James Island City Zoning Code
USE CONDITIONS
§ 153.120 USE CONDITIONS; CONDITIONAL AND SPECIAL EXCEPTION USES.
The following use conditions shall apply to principal uses in any zoning district where these uses are allowed as conditional uses or special exceptions as shown in Table 153.110.
(Ord. 2012-06, § 6.4 introduction, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.121 ANIMAL PRODUCTION AND AGRICULTURAL PROCESSING.
Animal production and agricultural processing uses shall be subject to the following standards.
(A) In order to be permitted by right, such uses must be located on a lot with a minimum area of five acres. On lots with an area of under five acres, such uses are allowed only if reviewed and approved in accordance with the special exception procedures of this chapter.
(B) The use shall be set back at least 100 feet from road rights-of-way and property lines bordering undeveloped parcels. A minimum 200-foot setback shall be required from property lines abutting developed parcels.
(C) A minimum 50-foot buffer shall be maintained and planted within the setback area along all interior property lines.
(D) Any outdoor lighting shall be oriented and arranged to minimize spillover lighting and glare on surrounding roads and properties.
(Ord. 2012-06, § 6.4.1, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.122 ATTACHED SINGLE-FAMILY DWELLINGS.
Attached single-family dwellings shall be subject to the following standards.
(A) Number of attached units in a single structure. In RSL and more restrictive districts, no single structure may contain more than one attached single-family dwelling. In all other districts, no single structure may contain more than eight attached single- family dwellings.
(B) Lot area. The minimum lot area for attached dwellings shall comply with the minimum lot area standards of the underlying zoning district. Where a common area is provided, minimum lot area requirements may be calculated as an average lot area by counting a proportionate amount of the common area in calculating the area of each lot.
(C) Accessory structures. All accessory structures shall be located on the property of the attached single-family dwelling and for the private use of the property occupant(s). A minimum interior setback of three feet is required between an accessory structure and the interior lot lines, provided that an accessory structure may be located on one of the zero lot lines when constructed of a material finish matching the dwelling unit exterior or is the same height and materially a part of a fence or wall.
(D) Design standards.
(1) The front facade of an attached single- family dwelling may not include more than 40% garage wall area.
(2) The roof of each attached single-family dwelling must be distinct from the other through either separation of roof pitches or direction, or other variation in roof design.
(3) At least 10% of the area of each facade that faces a street must be comprised of windows.
(E) Other requirements. Prior to development or redevelopment of attached housing on parcels in these districts, an applicant must complete site plan review and meet all standards of this chapter. Single- family detached residences are exempt from this requirement.
(Ord. 2012-06, § 6.4.2, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.123 HAIR, NAIL, OR SKIN CARE SERVICES.
Hair, nail, or skin care services shall be subject to the following standards.
(A) Hair, nail, or skin care services shall be limited to a maximum of one chair in those districts in which they are allowed as a use subject to conditions, otherwise this use shall fall under the special exception (S) provisions of this chapter. There shall be no limit on the number of chairs in those zoning districts in which they are a use allowed by right (A).
(B) Where hair, nail, and skin care services are allowed as a use with conditions (C), this use shall have a maximum floor area of 5,000 square feet, otherwise this use shall fall under the special exception provisions of this chapter.
(C) Barber shops, beauty salons, and nail salons are allowed as a home occupation in all residential and agricultural districts with a maximum of one chair.
(Ord. 2012-06, § 6.4.3, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.124 BED AND BREAKFASTS/SHORT-TERM RENTALS.
Bed and breakfasts/short-term rentals shall be subject to the following standards.
(A) In residential zoning districts there shall be no visible evidence of the conduct of a bed and breakfast/short-term rental when viewed from the street right-of-way or from an adjacent lot and signs are expressly prohibited.
(B) Bed and breakfasts/short-term rentals shall contain no more than three guest rooms.
(C) There shall be no cooking or kitchen uses in the bed and breakfast/short-term rental space, distinct from the principal dwelling, in residential zoning districts.
(D) Parking areas for bed and breakfast/short-term rental uses located in agricultural or residential zoning districts shall be screened from view of residential zoning districts and public rights-of-way by evergreen plant material that will provide opaque screening at the time of plant maturity. In addition to vehicles registered at the dwelling address, only one car per guest room is allowed and must be capable of being completely parked within and upon the premises.
