(a)

It is the intention of the town to create, and from time to time amend, a list of conditional uses within the schedule of permitted uses, article V of this chapter, which, because of their inherent nature and extent of external effects, require special care in the control of their location and methods of operation. The town is aware of its responsibility to protect the public health, safety and general welfare and believes that certain uses which now or in the future may be included on this list should be appropriately handled as conditional uses, subject to review in relation to general and specific requirements, rather than as uses permitted by right.

(b)

It is intended that the general and specific requirements, established below, shall be used by the planning commission to direct deliberating upon applications for the approval of conditional uses. It is the expressed intent of the town council to delineate the areas of concern connected with each conditional use and provide standards by which applications for such conditional use shall be evaluated.

(Code 1998, § 5-5-94)

The planning director shall review and decide all applications for conditional uses in accordance with the provisions of this section.

(1)

Application submitted to planning director. All applications for conditional use shall be filed with the planning director, who shall, before accepting any application, ensure that it contains all required information. Applications which are not complete, or otherwise do not comply with the provisions of this section, shall not be accepted by the planning director, but returned forthwith to the applicant, with a notation by the planning director of the deficiencies of the application.

(2)

Action on application. Within 60 days of the transmittal of the application to the planning director, the application shall be approved, disapproved or conditionally approved. Prior to reaching the decision, the planning director may consult with town officials, officials of the state and United States, citizens, the applicant or its agents and others who possess knowledge, experience, or information to aid in the planning director decision. In every case, the action shall include a summary of the reasons supporting that decision.

(3)

Actions subsequent to the planning director's action. The town clerk, subsequent to the planning director's decision on the application, shall notify the applicant by first class mail of the action. Notice shall also be given to the planning director who shall, in the case of approval or approval with attached conditions, issue the necessary permits in accordance with the planning director's action.

(Code 1998, § 5-5-95; Ord. No. 2010-11-04, exh. A, 10-25-2010)

(a)

The following general requirements must be satisfied by all applicants for approval of conditional uses:

(1)

The use proposed will not materially endanger the public health, safety or general welfare, if located where proposed and developed and operated according to the project specifications as submitted and approved.

(2)

The use proposed in general conforms with the approved town comprehensive plan. These findings, as well as the findings on the specific requirements for each conditional use, shall be supported by documentation appearing in the record of any required hearing, meeting, and discussion on the application.

(3)

Provisions for protection of natural resources prescribed in article V of chapter 22, Environment.

(4)

Public safety approval. For activities that may pose a risk to public safety, including but not limited to turkey shoots, deer hunting, and other uses involving the discharge of weapons or explosives, the applicant must provide a certification of public safety from the town council prior to the issuance of a conditional use permit.

(b)

Contents of the application for a conditional use permit shall include:

(1)

Six copies of a site plan, if required, prepared by a registered land surveyor, engineer, or landscape architect which shall contain the items described in article X of this chapter.

(2)

Description of the proposed business, equipment to be used and special processes to be employed.

(3)

Application fee as determined by town council.

(Code 1998, § 5-5-96; Ord. of 4-26-1999, § 3)

The following considerations shall be used in evaluating an application for a permit to a conditional use:

(1)

The proposed project will not result in an increase in illumination, caused by lighting, of adjacent residential properties.

(2)

The project will not create noise levels that will affect adjacent residential properties.

(3)

All operations associated with the special use shall conform to air and water quality standards established by the state department of health and environmental control, the federal government and any other government authority having jurisdiction.

(4)

The project provides adequate refuse collection and fire and emergency access commensurate with the specific building use.

(5)

The project provides for adequate vehicular traffic circulation.

(6)

Other considerations deemed important by the planning commission and the town council.

(Code 1998, § 5-5-97)

Cemeteries must meet the following requirements:

(1)

Description of the proposed cemetery, special equipment to be used or processes to be employed, and any special site access requirements shall be submitted to the town for consideration of an application for a cemetery. The applicant shall provide the town with any additional information regarding the business or proposed cemetery property as the town might request to consider the application.

