The uses permitted in the several zoning districts established by article I, the off-street parking requirements, and the dimensional requirements of each are set forth herein. These requirements are presented through the use of tables in section 2-2.

Table 1 sets forth use and off-street parking requirements for all districts. Article III, Table 2 sets forth lot area, yard, setback, height, density and floor area requirements for all districts.

The North American Industry Classification System (NAICS) is the basis for determining the use of property permitted in the various primary zoning districts. Where uncertainty exists relative to a given use not specifically listed by Table 1, the NAICS Manual shall be consulted. The 2022 (or most current) edition of the NAICS Manual is used in this ordinance and shall be consulted hereafter for use determinations. If there is a discrepancy between the NAICS use description and the listed NAICS code number, refer to the manual to verify the correct code number. While the NAICS Manual will be consulted, the determination of whether a use not listed below is appropriate in a certain zone shall be made by the zoning administrator. An applicant aggrieved by the zoning administrator's decision may appeal said decision to the board of zoning appeals for a final determination.

In general, all uses listed by a given NAICS subsector number and category should be construed as being permitted if allowed in the assigned zoning district, unless specific uses are separately listed. When specific uses are separately listed, their uses allowed or not allowed in each zoning district apply to that specific use only. Example:

Convenience stores, farmers markets, and specialty foods stores have specific allowances within each zoning district. All other food and beverage stores are regulated as listed under the NAICS 445 subcategory.

If no uses are listed as permitted under a NAICS subsector, but the following specific uses are listed as permitted within the subsector, only those listed subsector uses should be permitted, and no others. Example:

Only solid waste collection and septic tank and related services are allowed under NAICS 562, Waste Management and Remediation Services.

Again, the zoning administrator shall use the NAICS Manual and the above guidelines to help determine which specific unlisted uses are allowable in which districts. It is not possible that every use within the NAICS sectors will be listed in the tables or covered in the NAICS Manual. However, if the zoning administrator is unable to make a determination, the applicant may apply for a ruling from the board of zoning appeals that the proposed use is the same as, or substantively like, an allowable or conditionally allowable use that is listed in the tables, and therefore allowable. The zoning administrator may rely on such rulings in making future use determinations.

Any uses listed in Table 1 that are not covered in the NAICS Manual are identified by the letters "NA" (not applicable) in the NAICS column.

All uses are to be considered commercial (business, industry, enterprise, etc.) uses unless otherwise specified under conditional uses. Unless otherwise specified in conditional use regulations, private, non-commercial, not for sale or profit uses may be allowable and are not strictly applicable to the use tables. Such uses include what are normally considered hobbies. Again, the zoning administrator shall determine the appropriateness of the use in any specific zone.

Where the letter "P" is shown, the use to which it refers is permitted as a use by right in the indicated district, provided it complies fully with all applicable land development standards.

Where the letter "C" is shown, the use to which it refers is conditionally permitted in the indicated district, subject to applicable requirements (conditions) set forth in this ordinance.

Where the letters "SE" are shown, the use to which it refers is subject to a special exception determination by the board of zoning appeals in the indicated district, according to applicable requirements set forth in this ordinance.

Where the space is blank (no letter), the use to which it refers is not permitted in the indicated district.

A reference following a use category means the use must meet the additional conditions and requirements of the referenced section.

To aid in the use of Table 1, it is arranged by NAICS sectors, followed by the uses and codes included in the respective sector:

Uses and NAICS code references are displayed within the appropriate sector in numerical order, beginning with sector 11 (agricultural, forestry, fishing, hunting) and running through sector 92 (public administration). Residential uses are listed following public administration, without sector references.

A note on off-street parking: As with the appropriateness of uses in certain districts, required off-street parking requirements cannot be determined for all uses, and occasionally the given calculation for required off-street parking may be deemed inappropriate by the zoning administrator for specific projects. The zoning administrator shall always use this zoning ordinance as a guide for the off-street parking requirement, but developers may always request a variance to the requirement based on past experience with similar developments, the parking requirements of nearby jurisdictions, data from the Institute of Transportation Engineers or similar groups, or factors specific to the proposed development. The zoning administrator may take this data into consideration when deciding upon required parking. Both the applicant and the zoning administrator have the right to request that the board of zoning appeals hear the variance request should the administrator not be able to issue a decision or should the applicant feel aggrieved by the administrator's decision.

Required off-street parking for residential uses is set at two spaces per unit. These parking spaces shall not be less than nine feet by 19 feet. In practice, this sets the practical distance between a garage door and the edge of right-of-way at 19 feet. Garages and carports may be used for the calculation of off-street parking but must have a clear width at the garage door of 18 feet in order to be considered as accommodating two vehicles. Garage doors at least nine feet in width but less than 18 feet in width shall be considered to accommodate one vehicle. In all cases a garage or carport must have a depth of 19 or more feet in order to be considered capable of accommodating a vehicle.

Table 1
Schedule of Permitted, Conditional, and Special Exception Uses
and Off-Street Parking Requirements by Zoning District

NOTES

1.