(E) Owner of bed and breakfast/short- term rental shall be a full-time resident of the dwelling and shall reside in the dwelling in residential zoning districts. Proof of full-time residency must be provided at the time of application with owner-occupied legal residence tax bill, driver’s license, voter registration, vehicle registration, and any other documentation requested by the Zoning Administrator and listed on the application. There shall be an owner or innkeeper/manager residing on the premises in non-residential zoning districts.
(F) Advertisements and listings for bed and breakfast/short-term rentals must include an approved permit number. Advertisements that do not list a permit number are considered a violation of this section.
(Ord. 2012-06, § 6.4.4, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2019-01, passed 5-16-2019; Ord. 2023-04, passed 5-18-2023)
§ 153.125 COMMUNICATION TOWERS.
(A) Purpose and legislative intent. The Federal Telecommunications Act of 1996 affirmed the town’s authority concerning the placement, construction, and modification of wireless telecommunications facilities. The regulations of this section are designed to site communications towers in the town. It is the intent of these regulations to allow for the harmonious coexistence of communications towers and other land uses. It is also the intent of these regulations to reduce the overall negative impact of communications towers by:
(1) Reducing the number of towers needed through a policy of encouraging co-location; and
(2) If co-location is not feasible, encouraging the following:
(a) The use of stealth tower design, as defined in division (C)(1) below;
(b) The clustering of towers (“tower farms”);
(c) The placement of towers away from roadways;
(d) The provision of effective screening; and
(e) The location of communications equipment on existing structures or within existing utility substations or uses.
(B) Co-location exemption. Proposed communications equipment co-locating on existing towers and structures without adding to their height shall require only a zoning permit and shall not be subject to the requirements of this section.
(C) Stealth tower provision.
(1) For the purposes of this section, the term STEALTH TOWER shall mean a communications tower designed to unobtrusively blend into its existing surrounding so as not to have the appearance of a communications tower. Examples of STEALTH TOWERS include, but are not limited to, antenna tower alternative structures, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing or proposed trees and landscaping, and antenna structures designed to look like light poles.
(2) All proposed stealth tower designs must be approved by the Zoning Administrator.
(3) A complete zoning permit application for a stealth tower that meets all requirements of this chapter shall be approved.
(D) Tower abandonment. A tower that is not used for communication purposes for more than 120 days (with no new application on file for any communication user) is presumed to be out of service and the owner of such tower must notify the staff and remove the tower within 50 days. Towers which are not maintained by the owner according to the Building Code shall be removed by the owner within 60 days. To ensure the removal of towers which do not meet requirements for continued use or proper maintenance, a statement of financial responsibility shall be submitted for each tower over 100 feet and a performance bond for the amount of anticipated removal costs shall be posted for each tower over 150 feet. Removal costs shall be charged to the tower owner. The bond must be renewed as necessary to ensure that it is maintained at all times during the existence of the tower.
(E) Pre-application meeting. Prior to submitting a formal application for a zoning permit for communications tower the applicant is required to attend one or more pre-application meetings. The purpose of the pre-application meeting is to address key issues which will help to expedite the review and permitting process. The Zoning Administrator may conduct a site visit at the pre-application meeting.
(F) Zoning permit submittal requirements. Prior to zoning permit approval, all applications for communications towers shall complete the site plan review process as provided in §§ 153.040 through 153.055 of this code. In addition to any site plan review requirements, the application must contain the following items:
(1) A site plan, drawn to engineer’s scale, showing the location of the tower guy anchors (if any), existing or proposed buildings and structures or improvements, including parking, driveways, or access roads, fences, and protected and grand trees affected by the proposed construction. If there are no grand trees affected, a surveyor’s statement on the site plan must be shown. Adjacent land uses shall also be noted on the site plan, with precise measurements noted between the proposed tower and any residential structures on surrounding properties.
(2) The site plan must show a vegetated buffer, either existing or installed, that provides an effective screen from public rights-of-way and adjacent property owners. If a buffer is to be installed, its placement on the site will vary in order to provide the most effective screening from public view. Required materials will be based on installation of a 25-foot buffer around the fenced area.
(3) The height and typical design of the tower, typical materials to be used, color, and lighting shall be shown on elevation drawings. The applicant shall submit documentation justifying the total height of any communications towers, facility and/or antenna and the basis therefor. Additionally, color and material samples shall be provided.