(2)

The maintenance of a 50-foot buffer yard measured inward from the outer perimeter of the parcel of land to be used as a cemetery. This buffer yard will be reserved as permanent open space separating all land uses, including gravesites, from neighboring properties. The town may require additional buffering or screening such as a fence, wall or plantings as an additional grounds before allowing a cemetery.

(3)

A conditional use permit for a cemetery may not be issued if its proposed location is in a congested part of the town where the development of a cemetery would detract from the economic use of the public facilities and adjacent properties. Cemeteries are encouraged to be located in the less developed areas of the town.

(4)

All developments must adhere to appropriate state rules and regulations pertaining to cemeteries. (Reference the South Carolina Department of Labor Licensing and Regulation for perpetual care cemeteries.)

(5)

Private and church cemeteries are exempted from any fees, but are still required to submit a complete application and meet the standards for evaluation.

(6)

Any property that is proposed as a cemetery shall be free of any encumbrances, leases or mortgages.

(7)

Any proposed cemetery shall be a minimum of five acres. Exemption from this requirement may be granted to churches for cemeteries located on the church grounds.

(8)

Any entity seeking to establish a cemetery in the town must establish the long term financial ability to operate, secure and maintain such a facility.

(9)

An established cemetery shall not sell, lease, transfer, subdivide or assign their interest in the approved cemetery property.

(10)

Any entity seeking to establish a cemetery in the town must maintain burial records including a map of burial plots.

(Code 1998, § 5-5-98; Ord. No. 2012-13-13, 4-22-2013)

(a)

Sanitary landfills must be located on parcels of 40 acres or more and must be at least 300 feet from all property lines.

(b)

Inert landfills must be located on parcels of at least ten acres and be located 125 feet from all property lines.

(c)

Cellulose landfills must be located on parcels of at least five acres and must be at least 75 feet from all property lines.

(d)

All landfills must be permitted by the state department of environmental control prior to the granting of a special use permit.

(e)

Sanitary and inert landfills may be required to provide an opaque screen to adjacent residential uses.

(Code 1998, § 5-5-99)

The town requires that applications for a conditional use permit for all mining operations be accompanied by a valid permit that has been issued by the state land resources commission within the last six months. The town recognizes the value of buildable property and looks with disfavor upon mining operations that may endanger residents of the town and permanently deface the landscape and diminish the value of property within the town. Approval of a permit by special exception shall only be given after review by the board of zoning appeals to determine if the mining site is compatible with the surrounding area.

(1)

The board of zoning appeals will use the following criteria, based upon factual evidence presented by the applicant and/or the public during the public hearing, for judging the compatibility of the proposal with the surrounding area:

a.

Will private and/or surface water facilities, and existing stormwater/drainage systems be negatively impacted by the proposed use?

b.

Is the proposed site, access, transportation route and operations located where existing residences may be negatively impacted by the mine's activities and equipment operations?

c.

Will pedestrian and/or vehicular transportation corridors and access be negatively impacted? In considering the effect upon transportation corridors the board of zoning appeals must find that existing residences, a public or private school, public park or public recreation area, youth activity center, public library, and/or a child care facility will not be negatively impacted by the mine site's operations, access, or truck route.

d.

Will the proposed use negatively impact the character of the surrounding area and is it compatible with surrounding uses?

(2)

The mine site must comply with the following criteria:

a.

Any mine pit shall be three acres or less.

b.

A mine pit must be less than ten feet deep as measured from the original ground elevation immediately surrounding the pit.

c.

The mine site may not operate greater than 12 months. The planning director, upon finding that the site has operated substantially in compliance with the standard contained in this section, has the authority to grant one extension which shall not exceed six months.

d.

Mining shall only be conducted in areas zoned RC—rural conservation, LI—light industrial or GI—general industrial.

e.

Dust reduction measures must be employed to alleviate both on-site and off-site dust nuisance generated by the mine site's activities. These measures include, but are not limited to one or more of the following:

1.