S.f. GFA means square feet of gross floor area. Note that off-street parking requirements is given for the primary use. The planning official may make adjustments to off-street parking requirements in consideration of more or less intense secondary uses. As example, the amount of square footage devoted to office space in a distribution center may require additional parking.

2.

Auto dealers' outdoor display areas of automobiles for sale do not count as required parking. Refer to article VI for supplemental off-street parking requirements.

3.

ATM machines can be located at uses conditionally permitted in FA zoning districts.

4.

Special events (fairs, carnivals, circuses, concerts, and similar events) are allowed as temporary uses. Refer to regulations for temporary uses (NAICS 71119).

5.

Rules for use of historic sites are the jurisdiction of the individual property owner.

6.

Includes playgrounds and neighborhood and regional parks (cross-reference NAICS 924).

7.

Refer to regulations for accessory uses.

8.

Cross-reference urban gardens (NAICS 111).

9.

Vending machines are allowed as an accessory use (structure) to primary uses where the primary uses are permitted or conditionally permitted and are subject to the accessory use regulations of this appendix. Vending machines permitted as a primary use are subject to the zoning regulations for the use of lots, landscaping, off-street parking, and signage of this appendix.

10.

Requires only general rules for special exceptions to be met.

(Ord. No. 22-07, 5-17-2022; Ord. No. 22-27, 8-16-2022; Ord. No. 23-01, 3-21-2023; Ord. No. 23-15, 7-18-2023; Ord. No. 23-16, 7-18-2023; Ord. No. 23-25, 12-5-2023; Ord. No. 24-05, 3-19-2024)

2-3.1. Conditional uses for commercial office (CO) zoning districts.

(a)

When Table 1 conditionally allows a use in CO zoning districts, the planning official shall ensure that the following conditions will be met:

(1)

Office buildings shall not exceed 6,000 square feet gross floor area.

(2)

No uncovered open storage or keeping of materials not associated with the principal use shall be permitted in public view.

(3)

Establishments shall not operate after 9:00 p.m.

(4)

Establishments shall meet the buffer and landscaping requirements of this appendix.

2-3.2. Conditional uses or special exceptions for neighborhood commercial (CN) and fringe agriculture (FA) zoning districts.

(b)

The intent if these regulations is to allow certain small-scale commercial uses adjacent to residential developments and in rural parts of the town. These uses are for small-scale businesses offering goods and services that are manned during business hours, do not require large-scale deliveries, and do not produce excessive levels of light or noise. Examples include shops, cafes, bakeries, and other types of service businesses. Integration of such commercial establishments can provide community members convenient access to neighborhood-oriented services and give residents the option of walking rather than depending on an automobile. Where conditionally permitted in CN and/or FA zoning districts per Table 1, these businesses:

(1)

Shall not exceed 5,000 square feet gross floor area.

(2)

If an establishment engaged in the retail sale of alcoholic beverages, shall not permit on premise consumption, except as a special exception in CN zoning districts as provided in this article.

(3)

Shall not have uncovered open storage or keep materials not associated with the principal use in public view.

(4)

Shall not operate after 8:00 p.m.

(5)

Shall meet the buffer and landscaping requirements of this appendix.

2-3.3. Conditional uses and special exceptions for urban gardens.

An urban garden is a lot, or any portion thereof, managed and maintained by a person or group of persons for non-commercial growing and harvesting, farming, community gardening, or any other use, which contributes to the production of agricultural, floricultural, or horticultural products for beautification, education, recreation, community use, consumption, off-site sale, or off-site donation.

In RS and RG residential zoning districts, urban gardens are conditionally permitted as an accessory use to any structure that serves as a permitted principal use, and urban gardens may be allowed by the board of zoning appeals as a principal use on undeveloped lots by a special exception under the conditions for urban gardens sited herein. In all other zoning districts (non-residential), urban gardens are permitted unconditionally as a principal or accessory use. The term urban garden does not include gardens located on lots with residential structures and grown for personal use of the residents of those lots. These are permitted outright.

(1)

Conditions for urban garden uses:

a.

No on-site sales are permitted.

b.

Urban gardens do not include animal production.

c.

Urban gardens must comply with all requirements set forth in this Code, unless otherwise expressly set forth herein.

d.

Notwithstanding any provision in this appendix to the contrary, hoop-houses, greenhouses, trellises, raised beds, tool sheds, and any other structures used by the urban garden for the purposes set forth above are expressly allowed. The placement of structures shall adhere to the accessory structure setback requirements of this appendix. Garden plants may be grown up to three feet from any property line.

e.

Notwithstanding any provision in this appendix to the contrary, machinery and equipment used by the urban garden for the purposes set forth above are expressly allowed. When not in use, all such machinery and equipment shall be stored so as not to be visible from any public street, sidewalk, or right-of-way. An exception is that machinery and equipment temporarily rented or borrowed may be kept on-site and un-stored for a period of no more than 14 consecutive days.

2-3.4. Reserved.

2-3.5. Conditional uses for mobile food services (vendors, food trucks).

Refer to the use of food trucks in special events temporary uses in this article.

(1)

Obtain a permit from the town.

