless the control is placed in the hands of the council under conditions approved by the planning commission.

68.8.

Street intersections. Street intersections shall be as nearly at right angles as possible. No street intersection shall be at an angle of less than 60 degrees, unless required by unusual circumstances.

68.9.

Curb radii. All corner lots shall have a straight line cutoff located not less than 15 feet from the corner of intersecting streets or of an intersecting street and alley. All corner lots at the intersection or turn of alleys shall have a straight line cutoff located not less than five feet from a corner. In case the owner desires a curve in lieu of a straight line cutoff at the intersection of two streets, the curve shall be of such a radius that its arc shall be at least tangent to a 15-foot cutoff.

68.10.

Easements. Easements across lots or centered on rear or side lot lines shall be provided where necessary for utilities or drainage.

68.11.

Double frontage lots. Except under special conditions, double frontage lots shall be avoided. Where the planning commission, under special conditions, permits double frontage lots, the frontage along the rear lot lines shall be screened with a masonry wall or evergreen hedge at least five feet in height.

Sec. 69. - Geometric standards and other requirements of streets.

Major
Streets*
Collector
Streets
Minor
Streets
Minimum right-of-way width 80 ft. 60 ft. 50 ft.
Maximum street grade 6% 10% 12%
Horizontal curvature **
(minimum radii)
800 ft. 200 ft. 200 ft.
Minimum tangent length between reverse curves 200 ft. 100 ft. 100 ft.
Minimum sight distance at four feet above ground level 500 ft. 300 ft. 300 ft.
Minimum paving width between curbs and paving 60 ft. 32 ft. 28 ft.

 

* Major streets shall meet all requirements shown on the thoroughfare plan.

** Land curves only. Does not refer to corner radius.

Note: Alleys, where required, shall have a minimum right-of-way of 30 feet and a minimum pavement width of 20 feet.

(Ord. No. 1145, 10-13-1998; Ord. No. 1148, 11-10-1998)

Sec. 4. - P-1 (professional offices) zone.

The following regulations shall apply in the P-1 (professional offices) zone:

(a)

Purpose. The purpose of the P-1 zoning district is to develop and reserve land for business, office, institutional, specified public, semipublic, and residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a quiet, compatible, and uncongested environment for office type business or professional firms intermingled with dwellings and certain public or semipublic uses; and to discourage any encroachment by unrestricted retail and/or wholesale business establishments, industrial concerns, or other uses capable of adversely affecting the specialized commercial, institutional, and housing character of the district.

(b)

Permitted uses. Within the P-1 zone a building or premises shall be used only for the following purposes:

(1)

Businesses involving the rendering or a personal service, specifically including:

(a)

Business schools.

(b)

Dressmakers, seamstresses, tailors.

(c)

Insurance agencies.

(d)

Medical, dental or chiropractic or other medically oriented offices, clinics and/or laboratories.

(e)

Photographic studios.

(f)

Radio and/or television studios.

(g)

Real estate agencies.

(h)

Law offices.

(i)

Arts and crafts shops.

(j)

Tourist homes, bed and breakfasts.

(k)

Barber and beauty shops.

(l)

Floral design and sales.

(m)

Interior decoration, consulting and sales.

(n)

Antique sales.

(2)

Any use permitted in an R-2 residential two zone under the conditions and requirements set forth in R-2 uses.

(3)

Churches.

(4)

Uses customarily accessory to permitted uses when located on the same lot.

(5)

Signs: provided, that they are in accordance with the sign requirements set forth in the zoning ordinance.

(6)

Restaurants, subject to the following conditions:

a.

Drive-in or drive-thru services are not allowed.

b.

Hours of operation are limited to the hours between 7:00 a.m. and 10:00 p.m.

c.

Maximum size is limited to 3,000 square feet.

(Ord. No. 1008, art. IX, § 4, 7-14-1992; Ord. No. 1144, 10-13-1998; Ord. No. 2016, 3-13-2001)

Sec. 5. - B-1 (central business district) zone.

The following regulations shall apply in the B-1 zone:

(a)

Intent. The B-1 zone is designed to provide for the central and most intense functions of economic activity in the city. Activities are not generally oriented to serving residential areas in the same manner as less intensive combinations of retail and service uses. It is intended to keep this district centrally located and compact so that maximum convenience is afforded both the users and occupants of the B-1 zone.

(b)

Permitted uses. Within the B-1 zone the following uses shall be permitted, subject to limitations of uses permitted by the Southern Standard Building Code for fire districts.

(1)

Restaurants, except drive-ins.

(2)

Offices, financial institutions, including drive-in loan companies.

(3)

Transportation terminal facilities, except commercial operations.

(4)

Commercial parking lots and parking garages.

(5)

Printing, publishing, and similar activities.

(6)

Retail sales and services.

(7)

Wholesaling and warehousing as inside uses.

(8)

Motels and hotels.

(9)

Fraternal organizations and lodges.

(10)

Clinics and institutions, including those of a religious, eleemosynary, educational, and philanthropic nature.

(11)

Commercial recreation as indoor use.

(12)

Utility and communication services.

(13)

Governmental uses, parks, libraries, offices, and other public uses.

(14)

Cigar bars.

(15)

Reserved.

(16)

Reserved.

(17)

Upper-story housing; provided, that all housing shall be properly maintained and that there shall be no exterior evidence of internal residential area that would alter the business character of the principal building. A conditional use permit is required.

