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Hartsville City Zoning Code

ARTICLE VI

GENERAL PROVISIONS

All buildings, structures, and use of land shall conform to the following general provisions, except as hereinafter provided:


Sec. 1. - Number of principal buildings on lot.

Except as hereinafter provided, only one principal building may hereafter be erected on any lot.

Sec. 2. - Street access.

(a)

Except as herein provided, no building shall hereafter be erected, constructed, moved or relocated on a lot not located on a publicly dedicated, accepted and maintained street with a right-of-way of less than 30 feet and frontage of not less than 40 feet.

(b)

Certain roads are classified as restricted access thoroughfares as identified on the official city zoning map. The thoroughfares are as follows: North and South Fifth Street, North and South Fourth Street, East Carolina Avenue and West Carolina Avenue from Fifth Street to Erwin Road. Other thoroughfares may be identified when developable property becomes available or is annexed into the city. Access to such streets shall be subject to the following restrictions:

(1)

Corner lots which abut two or more streets, one of which is a restricted access thoroughfare, shall not have access to the restricted access thoroughfare unless such access is through a parallel collector road.

(2)

No street or driveway shall enter a restricted access thoroughfare at a point nearer than 500 feet from an existing street or driveway. When a proposed development abuts upon or contains an existing or proposed restricted access thoroughfare, the development site plan shall provide vehicular access to such street by use of a parallel collector road. All abutting lots shall be separated from said restricted access thoroughfare by a nonaccess easement at least one foot in depth.

(Ord. No. 1024, art. VI, § 2, 5-11-1993)

Sec. 3. - Yard area.

No required yard area around an existing or proposed structure shall be considered as providing a yard area for any other building; nor shall any yard area required on an adjoining lot be considered as providing yard area on a lot whereon a building exists or is to be erected.

Sec. 4. - Nonconforming uses.

Nonconforming land uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. However, to avoid undue hardship, the lawful use of any building or land use at the time of the enactment of this ordinance may be continued even though such use does not conform with the provisions of this ordinance, except that the nonconforming building or land use shall not be:

(a)

Changed to another nonconforming use.

(b)

Reestablished after discontinuance for six months or more.

(c)

Repaired, rebuilt, or altered after damage exceeding 50 percent of its replacement cost at the time of destruction, unless reconstruction shall begin within six months after damage is incurred.

(d)

Enlarged or altered.

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the building official.

Sec. 5. - Nonconforming use discontinuance.

Advertising signs, junkyards, and uses of land not accessory to the building on the same lot shall be discontinued within two years after the effective date of this ordinance [February 10, 1987].

Sec. 6. - Nonconformance other than use.

Any building or structure nonconforming as to regulation such as area requirements, parking and loading requirements, floor area requirements, and height regulations shall not be added to or enlarged in any manner unless such addition or enlargement conforms to all regulations of the zone in which it is located. In no instance shall a building or structure nonconforming as to regulations be added to or enlarged when the nonconformance is irremediable in the opinion of the building official.

Sec. 7. - Off-street parking and loading.

The intent of this section is to allow flexible methods of providing an adequate number of parking and loading spaces, while reducing excessive paved surfaces, which lead to unnecessary heat buildup and storm water runoff. All buildings, structures, and uses of land shall conform to the following off-street parking and loading requirements. Any use not specifically addressed or referred to below shall have parking requirements determined by the zoning administrator.

(a)

Spaces to be provided. Off-street automobile storage or parking space shall be provided on every lot on which any of the following uses are hereinafter established, except as provided for in Table I, District Design Requirements.

(1)

Residential 1: Two spaces per dwelling unit.

(1A)

Residential 1-A: Two spaces per dwelling unit.

(2)

Residential 2: One and a half spaces per dwelling unit.

(3)

Public housing, conventional: One space per unit.

(4)

Public housing, elderly: One half space per unit.

(5)

Rooming and boarding house: One space for each two rooms.

(6)

Hotels and motels: One space for each guest room, plus one per 800 square feet of conference space.

(7)

Places of public assembly: One space for each four seats.

(8)

Churches: One space for each four seats in main assembly room.

(9)

Hospital or nursing home: One space for each two beds.

(10)

Retail business: One space for each 500 square feet of floor area.

(11)

Offices and banks: One space for each 500 square feet of floor area.

(12)

Service station: Two spaces for each pump and two spaces per service stall.

(13)

Wholesaling: One space for each 1,500 square feet of floor area.

(14)

Industrial: One space for each two employees at maximum shift or 4,000 square feet of floor area.

(15)

Bus terminal: Three spaces for each bay.

(16)

Shopping center: One space per 500 square feet of gross leasable floor area.

(17)

Auto sales and repair: One space for each two employees plus one spaces for each 500 square feet of floor area.

(18)

Restaurants: One space per 100 square feet of customer service and seating area.

(19)

Day care: One space per 300 square feet.

(20)

Educational facilities: One space per 200 square feet.

(21)

Self-service storage: One per 20 storage units.