(2)

Comply with all SCDHEC retail food establishments regulations 61-25.

(3)

Display the SCDHEC food letter grade.

(4)

Maintain with the vehicle written permission for use from the private property owner or authorized lease holder of the private party of each vending location, if operating on private property.

(5)

When not in operation, the mobile food service vehicle must be removed from the parcel and the operator must remove from the parcel all materials associated with the business. No mobile food service vehicle shall operate between the hours of 10:00 p.m. and 6:00 a.m. if the parcel upon which the mobile food service vehicle is located is within 400 feet of a parcel zoned residentially.

(6)

The use of any sound amplification is prohibited regardless of the intended purpose.

(7)

The sale or service of alcoholic beverages is prohibited, except as may be permitted under special events temporary uses.

(8)

A garbage receptacle shall be provided for customers in a convenient location that does not impede pedestrian or vehicular traffic.

(9)

All litter or debris generated within a minimum of a 25-foot radius of the mobile food service vehicle shall be collected and removed by the mobile food service vehicle operator.

(10)

Ancillary service items (tables, chairs, etc.) which are not a component of the mobile food service vehicle shall not be allowed.

(11)

The mobile food service vehicle shall be positioned in a parking space; shall not block drive aisles, other access to loading/service areas, or emergency access and fire lanes; and shall be positioned at least 15 feet away from fire hydrants, any fire department connection, buildings, driveway entrances, alleys, handicapped parking spaces, sidewalks, tree trunks, and vegetation.

(12)

Mobile food services may not operate at any one location more than eight days per month.

2-3.6. Conditional uses for townhouses and multifamily housing.

(a)

Conditional uses for townhouses. Due to the unique design features of townhouses, the dimensional and density requirements of table 2 are hereby modified, as follows:

(1)

Such projects shall have a minimum of one acre.

(2)

Minimum lot area shall be 2,000 square feet per unit, on average.

(3)

Not more than six townhouses may be joined together, with approximately the same (but staggered) front line.

(4)

Side yard setbacks at the end unit shall be as required for the district in which the project is to be located, with not less than 20 feet distance between buildings in the project area.

(5)

Rear yard setbacks shall be 25 feet.

(6)

Minimum lot width shall be 24 feet, on average.

(7)

Sidewalks not less than five feet in width shall be provided along the front property line of each project building.

(8)

Each home shall feature two off-street parking spaces, plus one additional parking space for each ten units spread through the development for overflow/guest parking. Additional parking placed on individual lots may count towards this requirement with zoning administrator approval.

(9)

The building façades shall alternate between units.

(10)

Where proposed adjacent to single-family detached neighborhoods, the planning official may require additional screening and/or buffering to protect adjoining single-family residents.

(b)

Conditional uses for multifamily housing. Due to the unique design features of multifamily housing (apartments), the dimensional and density requirements of Table 2 are hereby modified, as follows:

(1)

Such projects shall have a minimum of one acre.

(2)

Multifamily buildings may not cover more than 25 percent of the total lot acreage.

(3)

Front yards, rear yards and side yards shall surround multifamily buildings by 25 feet on all sides.

(4)

Off-street parking must be provided for not less than two vehicles per single housing unit in the multifamily housing complex.

(5)

Street access. Multifamily housing shall access only roads with a minimum of four paved lanes with one lane being a turning lane. Such roads may be pre-existing or modified by the developer and approved by SCDOT and the town.

2-3.7—2-3.10 Reserved.

2-3.11. Conditional uses for accessory apartments.

Accessory apartments, where permitted as conditional uses, shall meet the following conditions:

(1)

The principal structure (dwelling) must be owner-occupied.

(2)

The apartment, whether attached or detached, cannot exceed 50 percent of the gross floor area of the principal dwelling or contain more than two bedrooms.

(3)

The apartment must be a complete living space with kitchen and bathroom facilities separated from the principal unit.

(4)

An accessory apartment may be accessory only to a single-family dwelling, and not more than one apartment shall be allowed per dwelling or lot.

(5)

The apartment shall meet all yard setback requirements and, where detached from the principal dwelling, shall be set back not less than 20 feet from the principal dwelling.

(6)

Where detached from the principal residence and readily apparent from the street, the accessory apartment shall be compatible in appearance and orientation with the principal residence and the surrounding community.

(7)

A third off-street parking space shall be required.

(8)

Neither the primary residence nor the accessory apartment shall be a mobile home. The accessory apartment may be prefabricated but must meet all applicable building codes.

2-3.12. Conditional uses for home occupations.

Home occupations, as defined by this appendix, shall meet the following requirements where conditionally permitted by Table 1:

(1)

The home occupation shall be carried on wholly within the principal residence. Attached or detached garages, storage buildings, barns, workshops, and other auxiliary structures may be used only for the storage of parts and materials.

(2)

The floor area dedicated to such use shall not exceed 25 percent of the floor area of the principal residence.

(3)

No activity shall be conducted out of doors, nor shall there be any outdoor storage, display, or refuse area in the yard.

(4)

No merchandise or articles shall be displayed so as to be visible from outside the principle residence.