(4) The tower must be located no closer to a residential structure than a distance equal to one and one-half feet for each one foot in height of the proposed tower plus 50 feet as measured from the center of the proposed tower. At a minimum, there must be a 150-foot distance between the proposed tower and a residential structure.
(5) A six-foot non-climbable fence must be placed around the tower (except for those designed in a manner compatible with division (A)(2) above, Stealth exemption) and any associated building. Guy wires may be fenced separately.
(6) The proposed tower shall only be illuminated as required by the Federal Communications Commission or Federal Aviation Administration. Nighttime strobe lighting shall not be incorporated unless required by the Federal Communications Commission or Federal Aviation Administration. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting that shall be as unobtrusive and inoffensive as permissible under state and federal regulations, and an artist’s rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the parcel on which the communications towers are located.
(7) Communications towers shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures, or antenna towers, unless required by law.
(8) 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 by the state in a letter which includes the engineer’s signature and seal.
(9) Proposed towers may not be located within 1,000 feet of the center of an existing tower unless the applicant certifies that the existing tower does not meet the applicant’s structural specifications and the applicant’s technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate. In the event of the above situation, the clustering of new towers on the same parcel near existing towers is permitted.
(10) A copy of the tower’s search ring.
(11) The applicant shall supply the FAA study number for the proposed tower.
(12) For the purposes of co-location review and review of efforts at siting a tower on the same lot near an existing tower, the applicant shall submit satisfactory written evidence such as correspondence, agreements, contracts, and the like, that alternative towers, buildings, or other structures are not available or suitable for use within the applicant’s tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant’s necessary height criteria, providing a location free of interference from other communication towers, or available at the prevailing market rate (as determined by staff communication with persons doing business within the industry). Additionally, the applicant shall build the proposed tower in such a manner as may allow other telecommunication users to co-locate.
(13) The tower shall be designed with excess capacity for future needs.
(14) A statement of financial responsibility shall be submitted for each tower over 100 feet and a performance bond for the amount of anticipated removal costs shall be posted for each tower over 150 feet. The bond must be renewed as necessary to ensure that it is maintained at all times during the existence of the tower.
(15) The applicant shall furnish a visual impact assessment which shall include:
(a) A “zone visibility map” which shall be provided in order to determine locations where the tower may be seen.
(b) Pictorial representations of “before and after” view from key viewpoints both inside and outside the county, including but not limited to major highways and roads; state and local parks; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers, or residents.
(c) An assessment of the visual impact of the tower base, guy wires, and accessory buildings from abutting and adjacent properties and streets.
(G) Retention of expert assistance and reimbursement by applicant.
(1) The town may hire any consultant and/or expert necessary to assist the town in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any requests for recertification.
(2) For towers proposed to be 100 feet or higher, the applicant shall deposit with the town funds sufficient to reimburse the town for all reasonable costs of the consultant and expert evaluation and consultation to the town in connection with the review of any application including the construction and modification of the site, once permitted. The initial deposit shall be $5,000. The application will not be processed until receipt of this initial deposit. The town will maintain a separate account for all such funds. The town’s consultants/experts shall invoice the county for all its services in reviewing the application, including the construction and modification the site, once permitted. If at any time during the process this account has a balance less than $1,000, the applicant shall immediately, upon notification by the town, replenish said account so that it has a balance of at least $5,000. Such additional account funds shall be deposited with the town before any further action or consideration is taken on the application. In the event that the amount held in the account by the town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. The applicant shall not be entitled to receive any interest earnings on unused funds.
(3) The total amount of the funds needed as set forth in division (G)(2) above may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis, and inspection of any construction or modification.
(4) Additional fees may be required if additional hearings before the Board of Zoning Appeals are caused by or requested by the applicant.
(H) Surrounding property owner notification.
(1) In order to better inform the public, in the case of a new communications tower, the applicant shall hold a “balloon test” as follows: the applicant shall arrange to fly, or raise upon a temporary mast, a minimum of three foot diameter brightly colored balloon at the maximum height of the proposed new tower. The dates (including a second date, in case of poor visibility on the initial date) shall be provided to the Zoning Administrator ten days after receipt of the complete application notice. The dates shall be set a minimum of 15 days prior to the Zoning Administrator making a final decision on the zoning permit. The balloons shall be flown for ten consecutive hours between 8:00 a.m. and 6:00 p.m.