Stabilization of non-active exposed soil and stockpiles through vegetation, mulching, chemical stabilizer and/or stone or gravel layering;

2.

On-site speed limits to minimize disturbance;

3.

Application of water or other dust pailiatives;

f.

DHEC reclamation and regulations must be observed.

g.

An emergency contact sign not to exceed four square feet with light reflective and minimum four-inch letters that includes the name of the operator and an afterhours phone number must be erected at the entrance. The sign must be placed a minimum ten feet from the road right-of-way but no more than 25 feet from the road right-of-way and must be maintained throughout the operation of the mine site.

h.

The mine site must comply with the town noise ordinance;

i.

The mine site must comply with the town stormwater management ordinances.

j.

The hours of operation shall be no greater than 7:30 am to 6:30 p.m. State, local and federal projects mandated for night work may be temporarily exempted for these hours of operation upon the submittal of satisfactory documentation to the planning director demonstrating the need for the exemption and to extend only through the duration of the mandated night work.

k.

The site shall be located within one half mile of an arterial road or a truck routing plan must be developed that minimizes the travel of trucks and equipment along routes that pass existing uses where children are frequently present such as public or private schools, public parks or public recreation areas, youth activity centers, public libraries, child care facilities, or residential uses. Travel distance and cost shall not be a factor of consideration for the development and approval of the truck routing plan. Truck routes proposed shall be approved by the planning director.

l.

The mine shall not operate within 500 feet of a religious institution, public or private school, public park, youth activity center, public library or licensed child care facility.

1.

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the mine pit to the nearest eave of the premises of a religious institution, public or private school, youth activity center, public library, child care facility, or to a residential use, and to the nearest active portion of a public park or public recreation area.

2.

A mining operation lawfully operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, public or private school, public park or recreation area, a residential use, youth activity center, public library, or child care facility subsequent to the grant or renewal of a mining permit.

l.

Where surface water features remain, or a depressed area is created, a final grading plan matched to the proposed end use, as specified in the DHEC reclamation plan, shall be submitted. The final grading plan shall demonstrate that sufficient land is to remain excavated or that the excavation will be done in a manner permitting the development to conform to this chapter's regulations without any variance.

m.

All mining sites shall be surrounded by a natural or planted vegetative buffer that is no less than 50 feet that shall block visibility and noise from the surrounding neighbors. The vegetative buffer shall be no less than 100 feet from an adjacent property line of a residential-use.

(Code 1998, § 5-5-100; Ord. No. 2017-18-4, 7-9-2018)

(a)

Manufactured housing (mobile home) permit required. No mobile home may be placed on any property or lot without first obtaining a manufactured housing (mobile home) permit as allowed by the subject zoning district.

(b)

Minimum standards. Manufactured housing (mobile homes) must meet the following criteria:

(1)

Wind zone 2 certification (winds of 110 miles per hour).

(2)

Provide a certification of the soil percolation test and provide a site area as required by state department of health and environmental control for septic tank installation if public sewer is not accessible.

(3)

Provide a recordable plat of proposed site, illustrating rights-of-way, easements, streets, buildings, drainage areas on and adjacent to the site.

(4)

Provide a county licensing decal.

(5)

Provide a county mobile home moving permit.

(6)

Provide an electrical service pole at the rear of the unit, in accordance with South Carolina Electric and Gas Providers regulations, with service wiring underground when feasible.

(7)

Provide a photographic identification and license of the mobile home installer.

(c)

Expiration of conditional use permit. A conditional use permit for a mobile home will expire at the end of six months if a certificate of occupancy has not been issued. An expired manufactured housing (mobile home) permit may be renewed by the board of zoning appeals.

(d)

Storage of mobile homes not permitted. Mobile homes may not be stored or otherwise placed on lots without meeting the requirements of this section. The town planning director and the town attorney shall be authorized to seek judicial relief as required to remove any mobile home placed on a lot without, or in violation of, a conditional use permit.