(5)

No person not residing in the principle residence shall be employed on the premises.

(6)

No traffic shall be generated in an amount above that normally expected in a residential neighborhood.

(7)

No parking is needed above what is required in residential off-street parking.

(8)

There is no alteration whatsoever of the residential character of the building(s) and/or premises.

(9)

No display, rental, or sale of wholesale or retail goods or other commodity other than those prepared on the premises shall be allowed on the premises.

(10)

The occupation shall not be used for receptions, parties, etc., in which the resident receives a fee or compensation.

(11)

The occupation, profession, or trade must be properly licensed by the town and generate no noise, glare, heat, vibration, smoke, dust, or odor perceptible to adjacent uses.

2-3.13. Conditional uses for family daycare homes.

A family day care home is a facility within a residence in which the operator (caregiver) resides, where child daycare is regularly provided for no more than six children who are unattended by their parent or legal guardian including those children living in the home and children who are related to the resident operator (caregiver).

If child day care is provided for only a child or children related to the resident caregiver and/or the child or children of only one unrelated family, then the facility is not a family daycare home and is not subject to these conditions.

(1)

Conditions for family day care homes.

a.

No caregiver other than one family member living in the home shall be employed.

b.

No more than six children, including the caregiver's own child(ren), shall be cared for in the home.

c.

Hours of operation shall be from sun-up to sun-down. No overnight childcare is permitted.

d.

The home must be licensed and inspected by the state department of social services (DSS) and must abide by all DSS regulations.

2-3.14. Conditional uses for manufacturing facilities.

The following performance standards shall be used to ensure that all conditionally permitted manufacturing uses shall produce no injurious or obnoxious conditions related to the operation of such uses sufficient to create a nuisance beyond the premises. The planning commission or the planning official, as applicable, may require additional restrictions based on proximity to schools, churches, residential areas, etc. Furthermore, the planning commission may require that an engineer certify that the proposed project will not violate the restrictions listed herein.

(1)

Vibration. No vibration shall be produced at any point beyond the lot line that is transmitted through the ground and is discernible without the aid of instruments; nor shall any vibration produced exceed the following velocity levels, measured with a vibration monitor in inches per second at the nearest:

a.

Residential property line: 0.02

b.

Non-residential property line: 0.10

(2)

Fire and explosives. All activities and all storage of flammable and explosive materials shall be equipped with adequate safety devices against the hazards of fire and explosion, including adequate firefighting and fire suppression equipment as prescribed in the applicable building codes.

(3)

Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility exceed at the lot line the values given in the nighttime and daytime schedules below in any octave band or frequency. Sound pressure level shall be measured with a sound level meter and an octave band analyzer that conforms to American National Standards Institute (ANSI) type 2 standards.

a.

Nighttime schedule. Maximum permissible sound pressure levels at the lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m.:

b.

Day time schedule. Maximum permissible sound pressure levels at the lot line for noise radiated from a facility between the hours of 7:00 a.m. and 9:00 p.m. shall not exceed the limits of the preceding table except as specified and corrected below:

Noises and vibration emanating from construction activities between 7:00 a.m. and 9:00 p.m. shall be exempt from these requirements.

(4)

Air pollution. The emission into the air of visible smoke, dust, dirt, fly ash, and particulate matter from any pipes, vents, or other openings, or from any other source, shall comply with the regulations of the South Carolina Department of Health and Environmental Control (SCDHEC) and the SCDHEC air operating permit. Air pollution emanating from construction activities shall be governed by the SCDHEC air construction permit.

(5)

Water pollution.

a.

All manufacturing facilities must comply with county, state, and federal requirements for stormwater pollution prevention plans.

b.

All manufacturing facilities must comply with county, state, and federal requirements for spill prevention, control, and countermeasure regulations for any substance with the potential to contaminate ground or surface water.

c.

All wastewater must be discharged into a SCDHEC-permitted wastewater treatment facility and meet all required pre-treatment standards.

(6)

Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at the property line. Any process which may involve the creation or emission of any such odor shall be provided with both a primary and a secondary safeguard system so that control may be maintained in the event of failure of the primary safeguard system.

(7)

Glare. There shall be no direct or sky-reflected glare, whether from floodlights, high-temperature processing, combustion, welding, or otherwise, so as to be visible in any residence.

(8)

Fumes and vapors. There shall be no emission of any fumes or vapors of a noxious, toxic, or corrosive nature that can cause damage or irritation to health, animals, vegetation, or to any form of property.

(9)

Heat, cold, dampness, or movement of air. Activities which could produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted.

(10)

Toxic matter. The measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any 24-hour sampling period. The release of any airborne toxic matter shall not exceed the quantities permitted for those toxic materials currently listed in Threshold Limit Values as published by SCDHEC. If a toxic substance is not contained in said listing, the applicant shall provide documentation to satisfy the planning official that the proposed levels will be safe to the general population.

(11)

Exterior illumination. All operations, activities, and uses shall be conducted so as to comply with the performance standards governing exterior illumination prescribed below.