(2) Once the application is deemed complete by the Zoning Administrator for a communications tower zoning permit, the Planning/Zoning Department shall provide parties in interest, neighbor, posted and newspaper notice in accordance with the requirements of § 153.040(G) of this code. The public notice shall include the dates of the balloon tests as provided by the applicant and the date the Zoning Administrator must make a final decision on the zoning permit.
(I) Time limit for staff review. Upon receipt of an application deemed complete by the Zoning Administrator for a communications tower zoning permit, the Zoning Administrator shall have a maximum of 45 days to act on the application. The 45 days begins from the date the applicant is sent written notice of a complete application from the Zoning Administrator. Failure to act on the application within 45 days will result in the applicant being granted a zoning permit.
(J) Zoning permit approval criteria.
(1) A complete zoning permit application for a stealth tower that meets all requirements of this chapter shall be approved.
(2) Upon review of a complete application, no zoning permit shall be issued for a communications tower until the Zoning Administrator determines that the proposed tower complies with the following criteria and standards:
(a) That the location and height of the proposed tower will not substantially impact the character of property listed in or eligible for the National Register of Historic Places, other significant environmental, cultural, or historical sites, officially designated scenic roads, or rivers, and that the tower is designed to blend into the environment and minimize visual impact;
(b) If a completely new tower is necessary, the applicant must provide written proof of attempts at co-location and siting a tower on the same lot near an existing tower were proven not feasible or practical;
(c) That the applicant has pursued any available publicly owned sites and privately owned sites occupied by a compatible use, and if not utilized, that these sites are unsuitable for operation of the facility under applicable communications regulations and the applicant’s technical design requirements; and
(d) Staff shall review and approve the color and materials to be used for the proposed tower.
(3) If the Zoning Administrator finds a proposed communications tower will have a substantially negative impact on a surrounding area or adjoining property, the use shall fall under the special exception (S) provisions of this chapter. In determining whether the use shall fall under the special exception (S) provisions, the Zoning Administrator may consider one or more of the following items:
(a) The proposed use will be detrimental to adjacent land uses including historical sites;
(b) The proposed use will have a negative aesthetic visual impact;
(c) The proposed use will have an adverse effect on the environment (not including radio frequency emissions); and/or
(d) The proposed use is contrary to the public health, safety, or welfare.
(Ord. 2012-06, § 6.4.5, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.126 DRIVE-IN THEATERS.
Drive-in theaters shall be subject to the following standards.
(A) A use for this purpose shall have a setback 200 feet from any agricultural, residential, or office zoning district. Adult drive-in theaters are subject to § 153.138 of this code.
(B) Such use shall be located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas.
(C) The principal vehicular access for such use shall be on a major thoroughfare or collector street having a right-of-way at least 60 feet wide.
(D) Vehicular entrances and exits shall be provided separately and not less than 100 feet apart.
(E) Between the street entrance and the ticket gate there shall be an area for vehicles waiting to pass the gate. Said area shall have such capacity as will make it ordinarily unnecessary for entering vehicles to wait in the street.
(Ord. 2012-06, § 6.4.6, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.127 DWELLING GROUPS.
(A) General. The Zoning Administrator shall be authorized to make recommendations to the Planning Commission who has the authority to allow the use of dwelling groups for two or more residential structures on the same zoning lot when it is deemed necessary to facilitate random grouping of buildings to preserve trees and other natural features, mitigate development constraints due to irregular shaped parcels or for the conversion of condominium buildings to fee simple ownership. Dwelling groups are required to complete the site plan review process and the subdivision process for fee simple ownership as provided by S.C. Code § 6-29-110.
(B) Density, intensity, and dimensional standards. Density, intensity, and dimensional standards of the underlying zoning district shall apply including all waterfront development standards of § 153.079. In each case, the distance between structures shall not be less than the sum of the minimum interior setbacks required for the zoning district. This distance shall be measured from the closest protrusion of each structure. A minimum 40 foot by 40 foot building envelope (1,600 square feet) and a maximum of a 100 foot by 100 foot building envelope (10,000 square feet) shall be shown for each dwelling to indicate the area where each dwelling is to be constructed.
(1) Access; services. The provisions for access, parking, utilities, sewer, and water can be provided by a public entity or located on common area owned by the property owners.