(18)

Single-family and multifamily residential dwellings including townhouses and condominiums. A conditional use permit is required.

(19)

Dental laboratories, under 1,500 square feet in size. Such uses shall not front on major streets.

(20)

Breweries and brewpubs: shall comply with the following standards:

Maximum annual production. Breweries are limited to production of 15,000 barrels per year. Brewpubs are limited to production of 2,000 barrels per year.

Facility size. The production area of the facility is limited to 10,000 square feet. No limits exist for the remaining portions of the facility.

Loading, unloading, and circulation. There must be specific provisions to accommodate truck loading and unloading compatible with the circulation of customer parking.

Loading areas facing any street, adjacent residential use or residential zoning district shall have the doors closed at all times, except during the movement of raw materials, other supplies and/or finished products into and out of the building.

Parking. Tasting rooms/brewpubs must provide parking as required for a restaurant, including provision of spaces to serve outside seating or activity areas.

Hours of operation. Deliveries are limited to between 7:00 a.m. and 11:00 p.m. Hours of operation are dependent upon South Carolina State law and the type of license the brewery possesses from the South Carolina Department of Revenue. In no case shall an establishment that sells liquor by the drink operate between 2:00 a.m. and 7:00 a.m. on any day.

Outdoor storage. No outdoor storage is permitted. This includes the use of portable storage units, cargo containers and tractor-trailers.

Outdoor areas. Breweries or brewpubs having outdoor areas for seating, music/live entertainment or outdoor games must comply with the following standards:

The outdoor area must be designed and located so as not to obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

The outdoor area must be located at least 100 feet from all existing residential uses, and all undeveloped residential zoning districts. The outdoor portions shall not be used for entertainment of any type after 11:00 p.m. on any day.

This standard does not apply when the use that necessitates the separation is located in the Central Business (B-1) or in a master plan where the terms and conditions contemplate a mix of uses.

The outdoor area must provide parking using the parking requirements for a restaurant. (See the parking standards of the City of Hartsville Zoning Ordinance Appendix A, Article VI - General Provisions, Section 7, Off Street Parking and Loading).

Music or entertainment. Small-scale entertainment can be provided as an accessory use, but may not be located or amplified to the degree that it creates a nuisance to adjoining properties.

Management of impacts plan. Craft breweries must provide a written plan to manage potential impacts on the surrounding neighborhoods and businesses, including:

Acknowledgement of the city noise ordinance standards and monitoring noise created by the establishment and its patrons.

Provision of lighting to secure parking lots and other outside areas while complying with the lighting standards. (See lighting standards of the City of Hartsville Zoning Ordinance Appendix A, Article VI - General Provisions, Section 13, Lighting Requirements).

Provision of appropriate security to control crowds based on size and type of activity, including the discouragement of parking lot loitering.

Advising patrons to park only in appropriate locations on the establishment's property or neighboring properties where written permission has been granted.

Zoning districts that allow breweries and brewpubs.

Breweries will be permitted as a special exception in industrial zoning districts (M-1 and M-2). The zoning board of appeals (ZBA) shall hold a public hearing. All use specific standards shall be met for the board to consider approval. The ZBA can place other reasonable conditions on the approval if it deems additional requirements are necessary.

Breweries will be permitted as a special use in the central business (B-1) zoning district. Staff shall approve the use if it meets all of the use specific standards. Staff cannot add other conditions.

Breweries shall not be permitted in other zoning districts.

(c)

Special exceptions. Special exception uses requiring approval by the zoning board of appeals:

(1)

Drive-thru restaurants.

(d)

Design guidelines. All construction in the B-1 zone shall comply with sections 7.1 through 7.(3).6 of the Cargill Overlay District Ordinance. Design review shall be conducted by the city architectural review board in accordance with sections 5.0 through 5.(3).7 (submittal process) of the Cargill Overlay District and supplemented by the Hartsville Architectural Design Guidelines, which are adopted by reference.

(e)

Sign characteristics. After careful evaluation of characteristics of good signs, the design review board has come to the conclusion that most attractive signs are unique designs that reflect the personality of the business, but fit in with the quality of design and characteristics of the surrounding area. Therefore, the board encourages the creative design of signs, but will generally give more favorable consideration to signs with the following specific characteristics:

(1)

Internally lighted signs should not be used, but are allowed, provided they conform to article VII, section 7g. of the Hartsville Zoning Ordinance.

(2)

Exterior signs should be made of painted wood or materials with similar appearance.

(3)

Well-designed painted or vinyl signs are acceptable as display window or door signs.

(4)

Signs consisting solely of letters should contain raised letters of metal or another permanent material.

(5)

Signs are encouraged not to be purely square or rectangular in shape, but have indentations, rounded edges, or other interesting shapes to them.

(6)

Signs should have a thick and/or raised border around the edges.

(7)

Signs should have some appearance of being three-dimensional, with a certain thickness and depth. Vinyl or painted lettering that appears flat is discouraged.

(8)

Signs are encouraged to contain three or more colors.

(9)

Sign lettering should be in an interesting script or style.