(e)

Replacement of deficient mobile homes. If a mobile home is no longer repairable at a reasonable cost or destroyed, it will be replaced by a mobile home that will not infringe upon the existing building setbacks.

(f)

Tie-down and ground anchors. In all cases, the manufacturer's installation manual is the document to be used for the first placement of new manufactured homes. Subsequent installations should also be in accordance with the manufacturer's installation manual if it is available. In the absence of the manufacturer's installation manual, the town may seek certification from an architect or structural engineer that the unit is underpinned sufficiently to meet wind zone 2 requirements. State installation regulations must be utilized and may not be amended or usurped at the local level.

(g)

Skirting. Skirting shall be brick veneer, concrete block, wood, metal or vinyl skirting, continuous, except for ventilation and access, shall be installed upon placement on the lot and before occupancy.

(h)

Exterior siding. Exterior siding shall be wood, hardboard, vinyl, brick or aluminum shall be comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

(i)

Roofing material. Roofing materials shall be the type of shingle that is commonly used in standard residential construction, such as architectural residential construction.

(j)

Minimum roof pitch. Minimum roof pitch shall be three inches by 12 inches roof pitch or the standard of each manufacturer's equivalent to a three inch by 12 inch roof pitch.

(k)

All apparatus used to move the manufactured home must be removed after placement and before occupancy. The tongue, axles, transporting lights and removable towing apparatus must be removed after placement on the lot and before occupancy.

(l)

Standards for entrance and exit construction. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in a manner commonly used in standard residential construction. These amenities shall be attached firmly to the primary structure, anchored securely to the ground and shall meet or exceed the requirements of the building code enforced by the town as adopted by town council.

(m)

Preowned manufactured homes need to meet the zone 2 standard for wind speed. Preowned manufactured homes being placed onto a parcel within the town should have official designation from the Department of Housing and Urban Development (HUD) as meeting the wind zone 2 standards. The town is within wind zone 2 which is designated as a high wind speed area. The state department of labor, licensing and regulations states all manufactured homes must be labeled to meet the minimum wind speed for the zone in which they are to be placed. Consequently, only homes built to wind zone 2 specifications and labeled as wind zone 2 units may be placed in the town. The wind zone requirements are provisions of federal law and no exceptions or variances are permitted.

(n)

Uses. HUD-labeled manufactured homes constructed after December 31, 1984, are constructed as single-family detached residences, and may be also used as construction site offices only. Manufactured homes shall not be occupied by permanent nonresidential land uses except for home occupations meeting the standards of the state. They are not designed or intended for use as, nor will they meet any building code requirements for, offices, stores/shops, classrooms, places of assembly, etc. A customary home occupation may be conducted within a manufactured home, as along as it is permitted by local zoning, meets the provisions of any applicable state or federal laws and the principal use remains as a residence. A change of occupancy is possible for a HUD-labeled home if the structure is brought up to the minimum compliance with all locally adopted codes for the new use and occupancy classifications. Since the unit may have to be stripped down to its frame before it could be inspected or renovated, the procedure would be time consuming and costly to its owner. In addition, local approval would be valid only in the jurisdiction where the renovation and inspections took place. If the unit was moved to another jurisdiction, the whole process could be required to be repeated.

(o)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Hurricane-resistive manufactured home means a manufactured home which meets the wind design load requirements for Zone II in Subpart D, Sec. 3280-305(c)(2) of the Federal Standard or the applicable hurricane-resistive design requirements of the Standard for Manufactured Homes, NFPA 501B/ANSI A22 5.1 edition in effect at the time of manufacture.

Manufactured homes means homes built to a national building code governed by federal law. The federal Housing and Urban Development administration issues pre-emptive construction standards for manufactured homes. The standards are sometimes referred to as the HUD code. If a manufactured home is structurally overhauled to meet International Residential Code (IRC), then it is permanently founded and no longer a manufactured home.

Mobile homes means homes built on a chassis prior to the advent of federal regulations in 1976. State and federal law makes a distinction between modern day manufactured homes (built starting in 1976) and their predecessor, the mobile home.