(2) Setbacks and buffers. Setback and buffer requirements within building envelopes shall not apply to dwelling groups.
(C) Site plan review. Dwelling groups are required to complete the site plan review process. In addition to any other applicable provisions of this chapter, the following information shall be shown on all site plans.
(1) Layout. Each dwelling unit shall face (front) a street, courtyard, or outdoor living space.
(2) Building envelope. Building envelopes shall be depicted on site plans indicating the location of the proposed or existing building footprint or building area as a dashed line.
(3) Accessory structures. Proposed accessory structures must be shown on the site plans and meet the accessory structure requirements of this chapter.
(4) Parking and vehicular access. If the required parking is not within the building to be constructed, there shall be shared or offsite parking that meets the required parking needs within the common area. Each dwelling group shall provide an access consistent with the road construction standards in Appendix A of Ordinance 2012-06, as amended.
(D) Subdivision. Individual lots for attached or detached buildings may be located on their own fee-simple lot provided the subdivision meets the following requirements:
(1) Site plan review. Completion of site plan review as described in division (C) above is required prior to submitting for subdivision of a dwelling group.
(3) Building envelopes. Building envelopes shall be depicted on subdivision plats indicating the location of the proposed or existing building footprint or building area as a solid line.
(4) Common area. A mandatory property owners association shall own the common areas and documentation shall be included on all plats and recorded deed insuring access, parking, utilities, and maintenance.
(5) Subdivisions. Subdivisions shall be in compliance with the Horizontal Property Act, S.C. Code §§ 27-31-130 et seq.
(E) Other zoning requirements. Unless specifically modified by this section, dwelling groups shall comply with all other requirements of this chapter for the district in which located.
(Ord. 2012-06, § 6.4.7, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.128 LIMITED RETIREMENT HOUSING.
Small site retirement housing shall be subject to the following standards.
(A) Such use shall be allowed only if reviewed and approved as a special exception in accordance with the procedures of this chapter.
(B) Only existing single-family dwelling units may be used for such facilities.
(C) No more than ten residents shall be allowed within such facility.
(D) Medical services shall not be permitted on the premises.
(E) Small site retirement housing will not include programs or treatment for individuals suffering from mental illness, drug addiction, or alcoholism.
(F) Facilities shall comply with all applicable state regulations.
(Ord. 2012-06, § 6.4.8, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.129 FARM LABOR HOUSING.
Farm labor housing shall be subject to the following standards.
(A) Such use shall be set back 100 feet from road rights-of-way and property lines bordering undeveloped parcels. A minimum 200-foot setback shall be required from property lines abutting developed parcels.
(B) A minimum 50-foot buffer shall be maintained and planted within the setback area along all interior lot lines.
(C) For farm labor housing that is not dormitory style, the minimum lot area for such use as a use permitted by right shall be five acres. Such use shall be allowed as a special exception on parcels under five acres in area.
(D) Farm labor housing shall be used on a seasonal basis only, not as year-round housing.
(Ord. 2012-06, § 6.4.9, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.130 NATURE EXHIBITIONS.
(A) Where nature exhibitions are of public ownership or listed in the National Registry of Natural Landmarks or registered as a heritage site with the State Heritage Trust in accordance with the provisions of S.C. Code §§ 51-17-10 et seq., either in public or private ownership, accessory uses to acquire maintenance revenue are permitted.
(B) Accessory uses are limited to the retail sale of gifts, novelties, souvenirs, food services, and bicycle, horse, or boat rental for on-premises use.
(C) Accessory structures so used shall not exceed 10% in size of the principal structures when the nature exhibit is housed, or 1,200 square feet for each acre when the nature exhibit is not enclosed.
(E) Signs advertising accessory uses shall be located on the premises and not visible from a public road.
(Ord. 2012-06, § 6.4.10, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.131 PARKS, RECREATION, AND OUTDOOR RECREATION/ ENTERTAINMENT.
Any structure established in connection with such uses shall have a setback of not less than 100 feet from any property in an agricultural, residential, or office zoning district, except where such property line abuts a street, in which case the front setback established for the district shall apply.
(Ord. 2012-06, § 6.4.11, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.132 RV PARKS.
Recreational vehicle parks shall be subject to the following standards.