(Ord. No. 1041, art. IX, § 5, 1-11-1994; Ord. No. 1084, art. IX, § 5, 5-14-1996; Ord. No. 1144, 10-13-1998; Ord. No. 1171, 7-13-1999; Ord. No. 1193, 7-11-2000; Ord. No. 2047, 7-9-2002; Ord. No. 2069, 11-10-2003; Ord. No. 4223, 12-8-2015; Ord. No. 4343, 8-14-2018; Ord. No. 4428, 2-8-2022)

Editor's note— Ord. No. 1193, adopted July 11, 2000, intended to add sign characteristics as Article IC, Section 5(c). To preserve the style of this Code, and at the editor's discretion, these provisions have been added as Article IX, Section 5(e).

Sec. 6. - B-2/B-3 (business) zone.

The following regulations shall apply in the B-2/B-3 zone:

(a)

Intent. The B-2/B-3 zone is designed to provide for a limited range of retail and service activities. The regulations of this district are designed to encourage the development of neighborhood shopping areas offering both goods and products at retail and furnishing selected services.

(b)

Permitted uses [are as follows]:

(1)

Auto repair shops.

(2)

Bakeries, retail.

(3)

Banks and financial institutions.

(4)

Bottling plants.

(5)

Building supply yards.

(6)

Churches.

(7)

Clubs, private, semiprivate, or public.

(8)

Commercial amusement facilities.

(9)

Convalescent homes.

(10)

Dwellings and boardinghouses.

(11)

Express company offices.

(12)

Frozen food lockers.

(13)

General retail establishments.

(14)

Reserved.

(15)

Hospitals, except mental.

(16)

Laundry and dry cleaning establishments, wholesale merchants.

(17)

Mortuaries, provided that funeral processions are formed off the street.

(18)

Newspaper printing.

(19)

Nurseries.

(20)

Offices, business, medical, dental, etc.

(21)

Radio and TV broadcasting facilities.

(22)

Recreational facilities.

(23)

Restaurants.

(24)

Retail liquor stores, provided that each such store is located at least 500 feet from any church or school, as measured along a street or streets.

(25)

Service stations.

(26)

Shops: printing, auto repair, plumbing, cabinet, machine, barber, beauty, florist, furniture repair, radio and television repair, shoe repair.

(27)

Taxi stations.

(28)

Theaters, except drive-ins.

(29)

Transportation terminal facilities.

(30)

Utility offices.

(31)

Veterinary hospitals, provided that all housing of animals is within the clinical building in such a manner which will eliminate any objectionable noise or odor to adjacent properties, and provided that no animal hospital and dog runs shall be constructed within 50 feet of any existing residence.

(32)

Self-service storage facilities. A conditional use permit is required. Conditional uses. The following use is allowed once it has been determined that the use will comply with the individual conditions as listed. If all applicable conditions are met, then the zoning administrator may issue a conditional use permit for the use.

(1)

Self-service storage facilities are subject to the following conditions:

(a)

Shall not be permitted on a major thoroughfare as described in Appendix A - Zoning, Article XI - Thoroughfares.

(b)

Shall not be adjacent to a residential property.

(c)

Allowed in stand-alone buildings only (new or existing detached building or attached to another building by a fire separation) with two (2) means of public ingress or egress. Additional doors may be required based on the square footage of the building and the interior configuration subject to approval by the building official. All individual storage units shall gain access from the interior of the building.

(d)

Used for the purposed of storing and removing personal property only.

(e)

Shall not be used for wholesale or retail sales operations, to manufacture, fabricate or process goods, conduct servicing or repair, or any other retail, commercial residential, or industrial activity. Auction or garage sales shall not be allowed except for the sale or other disposition of abandoned personal property by the owner of the self-service storage facility in accordance with city ordinances and applicable state law.

(f)

On-site office space may be included in the design of the facility or within an existing building for use by the owner or rental manager for the day to day operation of the facility. No office space shall be used, rented, or leased by any other person, company or corporation to conduct any other business or use than stated above.

(g)

No outdoor storage of any kind shall be permitted on site.

(33)

Cut and sew operations. A conditional use permit is required.

(33.0)

Adult business and game establishments. Businesses which provide adult entertainment including, but not limited to, the following: adult bookstores, theaters, adult video stores, peep shows, adult model studios, cabarets and any other establishments which contain activities characterized by the performance, depiction or description of "specified sexual activities," or "specified anatomical areas," adult gaming establishments such as video poker businesses, internet cafes, or sweepstakes gaming establishments, where a patron is paid as a result of the scores he compiles on a machine or a machine of the nonpayout type, in-line pin game or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or "flippers" operated by the player, by which the course of the balls can be altered or changed, are also classified as adult entertainment.

(34)

Internet cafes and gaming establishments. Businesses which provide adult gaming establishments such as internet cafes or sweepstakes gaming machines, where a patron is paid with cash or prizes as a result of the scores he compiles on a machine or a machine of the non-payout type, in-line pin game or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the non-payout pin table type with levers or "flippers" operated by the player, by which the course of the balls can be altered or changed, are also classified as adult entertainment.

(34.1)

No more than one internet cafe or sweepstakes gaming establishments as classified above shall be located on any one lot.

(34.2)

Internet cafes or sweepstakes gaming establishments shall not be located closer than 1,500 feet from any church or other religious institution, school, public park, continuous care retirement center or nursing care facility, day nursery or licensed childcare facility, or public library. Measurements of distance shall be in a straight line from the closest points of the buildings in which the adult uses are located.

(34.3)

Internet cafes or sweepstakes gaming establishments, lawfully operating as a conforming use, are not rendered nonconforming by the subsequent location of one of the uses listed in (34.2). This does not apply after the internet cafe or sweepstakes gaming establishment has ceased to exist on the property for a period of one year or more.