Modular homes means homes also built in a factory, but their construction is governed by the International Residential Code (IRC), the same building as site-built homes. Installation of a modular home is also governed by the International Residential Code (IRC). Modular homes can be built either off-frame or on-frame; there is no legal distinction between the two. Both are taxed the same, have zoning parity with site-built homes and are regulated by the same state agency modular regulatory program.

Note— If a manufactured home is allowed to be converted to or used as any use other than a single-family residence, all warranties, approvals and labels issued by the federal government, the manufacturer and the associated design and inspection agencies are rendered null and void. At that point, the local jurisdiction assumes complete responsibility for assuring compliance with all provisions of all applicable codes for the new use and occupancy classifications, and must certify the building as being equal to a site-built structure in its construction.

(Code 1998, § 5-5-101; Ord. No. 2006-52, 10-23-2006)

Mobile home parks are defined as a tract of land developed for leasing or sale of housing units and/or spaces for mobile homes. Park development applications shall be coincident with the project's being submitted for subdivision regulation approval, as outlined in chapter 30, Land Development. Mobile home parks shall comply with all applicable state and local regulations as well as the following criteria:

(1)

Lot area. All mobile home parks shall be at least two acres in size.

(2)

Density. All mobile home parks shall not exceed eight mobile homes per acre with each mobile home space having a minimum area of at least 4,000 square feet.

(3)

Spacing. All mobile homes shall be at least 20 feet apart.

(4)

Setbacks. Setbacks for all structures located within a mobile home park shall be 25 feet from site property line.

(5)

Access. Each mobile home space shall abut an access road having an all-weather driving surface with a width of not less than 20 feet.

(6)

Drainage. A drainage plan, approved by the county public works department, shall be submitted with each site plan.

(7)

Site plan. A site plan following the requirements found in article X of this chapter shall be submitted.

(8)

Sewer and water system. Sewage disposal and water distribution system approved by the county health department (DHEC).

(9)

Individual mobile homes. All mobile homes within mobile home parks shall meet the requirements set forth in section 58-193(b).

(Code 1998, § 5-5-102)

(a)

Location and access. No recreational vehicle park shall be located except in a public park or with direct access to a federal, state or county road.

(b)

Occupancy. Spaces may be used by recreational vehicles. Spaces shall be rented by the day or week only, and no recreational vehicle shall remain in the same recreational vehicle park more than 30 continuous days.

(c)

Setback from residential use. Such parks shall be located no closer than 200 feet from a residential use.

(Code 1998, § 5-5-103)

(a)

Screened perimeter. Salvage yards/junkyards shall be screened around their entire perimeter with a continuous seven foot tall natural or manmade screen or buffer which may include but not limited to masonry walls or opaque wooden fences. Where chainlink fences are proposed, such fences must be covered with natural vegetation to make them opaque.

(b)

Setback for residential use. Salvage yards/junkyards shall not be located closer than 500 feet to any residential use, school, church or public park.

(Code 1998, § 5-5-104)

(a)

Construction and modification approved as special use. The construction, addition and/or modification of communication towers must be approved as a special use, pursuant to the requirements of sections 58-186 through 58-189. All applicable permits must be issued prior to construction, addition or modification.

(b)

Allowed districts. Communication towers shall be approved as a special use within an RA, GC, LI, and GI district.

(c)

Minimum lot size. In the RA district, communication towers may be permitted only on tracts having a minimum size of ten acres. In the GC, LI and GI districts, communication towers may be permitted only on tracts having a minimum size of three acres.

(d)

Location. The proposed tower must be located such that adequate setbacks are provided on all sides to prevent the tower's fall zone from encroaching onto adjoining properties. The fall zone shall be determined by an engineer certified in the state. From any residential zone, towers shall be located a minimum distance of 50 feet as measured from the center of the proposed tower plus one foot distance per two feet of tower height (measured from base) from the nearest neighboring property. Towers may not be located within 1,000 feet of another tower unless on the same property.