(b)

Space criteria. All required parking spaces shall be designed to comply with the following minimum standards:

Angle of Parking Stall Width (feet) Stall Depth (feet) Driveway Width (feet) Planting Island Width (feet)
0° (Parallel) 8 22 (length) 12 N/A
30° 9 17 12 4
45° 9 19 14 6
60° 9 20 18 7'
90° 9 18 24 9'

 

(c)

Certificate of occupancy or use permit. A certificate of occupancy or use permit will be issued upon completion of any building when all off-street parking and loading requirements shown upon the plans or made a part of the building permit shall be in place and ready for use.

(d)

Location on other property. If the required automobile parking spaces cannot reasonably be provided on the same lot on which the principal use is conducted, such spaces may be provided on other off-street property, provided such property lies within 600 feet of the main entrance to such principal use. Such automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

(e)

Common off-street parking areas. Two or more principal uses may utilize a common parking area in order to comply with off-street parking requirements, provided that the total number of individual spaces available in such common area is not more than the sum of the spaces required for the individual uses as separately computed in accordance with the provisions of this section, and provided that the owner of said lot relinquish his development rights over the property in an instrument of record until such time as parking space is provided elsewhere. The zoning administrator may approve shared parking facilities where a reduction is parking spaces is desired. A shared parking study that clearly demonstrates the feasibility of shared parking shall be submitted to the administrator. The study must be provided in a form established by the administrator. It must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

(f)

Use of public rights-of-way for maneuvering area. When determining parking area requirements for individual uses, portions of the public rights-of-way on minor streets may be considered as permissible for maneuvering area, incidental to parking. On streets designated as collector or major streets, parking facilities shall be designed and constructed to provide space outside the public rights-of-way for maneuvering incidental to parking.

(g)

Off-street loading and unloading space. Every building or structure used for business, trade, or industry, except B-1 district, shall provide space as indicated herein for the loading and unloading of vehicles off a street or public alley.

(1)

Retail business. One space ten feet by 35 feet for each 10,000 square feet of total floor area or fraction thereof.

(2)

Wholesale and industry. One space ten feet by 50 feet for each 10,000 square feet of total floor area or fraction thereof.

(3)

Bus and truck terminal. Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at the terminal at any one time.

(h)

Bicycle parking. Bicycle parking areas shall be located for the convenient access to site amenities and primary building entrances. Bicycle parking areas shall be located on a hardscape surface, physically separated from automobile parking lots. They shall be designed to provide adequate space for ingress and egress, and not impede pedestrian and vehicle circulation. Bicycle parking areas shall be designed to provide adequate space for ingress and egress. Bicycle racks shall be designed to support a bicycle frame in two places in a stable, upright position. Bicycle racks shall be securely anchored to the lot surface. Bicycle parking space requirements are as follows:

(1)

Retail business. One space for each 12,000 square feet of total floor area. Minimum requirement is two spaces.

(2)

Wholesale and industry. One space for each 20,000 square feet of total floor area. Minimum requirement is two spaces.

(3)

Office. One space for each 10,000 square feet of total floor area. Minimum requirement is two spaces.

(4)

Cultural facilities, including libraries and government buildings. One space for each ten employees. Minimum requirement is two spaces.

(5)

Education. One space for each ten employees plus one space per every 20 students. Minimum requirement is two spaces.

(i)

Surface and markings. All required parking and vehicular driving surfaces shall be surfaced with concrete or asphalt concrete pavement. Alternative materials may be approved by the zoning administrator. All paved parking spaces shall be identified by surface markings and shall be maintained in a manner so as to be readily visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Parallel parking spaces shall be marked with standard "cross" and "T" pavement markings. All striping shall be marked with four-inch lines.

(j)

Accessible parking for disabled persons. A portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located, and reserved for the use by persons with physical disabilities. For more information, reference American National Standards Institute (ANSI) A117.1, as adopted by the State of South Carolina.

(Ord. No. 1162, 5-4-1999; Ord. No. 4327, 4-10-2018)

Cross reference— Stopping, standing and parking generally, § 78-351 et seq.

Sec. 8. - Visibility at street intersections.

In all zoning districts established by this ordinance, except B-1 districts, no fence, wall, terrace, sign, shrubbery, planting, or other structure or object capable of obstructing driver vision between the heights of two and eight feet above the finished street level shall be permitted on a corner lot within 20 feet of the point formed by the intersection of the street right-of-way lines, or such lines extended in case of rounded corner, which bound said lot. State and local governmental street and highway markers are excepted from this provision; however, they shall not obstruct the view.

Cross reference— Streets, sidewalks and other public places, ch. 74; traffic and vehicles, ch. 78.

Sec. 9. - Visibility at private drives and entrances intersecting with public streets.

At the intersection of any private drive or entrance or exit with a public street, no fence, wall, hedge, or other planting, or sign forming a barrier to visibility over a height of two feet shall be erected, planted, placed, or maintained from the point of intersection to 30 feet along a line parallel to and within ten feet of the right-of-way of the paved thoroughfare.

Cross reference— Streets, sidewalks and other public places, ch. 74; traffic and vehicles, ch. 78.

Sec. 10. - Parking, storage, or use of campers and travel trailers.