(c)

Limitations on development. Within the B-2/B-3 zone the uses are subject to the following development limitations:

(1)

Buffer devices (future development only). When the rear of a B-2/B-3 zone abuts a residentially zoned property, the business owner shall provide a landscaped buffer area at least ten feet in width. An opaque fence or wall eight feet in height shall be erected along the rear property line.

(2)

Uses to be included. All uses except off-street parking and loading areas shall be located entirely within a completely enclosed structure.

(3)

Size of structure. No individual retail sales establishment shall exceed 30,000 square feet of gross floor area.

(4)

Traffic control. Lot or driveway entrances and exits shall meet the standards of the South Carolina Highway Department.

(5)

Off-street parking and loading. Off-street parking and loading areas shall be paved, designated, and arranged in a manner which will prevent vehicles from backing into the street.

(6)

When abutting a residentially zoned property, all lighting from the business shall be directed or shielded away from the neighboring residential property.

(Ord. No. 1018, art. IX, § 6, 1-12-1993; Ord. No. 1041, art. IX, § 6, 1-11-1994; Ord. No. 1144, 10-13-1998; Ord. No. 1178, 11-9-1999; Ord. No. 2018, 5-8-2001; Ord. No. 4028, 1-25-2011; Ord. No. 4093, 11-13-2012; Ord. No. 4102, 1-8-2013; Ord. No. 4107, 3-12-2013; Ord. No. 4197, 5-12-2015)

Sec. 7. - M-1 (industrial) zone.

The following regulations shall apply in the M-1 zone:

(a)

Intent. The M-1 zone is designed to provide for industrial use, warehousing, and wholesaling activities which are larger users of space than commercial users and uses that do not overburden the available streets, sanitary, and other public services.

(b)

Permitted uses. Within the M-1 zone the following uses shall be permitted:

(1)

All uses permitted in the B-2/B-3 zone.

(2)

Warehousing.

(3)

Wholesale activities.

(4)

Laboratories.

(5)

Farm equipment sales and service.

(6)

Storage and lumber yards, except junkyards.

(7)

Industrial users engaged in manufacturing and use of machinery and equipment which do not create excessive smoke, light, fumes, noise, vibrations, heat, or odor.

(8)

Mobile home sales.

(c)

Limitations on development. Within the M-1 zone the uses are subject to the following development limitations:

(1)

Buffer devices (future development only). When a M-1 zone abuts a residential zone, there shall be located along the full length of such abutting line a densely planted buffer strip at least ten feet in depth or an impervious material fence shall be erected at least six feet in height. Such buffer strip or fence shall be erected by the industrial owner.

(2)

Traffic control. Lot and driveway entrances and exits shall meet the standards of the South Carolina Highway Department.

(3)

Off-street parking and loading. Off-street parking and loading areas shall be designated and arranged in a manner which will provide for proper circulation and traffic flow on the site and contiguous streets. The planning commission shall approve the parking and loading plan before any permit may be issued.

(d)

Uses subject to approval of the zoning board of appeals. In M-1 zones, uses permitted subject to the approval of the zoning board of appeals shall be as follows:

(1)

Breweries and brewpubs as a special exception subject to all the use specific standards as outlined in Article IX - District Requirements - Section 5. B-1 (Central Business District), (20) Breweries and brewpubs.

(Ord. No. 1144, 10-13-1998; Ord. No. 4343, 8-14-2018)

Sec. 8. - M-2 (industrial) zone.

The following regulations shall apply in the M-2 zone:

(a)

Intent. The M-2 zone is designed to provide for the continued use and development of land for industrial purposes and to preserve land with industrial potential for industrial uses.

(b)

Permitted uses. Within the M-2 zone the following uses shall be permitted:

(1)

Warehousing.

(2)

Wholesale activities.

(3)

Laboratories.

(4)

Storage and lumber yards.

(5)

Cold storage plants.

(6)

General manufacturing.

(7)

Airports.

(8)

Agriculture.

(9)

Industrial uses utilizing hand labor or unobjectionable machinery or processes which are free from excessive smoke, light, fumes, noise, vibrations, heat, and odor.

(c)

Uses subject to approval of the zoning board of appeals. In M-2 zones, uses permitted subject to the approval of the zoning board of appeals shall be as follows:

(1)

Automobile wrecking or junkyards subject to the following conditions:

a.

The tract of land shall not be less than two acres in area.

b.

There shall be located along the property line a densely planted buffer device at least five feet in depth and sufficiently high enough to screen the view of the rear from adjoining properties, as well as the traveling public, or an impervious material fence, of consistent materials, shall be erected at least eight feet in height.

(2)

Storage, sorting, collecting, or baling of waste materials such as rags, paper, metal, or junk.

(3)

Any use which by nature of operation or character is deemed by the building official as objectionable, hazardous, or incompatible with the intent of this zone.

(4)

Breweries and brewpubs as a special exception subject to all the use specific standards as outlined in Article IX - District Requirements - Section 5. B-1 (Central Business District), (20) Breweries and brewpubs.

(d)

Limitations on development. Within the M-2 zone, the uses are subject to the following development limitations:

(1)

Buffer devices (future development only, except as in (1)(a) above). When an M-1 zone abuts a residential zone, there shall be located along the full length of such abutting line a densely planted buffer strip at least ten feet in depth or an impervious material fence shall be erected at least six feet in height. Such buffer strip or fence shall be erected by the industrial owner.