(e)

Height. The maximum height for communication towers shall be 200 feet; provided that the special use permit may provide for additional height up to a maximum of 500 feet if space is made available for collocating one or more other carriers. Fifty feet of additional height may be permitted for each space made available for collocation of other carriers.

(f)

Screening. The proposed tower and associated structures shall be screened by a six-foot nonscaleable security fence. Landscaping of a planted screening shall be required outside of the security fence with at least one row of evergreen shrubs capable of forming a continuous hedge row at least five feet apart. The landscaping requirements may be waived if it is determined that existing natural vegetation provides adequate screening or if it is determined that landscape requirements are not feasible due to physical constraints or characteristics of the site on which the tower is proposed.

(g)

Safety. The proposed structure will not endanger the health and safety of residents, employees or travelers, including, but not limited to, the likelihood of the failure of such structures.

(h)

Illumination. Proposed towers shall be illuminated only to the extent required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agencies. Nighttime strobe lighting shall not be incorporated unless required by one of the above regulatory agencies.

(i)

Appearance. The proposed tower shall be located in an area where it will not substantially detract from aesthetics and neighborhood character or impair the use of neighboring properties. To the extent possible, all new towers proposed for upgrades with new equipment shall employ techniques to hide towers. The color of the proposed tower shall be appropriate to blend in with its surroundings. The proposed tower shall not include signage of any nature on any portion of the tower except as required by applicable federal and/or state regulation.

(j)

Collocation. The applicant should pursue collocation of communication towers or tall structures. Proposed communication equipment collocating on existing towers or structures without adding to their height more than 50 feet will only require a zoning permit and will not be subject to the above requirements.

(k)

Application. The applicant must submit a scaled site plan showing the location of the proposed tower, guy anchors (if any), buildings and other structures or improvements, parking, driveways, fences and protected trees affected by the proposed improvements. Adjacent land uses shall also be noted on the site plan. The height and typical design of the tower, typical materials used, color and lighting shall be shown on elevation drawings. The fall zone shall be documented in a letter signed and sealed by a certified engineer. Attempts to collocate shall be evidenced by correspondence, agreements, or contacts that alternative existing structures are not available or not feasible, with reasons noted as judged by the planning and zoning commission. The applicant shall provide a binding statement that it will allow other companies/agencies to collocate on an approved tower subject to engineering and technical capabilities of the tower and a financial compensation arrangement at a fair market value.

(l)

Notification. Within 15 working days of a completed application for a communications tower, town staff shall send by first class mail a notice of the application to the owners of all properties within 300 feet of the parcel for which the permit is requested.

(m)

Removal. Towers no longer used for communication purposes must be dismantled and removed at the expense of the tower's owner within 60 days, of the date the tower is taken out of service. The tower owner shall inform the town in writing of its plans for removal within 14 days, of the date the tower is taken out of service.

(n)

Franchise fees. Every tower owner must pay franchise fees as per the state telecom regulations and purchase a town business license.

(Code 1998, § 5-5-105)

(a)

Special use permit required. A special use permit is required for the following:

(1)

A use permit is required prior to the construction or modification of every structure intended primarily for use for movie/media production activities;

(2)

A use permit is required prior to the use of any existing structure for movie/media production activities;

(3)

A use permit is required prior to the use of any outdoor property for movie/media production activities.

(b)

Requirements. In addition, structures used for movie/media production activities must meet the requirements of the movie production facilities overlay district set forth in section 58-105.

(1)

Business license. The owner/applicant must secure a town business license pursuant to chapter 14, Business.

(2)

Application. The application for a special use permit must include the following:

a.

Description of the area where the activity is contemplated.

b.

General description of the proposed activity.

c.

Dates on which the proposed activities is proposed to commence and cease.

d.

Times of day on which all proposed outdoor activities will commence and cease.

e.

Equipment, machinery and number of personnel planned for the activity.

f.

Detailed description of the use of amplified sound, explosives, lighting, spot lights and aircraft.

g.

Needs for electrical, water and fire protection services.

h.