In general, the pattern of light pooling from each light source shall be carefully considered to avoid throwing light onto adjacent properties. Light sources visible in residential or medical areas shall comply with light intensities indicated in column A below. Light sources visible in commercial or industrial areas shall comply with light intensities indicated in column B below.

Illumination shall be measured from any point outside the property. Measurements are to be conducted by Illuminating Engineering Society of North America (IESNA) standards.

(12)

Agreement to comply. The applicant of a permit for a manufacturing or processing plant that would produce any of the above "objectionable elements" shall acknowledge in writing his understanding of the performance standards applicable to the proposed use and shall submit with the permit application an agreement to conform with such standards at all times. Any violation of the agreement shall constitute a violation of this appendix and shall be treated accordingly.

2-3.15. Conditional use for bus and transit stops only.

Bus and transit stops shall be in locations that do not impede the flow of traffic.

2-3.16. Conditional uses and special exceptions for bars and other drinking places.

(a)

Conditional uses for bars and other drinking places in CG and CO zoning districts. Owing to their potential negative impact on the community, the following uses may be approved as conditional uses by the planning official: taverns, bars, nightclubs, or other drinking establishments as identified in NAICS 722410, except adult cabaret uses as defined and allowed as a special exception in sexually oriented businesses (NAICS 81299), subject to the following conditions:

(1)

The conditional use shall not be located closer than 300 feet from any of the business's public entrances to the nearest property line zoned for or used for residential purposes at time of application.

(2)

The conditional use complies with all applicable development standards including off-street parking and dimensional requirements.

(b)

Special exceptions for bars and other drinking places in CN zoning districts. Owing to their potential negative impact on the community, the following uses may be approved in CN zoning districts as special exceptions by the board of zoning appeals: taverns, bars, nightclubs, or other drinking establishments as identified in NAICS 722410, subject to the following conditions:

(1)

The use shall not be located closer than 300 feet from any of the business's public entrances to the nearest property line zoned for or used for residential purposes at time of application.

(2)

The use complies with all applicable development standards including off-street parking and dimensional requirements.

(3)

The special exception will be in harmony with the area in which it is to be located.

(4)

In granting a special exception, the board of zoning appeals may impose such reasonable and additional stipulations, conditions, or safeguards as, in its judgment, will enhance the siting of the proposed special exception.

2-3.17. General rules for special exceptions.

The board of zoning appeals shall rule on and approve special exceptions to uses as required by Table 1 of this appendix. In addition to defined conditions, as noted above in regulations for conditional uses and special exceptions applicable to the proposed use as a special exception, the board of zoning appeals shall approve an application for special exception only upon a finding that the following criteria are met:

(1)

The proposed special exception will not have a substantial adverse impact on vehicular traffic or vehicular and pedestrian safety, and adequate provisions are made in the proposed exception for parking and for loading and unloading.

(2)

The proposed special exception will not have a substantial adverse impact on adjoining properties in terms of environmental factors such as noise, lights, glare, vibration, fumes, odors, obstruction of air or light, and litter.

(3)

The proposed special exception will not have a substantial adverse impact on the aesthetic character of the area, to include a review of the orientation and spacing of buildings.

(4)

The proposed special exception will not have a substantial adverse impact on public safety or create nuisance conditions detrimental to the public interest or conditions likely to result in increased law enforcement response.

(5)

The establishment of the proposed special exception does not create a concentration or proliferation of the same or similar types of special exception use, which concentration may be detrimental to the development or redevelopment of the area in which the special exception use is proposed to be developed.

(6)

The proposed special exception is consistent with the character and intent of the underlying district as indicated in the zoning district description.

(7)

The proposed special exception is appropriate for its location and compatible with the permitted uses adjacent to and in the vicinity of the property.

(8)

The proposed special exception will not adversely affect the public interest.

2-3.18. Special exception for wireless communication (cell) towers and permit requirements for co-location of antenna on existing towers.

(a)

Approval for the installation of wireless communications towers shall be made by special exception by the board of zoning appeals. Where permitted as a special exception by Table 1, communication towers shall adhere to the following regulations:

(1)

All new towers shall be mounted on mono poles, without need for guy wires, and designed to accommodate additional antennas equal in number to the applicant's present and future requirements.

(2)

All applicable safety code requirements shall be met, including requirements for lighting, except that strobe lights shall not be installed for night usage.

(3)

Towers or antennas shall not be painted or illuminated unless otherwise required by state or federal regulations. However, if painted, they shall be done so in muted colors.

(4)

No tower or antenna shall be located within 1,000 feet of an existing tower or antenna, except where the applicant certifies that the existing tower does not meet the applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained, or that the applicant can demonstrate a closer location is required to provide adequate coverage.

(5)

Tower or antenna height shall be governed by the exemptions to height limitations section of this appendix.

(6)

Permit requirements for the erection or placement of a tower or antenna shall be accompanied by the following:

a.

Processing fee as set by town council and reflected in the master fee schedule.

b.

One copy of typical specifications for proposed structures and antennas, including description of design characteristics and material.

c.