(2)

Traffic control. Lot and driveway entrances and exits shall meet the standards of the South Carolina Highway Department.

(3)

Off-street parking and loading. Off-street parking and loading areas shall be designed and arranged in a manner which will provide for proper circulation and traffic flow on the site and contiguous streets. The planning commission shall approve the parking and loading plan before any permit may be issued.

(Ord. No. 1183, 7-11-2000; Ord. No. 4343, 8-14-2018)

Sec. 9. - Campus (CA).

The following regulations shall apply in the CA zone:

a.

Intent: The CA zone is designed to provide for educational, public, semipublic, religious, medical and recreational institutions, fields, campuses and grounds, as a complementary adjacent use to all zoning districts.

b.

Permitted uses: Within the CA zone the following uses shall be permitted, with more than one principal structure allowed:

1.

Private secondary and public educational institutions and campuses, including all uses incidental to the attendance, use, operation, and maintenance of facilities for students, teachers, administration, staff, and visitors:

a.

Dormitories.

b.

Classrooms.

c.

Laboratories.

d.

Assembly halls.

e.

Gymnasiums and other recreational buildings.

f.

Administration facilities.

g.

Libraries.

h.

Noncommercial storage facilities.

i.

Parking lots and parking garages meeting screening requirements.

j.

Galleries.

k.

Retail enterprises which are located wholly within an existing campus building and are only in operation to provide goods and materials related to student and visitor needs and/or refreshment.

2.

Private, public and semipublic active recreation facilities; amplification and lighting systems for private recreation facilities require a conditional use permit.

3.

The following public and semipublic uses:

a.

Cemeteries.

b.

Churches.

c.

Public and private schools.

d.

Municipal facilities.

e.

Governmental public utility structures.

f.

Parks, playgrounds and other passive recreational facilities.

4.

Accessory buildings.

5.

Electrical transformer and gas regulator stations if 100 percent opaquely screened to six feet from grade and vehicle storage is located entirely within an enclosed building.

6.

Noncommercial dish antennae subject to the following:

a.

No height limit except in the airport glide zone.

b.

Shall not be located between the principal building and any street.

c.

Shall not be attached to any building side facing any street.

d.

Shall not be located closer than five feet from any property line.

7.

Hospitals and related medical service delivery areas.

8.

Convalescence [convalescent] homes with no less than two acres.

9.

Modular buildings as secondary structures as defined in the SC Modular Buildings Construction Act of June 20, 1984 as amended. Such buildings must bear a certificate of approval as outlined in the act and any construction features not covered by the act or certificate must meet all local building code standards.

c.

District design requirements:

1.

Minimum lot area: Na.

2.

Minimum lot width: 80′.

3.

Minimum front setback: 35′.

4.

Minimum other street setback: 25′.

5.

Side setback: 10′*.

6.

Rear setback: 15′*.

7.

Minimum open space: 40%.

8.

Off-street parking required: Yes.

* A minimum buffer yard is required for structures on property adjacent to residential districts; such buffer yard width shall be equal to or greater than one-half the height of the tallest structure, measured from ground level.

(Ord. No. 1104, art. IX, § 9, 6-10-1997)

Sec. 9[.1]. - Special exception(s).

(a)

A use permitted in a specific location upon showing that such use in a specified location will not: (1) affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use; (2) be detrimental to the public welfare or injurious to property or improvements in the neighborhood; (3) be in conflict with the purposes of the comprehensive plan of the City of Hartsville. In granting any special exception permit, the governing body—upon recommendation from the planning commission—will consider such factors as: traffic flow and control; access to and circulation within the property; off-street parking and loading; signs; buffers and landscaping; height; bulk and location of structures; hours and manner of operation; location of proposed open space uses; noise, dust, odor, fumes, vibration, stormwater management and environmental hazards. The governing body, in granting any use permit, shall designate (when appropriate) a time limit and such conditions as it determines necessary to carry out the intent of this ordinance. The application for such use permit shall be obtained from the city planning office. The application fee shall be $50.00 and shall accompany the application at the time of submission. A public hearing must be held by either the planning commission or the city council prior to the granting of a special exception permit. The approval shall be by ordinance.

(b)

Construction or operation shall commence within one year of the date of issuance or the special exception permit becomes void.

(c)

No application for a special exception permit for the same use on the same lot shall be considered by the governing body within a period of one year from its last consideration.

(d)

Any special exception permit will automatically lapse upon any deviation from the originally permitted use which expands the original conditional use permit.

(Ord. No. 1040, art. IX, § 9, 1-11-1994; Ord. No. 1145, 10-13-1998)

Editor's note— Ord. No. 1145, adopted Oct. 13, 1998, amended § 9[1] to read as herein set out. Formerly, § 9[1] pertained to conditional use(s). The historical notation has been preserved for reference purposes.

Sec. 9.2. - [Permits for special uses and special events.]

A.

Special use permit for four-month periods. An application is made for a use in a commercial or residential district which is to exceed one month but not to exceed four months. Staff shall determine if the use conforms with the spirit and intent for the district in which the use is to be conducted, and with the spirit and provisions of the zoning ordinance. Staff shall recommend such restrictions and safeguards as needed to conform with the provisions of the zoning ordinances after giving due consideration to factors such as those specified for conditional use permits under section 9.1. The fee for a special use permit is $75.00.