Traffic plan for the activity, including a statement describing an evacuation plan, which roads will be partially or completely obstructed, and designation of responsible parties for traffic management during the activity.

i.

Vehicle parking plan, providing that equipment and support vehicles not in immediate use will not interfere with pedestrian and vehicular traffic.

j.

Copies of insurance policies in effect for the firms participating in the activity.

k.

Telephone numbers (24-hour) for representatives of the activity.

(3)

Animals. Animals including domesticated and wild birds and all types of reptiles, mammals and fish shall be maintained within the designated activity area under the supervision of a specially designated individual. The special use permit shall specify the methods to be used to remove/compost animal waste, and the methods to be used to dispose of dead animals. Annually, or at the conclusion of the activity if sooner, the individual shall file with the town a written report of the total number of animals housed and/or involved in the activity, and shall document compliance with the permit conditions for waste and dead animal removal.

(4)

Explosives and special effects.

a.

Discharge. All uses of explosives, pyrotechnics, fire, smoke-making machines, and similar special effects shall be approved by the St. Paul's District Fire Department, and must also be expressly approved in the special use permit.

b.

Storage. The special use plan shall specify the methods and locations used to store explosives. Explosives may not be stored within 750 feet of any permanent structure unless the storage facility is constructed in such a manner as to control and dissipate an explosion three times the expected force of the maximum explosion. Access to explosives must be limited to certified explosives technicians and, in emergencies only, the St. Paul's District Fire Department. Explosives storage facilities shall be sprinklered and not open to the public. All storage must meet the approval and conditions of the state and federal agencies charged with the inspection, use and disposal of explosives and hazardous wastes.

(5)

Site disturbance. All the requirements of this chapter regulating site disturbance, including the protection of natural resources and site plan review, shall apply. In addition, for outdoor activities, the special use plan shall specify and restrict all proposed site alterations, including grading, paving, tree removal and replanting, and use of explosives. The special use plan shall provide for the cleaning and restoration of all outdoor sites.

(6)

Outdoor noise and lighting. The special use plan shall specify and limit the outside use of loud noise and intensive lighting, including the times of use and the proximity to other properties, so as to protect the quiet enjoyment of nearby properties. The special use permit shall also restrict the movement of trucks, other heavy vehicles and heavy equipment between the hours of 10:00 p.m. and 8:00 a.m.

(7)

Safety concerns. Outside activities, including production vehicles, must not block fire hydrants, driveways or other access ramps, unless authorized by the special use permit and by any affected property owner. Production vehicles must be parked so as not to impede safe lines of visions at intersections. Lighting must not interfere with the same movement of traffic.

(8)

Street closings. Street closings shall be discouraged; all street closings must be approved by the county sheriff's office, and shall provide for diverting of traffic and advance public notice. Closing of state roads requires the approval of the state department of transportation.

(9)

Use of public rights-of-way. The special use plan may permit the use of public rights-of-way for outdoor activities, provided they are restored to their original condition; the town may impose a reasonable bond for this purpose.

(10)

Notification of affected properties. All residents within 500 feet of planned outdoor activities must be notified by letter or in person at least three days in advance. Earlier notification, and notification of a broader area, may be required in cases where planned activities may have a significant impact on normal activities of the area.

(11)

Media production review board.

(Code 1998, § 5-5-106)

(a)

The planning director is authorized to issue temporary use permits for garage sales provided that no residence shall have more than four such sales a year and that such sales be conducted during a single day.

(b)

As conditioned by subsection (c) of this section, the planning director is authorized to issue temporary use permits upon approval of the planning commission for the following:

(1)

Religious meetings in a tent or other temporary structure in RA, GC, LI and GI zoning districts, not to exceed 60 days. Such meetings must be accompanied by a letter from the local fire department or fire marshal that such event meets all safety requirements.

(2)

Open lot sale of Christmas trees in an RA, NC, GC, TC, LI or GI zoning district, not to exceed 45 days.