Campers and travel trailers may be parked or stored on any lot in a residential district, provided that such storage is in a carport or enclosed building or out of sight of a public thoroughfare. However, such equipment may be parked anywhere on residential premises for a period of not to exceed 24 hours while loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such uses.

Cross reference— Traffic and vehicles, ch. 78.

Sec. 11. - Parking and storage of certain vehicles.

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

Cross reference— Traffic and vehicles, ch. 78.

Sec. 12. - Exterior commercial building design.

Any new commercial building to be constructed within the city will be subject to the following building requirements:

(1)

The exterior facade of any side of the building facing a public road right-of-way can not contain more than ten percent exposed metal siding. Allowed exterior materials shall include glass, stone, brick, wood, stucco, vinyl siding, and other materials meeting the intent of this article, as determined by the zoning administrator.

(2)

In addition, at least the front half of the exterior facade of any side of the building visible from a public road right-of-way must comply with the same requirements.

(Ord. No. 1182, 12-8-2000)

Sec. 13. - Lighting requirements.

(a)

Outdoor lighting. All outdoor lighting fixtures rated 1800 lumens or more shall be full cut-off or fully-shielded fixtures. Semi-cut off fixtures not exceeding 30 feet in height are allowed for fixtures up to a maximum of 9,500 lumens. Except for public streetlights, all lighting fixtures shall be designed, located, and installed to avoid casting direct light onto adjacent streets or properties.

Lighting in the business (B-1/B-2/B-3) districts, shall not exceed a maximum of 15 foot candles. Lighting in all other zoning districts shall not exceed a maximum of six foot candles.

(b)

Canopies. Light fixtures for canopies shall be placed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy and/or is shielded by the fixture or the edge of the canopy to comply with the requirements for a full cutoff fixture. Where a surface mounted fixture is required below a canopy, it must incorporate a fixture or shielding that provides full cutoff. Indirect lighting may be used to reflect light down from the ceiling of the canopy. In this case, the fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy. Canopy lighting shall not exceed a maximum of 25 foot candles.

(c)

Signs/flags. Illuminated signs shall only use shielded fixtures that are mounted on top of the sign structure and directed downward onto the sign facade. Uplighting of signs and flags is permissible as long as the light fixtures are carefully located, aimed, and shielded so that the light is directed solely onto the sign or flag to prevent unnecessary glare and light trespass.

(d)

Architectural lighting. The maximum illumination of any vertical surface or angular roof surface shall not exceed ten foot candles. Such light fixtures shall be carefully selected, located, aimed, and shielded so that light is directed only onto the building facade. To the greatest extent possible, these fixtures shall be mounted on the building, shielded, and directed downward. Semi-cutoff fixtures are allowed, as long as the lighting is not directed onto adjacent streets or properties.

(e)

Outdoor sports fields. The illumination of lighting fixtures used for outdoor sports/recreation activities shall not exceed 90 foot candles. Lighting for all outdoor sports field and performance areas shall be equipped with louvers, shields, or other glare controls. The lighting fixtures must be directed away or shielded from adjacent streets and properties to limit the amount of glare coming from the subject property. The lighting system shall be turned off within one hour after the completion of a game or event.

(f)

Exceptions.

(1)

Any lighting fixture lawfully in place prior to the adoption of this section shall be exempt from these requirements. At the time that a non-conforming fixture is replaced, moved, upgraded, or otherwise modified, the fixture must be brought into compliance with the requirements of this section.

(2)

All public streetlights shall be exempt from these requirements.

(3)

Parking light fixtures in the central business (B-1) zoning district matching the traditional style of the downtown streetlights shall be exempt from these requirements. Other types of fixtures must comply with the requirements as listed above.

(4)

Lighting fixtures in the campus (CA) zoning district that are more traditional in character shall be exempt from the requirements for full cutoff or semi-cutoff fixtures and are required to have decorative finials or other similar devices on top of the fixtures to reduce the amount of uplighting. Such fixtures in the interior of a campus shall not exceed 14,000 lumens and all other such fixtures on campus shall not exceed 9,500 lumens. Other types of fixtures must comply with the requirements as listed above.

(5)

Churches, schools, and other institutions outside of the business (B-1/B-2/B-3) districts shall be allowed a maximum lighting level of 12 foot candles for any external lighting.

(g)

Definitions.

Foot candle: A quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot. For the purposes of this section, all references to foot candles are the maximum requirements at installation and are measured at ground level.

Full cutoff fixture: A light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.

Glare: The effect produced by a light source of great enough intensity to cause annoyance, discomfort, or reduction of a viewer's ability to see.

Light trespass: Direct light from a fixture that shines beyond the boundaries of the property on which the fixture is located. This light often intrudes into an area that it is not wanted or does not belong.

Lumen: A quantitative unit measuring the amount of light emitted by a light source.

Semi-cutoff fixture: A light fixture shielded or constructed in such a manner that it emits no more than five percent of its light above the horizontal plane of the fixture and no more than 20 percent of its light ten degrees below the horizontal plane of the fixture.

Uplighting: Any light source that distributes illumination above a 90-degree horizontal plane.

(Ord. No. 2027, 12-11-2001; Ord. No. 2073, 5-11-2004)