B.

Special event permit for temporary uses. If an application is made for a temporary use or event not exceeding one month, an application must be submitted to the city. Consultation and consent from all department heads is required for determination that the temporary use conforms with the spirit and intent of the zoning ordinance, as well as other city ordinances. The city manager may issue a special event permit with such restrictions and modifications as considered appropriate or may deny the application.

Examples of such activities are parades, festivals, carnivals, craft shows, and other events which would not normally be permitted within the strict confines of the zoning ordinance. These events can be allowed with this permit because of their temporary nature. Applications for special event permits shall be submitted at least two weeks before the event. In extraordinary cases this requirement may be waived by the city manager.

The non-refundable application fee for a special event permit shall be $25.00. Churches, civic, and nonprofit organizations shall be exempt from this fee. There may be subsequent fees for additional city services.

C.

Appeal. A business, organization, or individual may appeal the denial or modification of a special use and/or special event permit to the city manager. The appellant must:

1.

Submit in writing to the city manager the rationale for the appeal..

2.

Remit a $100.00 processing fee.

3.

Attend the hearing and/or provide a representative.

D.

Liability insurance. When deemed in the public interest, appropriate liability insurance may be required or a bond may be imposed prior to the issuance of the special permits.

(Ord. No. 1047, art. IX, § 9.2, 4-12-1994; Ord. No. 3058, 1-8-2008; Ord. No. 4026, 12-14-2010)

Sec. 10. - Coker Farms Overlay District.

(a)

Location. The Coker Farms Overlay District shall be placed on all of the following area that is presently within the city limits or annexed into the city in the future:

All properties contained within the boundaries of the Coker Experimental Farms National Historic Landmark as of April 13, 1999, and all properties with frontage on the west side of Fourth Street, from the area beginning south of the railroad line located adjacent to Belk department store extending to the U.S. Highway 15 Bypass. Also to include all properties with frontage on the west side of Fourth Street.

This area will include tax map parcels 056-00-01-012, 056-00-01-013, and 056-00-01-014, as well as all of 056-00-01-002 to the east of Fourth Street and with frontage along the west side of Fourth Street.

(b)

Exterior design guidelines.

(1)

Roofs. All structures built shall have a pitched roof constructed of metal or shingles. The following roof colors are acceptable: black, gray, tan, brown, green, or bare metal.

(2)

Exterior siding. The exterior walls of all structures built shall be constructed of brick or wood, vinyl, or other similar clapboard material. Exposed exterior brick must be a red or orange shade. Other exterior colors must be solid white or muted earthtone colors in tan, brown, gray, green, or yellow shades and may include appropriate architectural accents. Additional colors may be used on business signage.

(3)

Interpretations. In certain circumstances the zoning administrator may request guidance from the design review board as to the suitability of a proposed design.

(Ord. No. 1161, 4-13-1999)

Sec. 11. - RE (Residential Estate) Overlay Zone.

As an overlay zone, by a decision of city council, the Residential Estate (RE) designation can placed upon any property while the underlying zoning district and other development standards remain the same.

(1)

Minimum lot size. Every lot in the RE district must be presently and remain over one acre in size.

(2)

Minimum lot width. To be eligible for inclusion in the RE district, any lot must be an average of at least 150 feet in width.

(3)

Building setback criteria. Within the RE district, the following building setback regulations shall apply:

Maximum front street setback .....100 feet.

(or the average setback of houses located on the adjacent lots to each side of the subject lot.)

Minimum side setback .....20 feet.

Minimum rear setback .....10 feet.

(Ord. No. 1181, 1-11-2000)

Sec. 12. - Planned Development (PD) District.[4]

(a)

Definition and purpose. A planned development is defined as an area of land to be developed under a single, overall plan that requires greater flexibility with zoning and site design regulations. A planned development may include a mixture of residential, commercial, and/or other uses or focus on design concepts for a specific use.

All planned developments shall be at least three acres in size.

The Planned Development (PD) district is intended to promote the following objectives:

(1)

Flexibility to allow innovative building and site design;

(2)

More efficient land use, building arrangement, and circulation system;

(3)

Preservation of significant site features and amenities;

(4)

Creative design to accommodate special site characteristics;

(5)

Phasing of development and utility extensions to encourage timely development and prevent the harmful effects of urban sprawl.

(b)

Preapplication conference. Prior to the submission of a formal rezoning application for a Planned Development district, the property owner/developer shall submit an outline of the proposed development, including a scaled drawing of the property, sketch plan, and written description of the proposed development. City officials shall review the submitted information and arrange a meeting with the applicant to discuss their comments and requirements related to the proposed development.

(c)

Application. Each application for a Planned Development (PD) district shall be accompanied by the following materials:

(1)

A complete rezoning application, signed by the property owner(s);

(2)

An approved plat or scaled drawing of the entire property;

(3)

A site plan showing the proposed layout of the planned development;

(4)

A statement about the development objectives to be achieved by the proposed planned development. Included shall be a description of the rationale behind the need for and design of the proposed planned development;

(5)

A quantitative description of the project, including the total number, size, and type of buildings, parcel size, proposed uses, development configuration, utility locations, drainage, preserved features/open space, landscaping, transportation circulation system, design restrictions (setbacks, height, etc.), growth controls, and the anticipated timing of the development (phases), and other information as deemed necessary by the planning director; and

(6)

Where not referenced in the Planned Development district description, the planned development shall be subject to all applicable City regulations. Zoning requirements will be based on regulations in the zoning district most closely related to the proposed development, as determined by the planning director.