(3)

Real estate offices in any zoning district to promote the sale of property for a particular development, not to exceed one year, provided no cooking or sleeping accommodations are maintained and the temporary office is located within the development.

(4)

Travel trailers, for occupancy by guest of the landowner, or occupancy by the landowner during construction of a permanent home, not to exceed one year (renewable annually in cases of permanent home construction, up to three years).

(5)

Temporary uses which would have a significant impact on the town, such as fairs, carnivals, promotional events, etc., provided that determination is made that traffic congestion and neighborhood nuisance shall be avoided.

a.

Temporary permits to hunt, kill or take antlerless deer pursuant to the S.C. Code 1976, § 50-11-410 or to take deer that have overpopulated an area, pursuant to the S.C. Code 1976, § 50-11-1080, may be issued at the sole discretion of the planning commission in all zoning districts, provided:

1.

All animals are taken under the supervision of the state department of natural resources.

2.

Based upon documentation provided by the state department of natural resources or other reliable sources, the commission finds the need to reduce the herd size in order to protect the overall health and stability of the deer population in the town.

3.

A hunting plan is submitted to and approved by the commission. The hunting plan must demonstrate compliance with all applicable state laws and regulations, expressly including the limitations on hunting deer near residences as provided in S.C. Code 1976, § 50-11-355. The hunting plan must identify the following:

(i)

Who the hunters will be, including any qualifications for taking part in this activity, and the weapons they may use.

(ii)

The locations where hunting will be permitted and excluded, shown on a map of the area accurate to scale.

(iii)

The dates and times when hunting will be permitted.

(iv)

The number of animals that may be killed.

(v)

Any limitations on hunting, such as shooting from raised platforms.

(vi)

Any conditions imposed on the use or disposal of the meat and carcasses.

(vii)

Provisions for notice to surrounding property owners/users, including posting of properties where warranted.

(viii)

Who will be responsible in case of damage to private property or injury to persons, including any applicable insurance coverage.

(ix)

How the plan will be implemented, and who will be responsible for implementation.

(x)

Any other conditions or limitations the commission chooses to make.

4.

The applicant must submit documentation of permission to hunt by the property owner where hunting is proposed to occur, including properties used for access.

5.

The town council must review and approve all weapons discharge proposed in the application. The town council must expressly find that the proposed activity will not unduly endanger the citizens of the town, or impede or interfere with the permitted uses of the property where hunting will occur and surrounding properties.

b.

As a condition of the permit, the permittee must agree to immediately cease all hunting activities when so ordered by the town and/or its law enforcement representatives due to violation of permit conditions, revocation of the permit, changed conditions or imminent public safety hazard.

c.

The temporary permit may be renewed, extended or expanded in geographical area by action of the commission, subject to the town council's approval. Failure to abide by any condition of the temporary use permit, including any provision of the hunting plan approved by the commission, may result in the immediate revocation of the permit, without notice to or recourse by the permittee. Any revoked permit may be reinstated only by action of the commission.

(6)

Renewal of temporary use permits may be granted by the planning commission upon finding that traffic considerations are met and that the use does not constitute a nuisance or inconvenience to neighbors, nor to the town.

(7)

Temporary structures, including manufactured structures and mobile homes, may be located on construction sites but must be removed within 15 days of upon the completion of the project. Such structures may be used as a temporary residence only by the owner of such lot who is constructing, repairing, or renovating a permanent residential building provided that such residential use is approved by the planning commission as a conditional use. Temporary residential uses shall be permitted for a period of one year. Such use may be extended to an additional six months upon approval of the planning commission. The temporary residential use shall meet health department standards regarding sewerage disposal.

(c)

Public safety approval. For activities that may pose a risk to public safety, including but not limited to turkey shoots, deer hunting, and other uses involving the discharge of weapons or explosives, the applicant must provide a certification of public safety from the town council prior to the issuance of a temporary permit.

(Code 1998, § 5-5-107; Ord. of 4-26-1999, § 3; Ord. No. 2005-16, § 5-5-107, 10-24-2005)