A site plan drawn to scale showing: property boundaries, tower location, tower height, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing uses on adjacent property [site plan not required if antenna is to be mounted on an approved existing structure].

d.

A current map or update of an existing map on file, showing locations of applicant's antennas and other facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the city.

e.

A report from a structural engineer registered in the state showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards.

f.

Identification of the owners of all antennas and equipment to be located on the site.

g.

Written authorization from the site owner for the application.

h.

Evidence that a valid FCC license for the proposed activity has been issued.

i.

A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.

j.

A written agreement to remove the tower and/or antenna within 180 days after cessation of use. The agreement must include a closure plan and financial guarantees acceptable to the town ensuring removal within said time frame.

k.

A certificate from a state registered engineer showing that the proposed facility will contain only equipment meeting FCC rules, together with a written indemnification of the town and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the town, in form approved by the town attorney.

(b)

Permit requirements for co-location. Co-location of antenna on existing towers do not require a special exception. Permit application for the co-location of an antenna on an existing tower shall be accompanied by the following:

(1)

Processing fee as set by town council and reflected in the master fee schedule.

(2)

One copy of typical specifications for proposed antennas, including description of design characteristics and material.

(3)

A current map or update of an existing map on file, showing locations of applicant's antennas and other facilities, existing towers, and proposed towers which are reflected in public records serving any property.

(4)

Identification of the owners of all antennas and equipment to be located on the site.

(5)

Written authorization from the site owner for the application.

(6)

Evidence that a valid FCC license for the proposed activity has been issued.

(7)

A written agreement to remove the antenna within 180 days after cessation of use.

(8)

Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file a written indemnification of the town government and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the town, in form approved by the town attorney.

(9)

Applicant will supply additional information to determine if other zoning requirements are satisfied.

2-3.19. Special exception for sexually oriented businesses.

(a)

Definitions for sexually oriented businesses. For purposes of this appendix, sexually oriented business operations shall mean and include the following:

(1)

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically, or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

(2)

Adult bookstore or adult video store means a commercial establishment, which, as one of its principal business purposes, offers for sale or rental for consideration any form of any one or more of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, digital video discs, or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

b.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as: one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

(3)

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

a.

Persons who appear in a state of nudity; or

b.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

c.

Films, motion pictures, videocassettes, digital video discs, slides, or other photographic reproductions, which are characterized by the description of "specified sexual activities" or "specified anatomical areas."

(4)

Adult motel means a hotel, motel, or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; or

b.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

(5)

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, digital video discs, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(6)

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

(7)

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

(b)

Definitions of specified anatomical areas and specified sexual activities.

(1)

Specified anatomical areas means the male or female genitals including the vulva or more intimate parts of the female genitals, or bare human buttocks, anus, or the areola or nipple of the female breast.

(2)

Specified sexual activities means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast.

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.

c.

Masturbation, actual or simulated.

d.

Excretory functions as a part of or in conjunction with any of the activities set forth in a. through d. above.

(c)

Location of sexually oriented businesses. Owing to potentially objectionable operational characteristics of sexually oriented or adult uses, and the deleterious effect of such uses on existing businesses and/or residential areas around them, the location of such uses where permitted by Table 1, shall be tempered by the supplemental siting criteria of this section.

Sexually oriented businesses shall not be located within 2,000 feet (measured in a straight line) from any of the following uses located in any county or municipality:

(1)

A residence or a residential zone;

(2)

A church or religious institution;

(3)

Public or private schools and educational facilities;

(4)

Public parks and recreational facilities;

(5)

Any other adult or sexually oriented business. In addition, no more than one sexually oriented business shall be allowed in the same building.

(d)

Operation requirements. It shall be a violation of this appendix for a person to operate a sexually oriented business without having first received a permit as required by this appendix.

(e)

Inspection.

(1)

The operator of a sexually oriented business shall permit representatives of the town planning official and police departments; Lexington or Richland County sheriff's, health, or fire departments; or other governmental departments or agencies involved in code enforcement to inspect the premises from time to time for the purpose of ensuring compliance with the law.

(2)

The operator commits a misdemeanor if he refuses to permit such lawful inspection of the premises.

(f)

Revocation. The planning official may revoke the use permit and declare the operator in violation of the requirements of this appendix if he determines that:

(1)

The operator has knowingly allowed possession, use, or sale of controlled substances on the premises.

(2)

The operator has knowingly allowed prostitution on the premises.

(3)

The operator has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the permitted premises.

2-3.20. Special exceptions for wrecking, scrap, and salvage operations (NAICS 423930 Recyclable Material Merchant Wholesalers).

The location of these uses, where permitted by special exception per Table 1, shall be regulated by the following:

(1)

No such use shall be located closer than 500 feet to any residential use, church, school, historical place, or public park.

(2)

No material that is discarded and incapable of being reused in some form shall be placed in open storage. All discarded waste material shall be properly recycled or disposed.

(3)

No material shall be placed in open storage in such a manner that it is capable of being transferred out by wind, water, or other causes.

(4)

All paper, rags, cloth, other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

(5)

All materials and activities not within fully enclosed buildings shall be enclosed by an opaque fence, wall, or vegetative material at least eight feet in height, excluding points of ingress or egress.