(d)

Process. A Planned Development application shall proceed through the same process as any other rezoning application, receiving a recommendation from the planning commission and final decision by city council.

(Ord. No. 1147, 10-13-1998)

Footnotes:
--- (4) ---

Editor's note— Ord. No. 1147, adopted Oct. 13, 1998, set out provisions intended for use as section 10 of this article. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as section 12.


Sec. 13. - Sign Overlay Zone.

(1)

Definitions. As an overlay zone, by a decision of city council, the Sign Overlay designation can be placed upon any property while the underlying zoning district and other development standards remain the same.

Minimum lot size. Every lot in the Sign Overlay District must be presently and remain over ten acres in size. The only exceptions are government agencies and schools.

(2)

Exceptions to the Sign Overlay District requirements. Government agencies and public schools shall be permitted one electronic message board sign. The sign must be used only for information pertaining to the government agency or school and its activities or information for the public.

(3)

Design guidelines for government agencies and public schools.

(a)

Signs shall be ground mounted, monument style signs that are no more than 42 square feet in area with a maximum height of six feet. The reader board area shall not exceed 40 percent of the total sign area and the copy shall not change more often than every two seconds. The monument style sign must be at least 30 percent brick or stone or a material of similar appearance. The signs shall be located a minimum of five feet from the street right-of-way. The use of berms or raised landscape areas is only permitted to raise the base of the sign to the mean elevation of the fronting street. A sign drawing, plot location and landscaping is required with the application.

(b)

Electronic reader board monument style signs shall be allowed within other campus type environments having a minimum of ten acres of property within its campus.

(4)

Design guidelines for signs within the Sign Overlay District.

(a)

Each campus shall be allowed one sign not to exceed 80 square feet in area and a maximum of eight feet in height. The reader board portion of the sign shall not exceed 25 percent of the total sign area, have letters of a single color, shall change messages not more than once every two seconds, and contain information relative to the institution or public (such as weather warnings, school or government sponsored events) and shall not be used to deliver commercial messages. Signs shall contain a minimum of 25 percent brick or stone, or similar materials. Signs shall be a minimum of five feet from the street right-of-way. The use of landscape berms is permitted to raise the base of the sign to the mean elevation of the fronting street. Internal lighting of the nonreader board portion of the sign is allowed. Such interior lit signs shall be required to have an opaque background so that light only shines through the lettering and logo.

(b)

Additional reader board signs not exceed 40 square feet in area and a maximum of five feet in height are allowed, with a maximum of two per campus. The reader board area of these secondary signs shall not exceed 40 percent of the total sign area and all other specifications shall be as noted above. A rendering of the sign, plot location and landscaping shall accompany the application for each sign.

(Ord. No. 4068, 1-10-2012)

Sec. 14. - Tax Map #056-02-02-076 P-1 Overlay Zoning District.

(1)

Definitions. As an overlay zone, by a decision of city council, the Tax Map #056-02-02-076 Overlay designation only refers to the property at 401 North Fifth Street Hartsville, SC 29550.

(2)

Exceptions to the Sign Overlay District requirements. This overlay zone shall revert to R-1 zoning regulation at such time as the structure fell into an uninhabitable state in which repairs would need to be made to more than 50 percent of the building for safe occupancy.

(Ord. No. 4078, 6-19-2012)

Sec. 15. - Strategic Investment Overlay Zone.

(1)

Purpose and Intent. The purpose of the infill development ordinance is to provide decent, safe and affordable housing to persons of low to moderate income in areas where new housing construction opportunities have been overlooked. The intent of the infill development ordinance is to encourage the development of underutilized and challenged parcels in the Strategic Investment Zone. The ordinance accommodates a variety of housing types including single family detached, single family attached, mixed use, duplexes, condominiums, and townhouses.

(2)

Objectives. The specific objectives of this section as related to infill development and redevelopment in the Strategic Investment Zone in the City of Hartsville are:

(a)

Accommodate growth by encouraging and facilitating new development on vacant and underutilized land in areas that already have infrastructure, utilities, and public facilities, while addressing the needs of Hartsville's residents;

(b)

Encourage efficient use of land and public services in the context of existing communities;

(c)

Provide flexibility in development standards to facilitate infill development and redevelopment;

(d)

Encourage construction of housing in close proximity to employment and services;

(e)

Promote neighborhood preservation and enhancement through redevelopment of blighted, distressed and underutilized properties.

(3)

Definitions.

Benefits means the value to the city of providing the incentives, which generally includes: (a) increased property values within the Strategic Investment Zone and the city as a whole; (b) increased revenue from property taxes, business license fees and permit fees; and (c) the improvement of the character of the city by preserving historic corridors within the Incentive Zone and promoting the construction of new buildings that are compatible with its historic character.

Condominium shall mean a form of housing tenure with a title to a unit of real property which is ownership in the airspace which an apartment, office or store occupies. The owner of the condominium also owns a common tenancy with owners of other units in the common area which includes all the driveways, parking, elevators, outside hallways, recreation and landscaped areas, which are managed by a homeowner's or tenant's association.

Development shall mean the activity of improving a real property to the extent of adding value to the tax base through real property improvements.

Duplex shall mean a building designed or used for residence purposes by not more than two families, and containing two dwelling units and located on one legal parcel.