2-3.21. Special exceptions for mini-warehouses and self-storage units.

The location of these uses, where permitted by special exception per Table 1, shall be regulated by the following:

(1)

Mini-warehousing sites shall not exceed four acres.

(2)

Lot coverage of all structures shall be limited to 50 percent of the total area.

(3)

Vehicular ingress-egress shall be limited to one point for each side of property abutting any street lot line.

(4)

No business or residential activities other than use as storage units shall be conducted within or from the units.

(5)

The storage space or gross floor area of a single unit shall not exceed 300 square feet.

(6)

Four parking spaces shall be provided in the vicinity of the leasing office to include on handicapped accessible space. Drive aisles adjacent to all exterior storage unit doors shall be a minimum of 27 feet wide.

(7)

The zoning board of appeals shall approve all buffer landscaping on the exterior lot lines of any such proposed facilities.

(8)

The zoning board of appeals shall approve all exterior building materials for any and all structures located within such proposed facilities.

2-3.22. Special exceptions for car wash facilities.

A.

The zoning board of appeals shall approve all buffer landscaping on the exterior lot lines of any such proposed facilities.

B.

The zoning board of appeals shall approve all exterior building materials, colors, and appearance for any and all structures located within such proposed facilities.

C.

The zoning board of appeals is to pay special attention to the "general rules for special exceptions," as outlined in this ordinance, as regards subsection E, the "concentration or proliferation" clause.

D.

Such approvals are only required for separate car wash facilities. Car washes as an accessory use to a gas station are permitted by right.

2-3.23 Special exceptions for cigarette and cigar stores and vape shops.

A.

A tobacco/vape smoke shop is defined as a business where the main function is the retail sale of tobacco products and paraphernalia. Establishments which allow the onsite use of cigars and cigarettes, such as a cigar bar or smoker's lounge, are also classified under this category.

1.

This includes tobacco products, leaf, flake and e-cigarette or any product containing nicotine or tetrahydrocannabinol derived from tobacco or hemp plant whether smoked chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested. However, this definition excludes retail businesses such as grocery or convenience stores or pharmacies.

2.

Tobacco paraphernalia includes any equipment, device or instrument intended to facilitate smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing or ingesting tobacco or tobacco products. This includes but is not limited to pipes, bongs, water bongs, electric operas, e-cigarettes or hookahs.

B.

A tobacco/vape smoke shop may be permitted in the CG and LM zones by special exception as approved by the board of zoning appeals.

C.

Such stores shall not be located within 1,000 feet of public or private schools, daycares, healthcare facilities, religious buildings (churches), government offices or public parks.

D.

Per zoning ordinance section 5-4, prohibited signs, "signs which display intermittent or flashing lights or lights of varying degrees of intensity or moving parts, except barber's poles and signs erected by a public agency" are prohibited. This includes the LED, neon, and incandescent lights often found at tobacco and vape shops, and are prohibited at any business in town, including those governed by this section.

(Ord. No. 22-26, 8-16-2022; Ord. No. 23-02, 2-21-2023; Ord. No. 23-01, 3-21-2023; Ord. No. 23-14, 7-18-2023; Ord. No. 23-15, 7-18-2023; Ord. No. 23-25, 12-5-2023; Ord. No. 24-05, 3-19-2024; Ord. No. 25-03, 4-15-2025)

The planning official is authorized to issue a permit for temporary uses as specified herein. No temporary use may be established without receiving such permit.

Except as otherwise specified, temporary use permits may be renewed no more than twice within one calendar year, separated at not less than 60-day intervals, provided that said use will not create traffic congestion or constitute a nuisance to surrounding uses. Any temporary use that is determined to be creating a nuisance or disruption may have its temporary permit revoked by the planning official. The following temporary use, and no others, may be permitted by the planning official, subject to the conditions herein.

(1)

Tents or other temporary structures for the conduct of any permitted use in the nonresidential zoning districts for a period not to exceed 60 days.

(2)

Open lot sales of live plants and plant accessories, produce, and Christmas trees in the CN, CG, LM, and FA districts for a period not to exceed 45 days.

(3)

Contractor's office and equipment shed, in any district, for a period covering the construction phase of a project, not to exceed one year unless re-permitted; provided that such office be placed on the property to which it is appurtenant and all required permits for the project have been obtained.

(4)

Portable classrooms in any district for cultural or community facilities, educational facilities, or religious complexes, for an indefinite period, provided all required setbacks for the district in which the structures are to be located shall be observed and maintained.

(5)

Temporary office trailers in any commercial or industrial district where the principal building is being expanded, rebuilt, or remodeled for the conduct of an existing business while the principal building is under construction.

(6)

Portable free-standing fireworks stands and dispensaries not to exceed 14 days before a major holiday, i.e. New Year's, Fourth of July. Firework stands and dispensaries shall have up to 48 hours to remove stands and dispensaries after each holiday/event. Such establishments shall:

a.

Provide a signed, dated permission letter with the property owner's phone or lease. (The letter or lease must specify the date(s) of use and locations(s) and include contact number and email address. The letter/lease can provide permission for a calendar year or multiple years. A letter from a business must be on the business letterhead with the signee's name and title.);

b.

Obtain zoning and sign permit (limited to two advertisement banners or signs no larger than 24 square feet either affixed to stand or freestanding on-premises. Post two "NO SMOKING OR LIGHTING FIREWORKS" signs on stand);

c.

Obtain and maintain a valid town business license;

d.

Obtain inspection and approval from the fire marshal;

e.

Provide a certificate of liability insurance: $1,000,000.00 minimum per occurrence (commercial general liability insurance covering bodily injury or accidental death and property damage); and

f.

Firework stand operators must obtain and carry at all times a license from the state department of labor, licensing, and regulation (LLR) board of pyrotechnic safety.

g.

Section 22-105, use of fireworks, shall be visibly posted on firework stands/dispensaries no smaller than 11 inches by 17 inches and 28 inches font or provided to each customer with purchase.

(7)

Special events.

a.

A special event (SE) is defined as any event held within the town that is opened to the public and that could impact a town right-of-way or could affect public safety. The event must be approved by the town administrator and the permit fees are separate from any applicable rental fees obtained for the use of town facilities. The application may be subject to approval by the town police department, the town fire district, and the state department of public safety. Potential events include but are not limited to:

1.

Carnivals.

2.

Concerts.

3.

Displays.

4.

Fairs.

5.

Festivals.

6.

Grand openings.

7.

Markets.

8.

Parades.

9.

Tent sales.

10.

Family reunions.

b.

These provisions are not applicable for festivals, fairs, carnivals, circuses, concerts, and other events conducted within stadiums, arenas, and other facilities specially designed to accommodate such activities and venues. The special event shall not exceed two consecutive days and shall operate no later than 11:00 p.m. A detailed, labeled site plan must be submitted with the application. It must include an approximate scale rendering of the location of tents, rides, tables, seating, food trucks/trailers, etc., being set up or brought in for the SE. A vendor list of what will be sold must be submitted and pre-approved by the planning official. The following regulations shall also apply to special events:

1.

Tents. Can be no larger than 10x10 and must be freestanding. Larger tents and/or those needing to be tied down will be subject to current temporary building code and town fire district regulations.

2.

Bounce houses and carnival rides. Must be set up and run by certified personnel holding the appropriate liability insurance.

3.

Parking. Food trucks and/or trailers cannot use more than three parking spaces each while set up.

4.

Food trucks and trailers. Food trucks at special events shall comply with the conditional uses for mobile food services (vendors, food trucks) regulations of this appendix. Only three food trucks and/or trailers will be allowed at each SE and must be invited by the event host and included on the event permit. There is a separate permit fee, as set by town council and reflected in the master fee schedule, charged to each food truck and/or trailer.

5.

Alcohol sales. Will require copies of the appropriate state permits and proof of insurance.

6.

Barricades. Can be requested through public services at (803) 781-7050.

7.

Applicable town fire district fire and safety regulations are available at (803) 798-4979.

(8)

Portable storage facilities, except as otherwise permitted by the planning official, shall be permitted in any district not to exceed 30 days; provided not more than one such facility shall be allowed at one time and said facility shall not be located in any required setback area or the public right-of-way. Applicable sign regulations notwithstanding, leasing information may be displayed on the storage facilities. Refer to the regulations on shipping containers of this appendix.

(9)

Temporary outdoor displays of merchandise not customarily used outdoors may be permitted from time to time as a temporary use for a period not to exceed 14 days duration at intervals of not less than 90 days.

(10)

Reserved.

(11)

Real estate sales office in any district for a period not to exceed 12-month increments, providing no cooking or sleeping accommodations are maintained in the structure. A temporary use permit for a real estate sales office may be renewed, providing that the project is still under development.

(12)

Yard sales, garage sales, attic sales, tag sales, or similar types of sales.

a.

Residential uses. Limited to two per year at any given location, in all zoning districts except LM. Such sales shall be limited to not more than two consecutive days per event. All items to be sold shall be owned, utilized, and maintained by persons living on or in connection with the premises which they occupy, and shall not have been acquired or consigned for the purposes of resale. Directional signs shall not be erected more than 24 hours prior to the advertised event and shall be removed within 24 hours after the event has terminated.

b.

Civic and non-profit institutions. Institutional uses including educational, religious, recreational, civic, municipal, and other institutional uses may hold up to six fund-raising yard sales, garage sales, attic sales, tag sales, or similar types of sales per year. Such events must be conducted on the premise or property owned or permanently leased by the institutional organization. Such sales shall be limited to not more than two consecutive days per event. All items to be sold must be contributed to the institutional organization and shall not have been acquired or consigned for the purpose of resale. Directional signs shall not be erected more than 24 hours prior to the advertised event and shall be removed within 24 hours after the event has terminated.

(Ord. No. 22-09, 5-17-2022; Ord. No. 22-29, 8-16-2022; Ord. No. 23-14, 7-18-2023)