Incentive shall mean a grant of any inducement having monetary value by the city that is offered to a person, firm, or corporation to pursue a development that encourages private investment and/or the creation/retention of jobs. The incentive may also include grants from other entities that the city may be able to obtain.

Incentive recipient shall mean the private parties receiving the incentives from the city.

Infill parcels are parcels that meet the eligibility criteria of this chapter.

Infill development is the subsequent development on infill parcels.

Mixed use means urban, suburban or village development, or even a single building, that blends a combination of residential, commercial, cultural, or institutional use, where those functions are physically and functionally integrated, and that provides pedestrian connections.

Single family attached shall mean a building containing multiple dwelling units that share a common party wall on both sides of the unit designed or used for residence by not more than one family per dwelling unit.

Single family detached shall mean a freestanding building designed or used for residence purposes by not more than one family.

Townhouse shall mean an attached, privately owned single-family dwelling unit which is a part of and adjacent to other similarly owned single-family dwelling units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility.

(4)

Authorization.

(a)

Authorization to grant incentives. The council, at its discretion and on a case-by-case basis, but subject to the general eligibility criteria provided for in section 15 herein, may enter into an incentive agreement (as defined herein) with a person, firm or corporation providing for incentives in order to encourage and support the development of real property within the Strategic Investment Zone.

(b)

Incentive agreements. The incentives shall only be provided to an incentive recipient after an agreement has been entered into between the city and such person, firm or corporation, which agreement shall set forth: the particulars of the development; the incentives to be provided; and sufficient assurances that the benefits will accrue to the city and the goals will be met by the development (an "Incentive Agreement"). Pending the approval by the council of any incentive agreement and subject to the provisions of section 15 herein, the city manager of the city is authorized to discuss the provisions of this Infill Development Ordinance, aid in the completion of any proposal (as defined herein) and, subject to the final approval by the council, negotiate with the potential incentive recipient on behalf of the city. Each incentive agreement shall be approved by council by ordinance. Council is authorized to provide incentives in any amounts and for any period of time within the thresholds provided for herein or within the time periods and thresholds provided for in any applicable statutory authorization.

(c)

Agreements. The council, at its discretion and on a case-by-case basis, may donate city owned property or purchase parcels within the strategic investment zone and enter into an agreement with a person, firm or corporation when redevelopment is to occur.

(5)

Authorized incentives.

(a)

Multiple incentives. The council may provide to an incentive recipient any combination of incentives provided for herein; provided, however, that the total amount of incentives given to a developer must be in keeping with the goals and the value of the benefits accruing to the city (and its citizens) must be greater than the financial value of the incentives to an incentive recipient.

(b)

Incentive of the city. All direct incentives of the city shall be granted in the form of reimbursements and refunds of fees and taxes that have been duly paid to the city. No upfront abatements of fees. The council may, at its discretion and on a case-by-case basis, enter into an incentive agreement to reimburse or refund any person, firm or corporation the following fees and taxes up to the amounts and percentages provided for herein:

1.

Up to 100 percent of the applicable tap fees collected by the city.

2.

Up to 50 percent of the building permit fees collected by the city.

3.

Assistance with demolition when funds are available through the demolition program on parcels to be redeveloped.

4.

Donation of city owned property or purchase of parcels within the strategic investment zone.

6.

Applicability.

a.

Applicability. The district, as represented on the City of Hartsville official zoning map, implements the Strategic Investment Overlay Zone (SIZ). The provisions of this zone apply to all parcels that meet the eligibility criteria within the SIZ on the official zoning map. The boundary of this district shall be shown on the Official Zoning Map of the City of Hartsville and all parcels contained within the zone, which meet the eligibility section below, are able to utilize the provisions set forth in this section.

All land uses and development, including but not limited to buildings, driveways, parking areas, streets, buffers, tree protection/landscaping, and pedestrian/bicycle ways, shall be located and/or provided in accordance with the provisions of the zoning ordinance and land development regulations, except as modified by this chapter.

b.

Eligibility criteria. The terms of this infill development ordinance to be applied city-wide. In order for a development to be eligible to receive incentives the developer must use standards set forth in this section. The council must determine that the development meets, or upon completion will meet, each of the following criteria:

1.

The parcel is within the strategic investment zone; and

2.

The proposed development can and will be served by urban services at the time of final plat or development approval. For the purposes of this chapter, "urban services" shall mean public water and sewer service.

3.

The development is consistent with the Hartsville 2020 Comprehensive Plan (as may be amended) (the "Comprehensive Plan"), the Master Plan, and the South Hartsville Revitalization Plan; and

4.

Absent the provision of incentives, the development would be unlikely to occur or unlikely to occur at the level or scale contemplated by the developer.

(7)

Permitted uses. Permitted uses for individuals using this section shall be the same as those allowed under the R-2 zoning designation for residential development. Permitted uses for individuals using this section shall be the same as those allowed under the P-1 and B-2 zoning designation for mixed use development.

(8)

Expedited development review process. An applicant may request an expedited review process for infill projects. An expedited infill project shall be contingent upon city staffing and other resource availability.

(9)

Architectural standards. All new development created under the Strategic Investment Zone shall include a number of minor design and site planning elements to ensure quality and compatibility with general housing trends within the city. For the design guidelines, please refer to the Strategic Investment Zone Design Guidelines.

(Ord. No. 4231, 2-9-2016)