(A) Location and access. Recreational vehicle parks shall be located in a public park or with direct access to a state or federal numbered highway or an approved county road. No entrance to or exit from a recreational vehicle park shall be through an agricultural, residential, or office zoning district.
(B) Site conditions. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health or safety of the occupants. No portion of the site that is subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose that would expose persons or property to hazards.
(C) Spaces for occupancy; uses permitted; lengths of stay. Spaces in recreational vehicle parks may be used by recreation vehicles, as defined herein. Spaces shall be rented by the day, week, or month only, and no recreational vehicle shall remain in the same trailer park for more than 30 days. The recreational vehicle park owner shall be responsible for maintaining records of all recreational vehicles and their lengths of stay and shall make these records available to the Zoning Administrator for review upon request.
(D) Site planning and required improvements. Site planning and improvements shall provide for:
(1) Facilities and amenities appropriate to the needs of the occupants;
(2) Safe, comfortable, convenient, and sanitary use by occupants under all weather conditions to be expected during periods of occupancy; and
(3) Protection of occupants from adverse environmental influences, and where appropriate, protection of the neighborhood from potential adverse influences within the recreational vehicle park.
(E) Relation of spaces to public streets. No space shall be located so that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any major thoroughfare or collector street, or within 25 feet of the right-of-way line of any other street.
(Ord. 2012-06, § 6.4.12, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.133 RELIGIOUS ASSEMBLY.
All religious assembly uses shall comply with the site plan review requirements of this chapter.
(Ord. 2012-06, § 6.4.13, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.134 RESOURCE EXTRACTION.
(A) Applications. All uses involving resource extraction shall complete the site plan review process and obtain a zoning permit. Prior to site plan review approval, the applicant shall receive approval or written documentation of exemption from the State Department of Health and Environmental Control (DHEC).
(B) Special exceptions. Resource extraction uses that do not meet the conditions below shall comply with the special exception procedures of this chapter and all requirements of division (A) above, Applications, shall apply. The applicant shall receive special exception approval and approval from DHEC, prior to site plan review approval. The Board of Zoning Appeals may, on a case-by-case basis, also require conditions of approval, including but not limited to, requiring that the excavation area be screened and that a drainage plan be submitted and approved for the restoration of the site when excavation has been completed.
(C) Special exception exemptions for residential and bona fide agricultural uses. Excavation or grading activities solely for residential use, recreational use, or bona fide agricultural use shall be exempt from the special exception procedures of this chapter if the use complies with all of the following conditions.
(1) The resource extraction operation shall be limited to one year.
(2) The resource extraction operation shall not be located within 50 feet of any property boundary and/or within 250 feet of any building intended for human occupancy existing at the time of permit application.
(3) The resource extraction operation shall be two acres or less, provided that the total accumulated area(s) dedicated to resource extraction uses on a parcel is less than five acres. The special exception procedures of this chapter shall apply if the total accumulated resource extraction area is greater than five acres.
(4) No more than one resource extraction use shall be permitted on the same property within one year from the date of zoning permit approval for a previous resource extraction use.
(D) Plat alternative for bona fide agricultural uses. The Zoning Administrator may waive the requirement that an approved and recorded plat of the subject property be submitted as part of a resource extraction application for a bona fide agricultural use when the proposed use complies with all of the conditions of division (C) above, and a scaled survey, scaled aerial photograph, or print of equal quality is submitted.
(E) Special exception exemption for solid waste disposal facility. Excavation or grading activities required to prepare, operate, or close a permitted solid waste disposal facility site shall be exempt from the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.14, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.135 RESTAURANTS, BARS, AND LOUNGES WITH ALCOHOL.
All proposed bars, lounges, and restaurants serving beer or alcoholic beverages located within 500 feet of the property line of a lot in a residential zoning district or a lot containing a residential use shall require review and approval in accordance with the special exception procedures of this chapter. Distances shall be measured from the nearest property line of the subject parcel to the nearest property line of a lot containing a residential use or located in a residential zoning district.
(Ord. 2012-06, § 6.4.15, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.136 SELF-SERVICE STORAGE FACILITY.
Self-service storage facilities shall be subject to the following standards.
(A) Performance standards.
(1) Front setback. All structures, including the accessory manager’s office/apartment, must be set back a minimum of 35 feet from the right-of-way or the district minimum setback, whichever is greater.
(2) Side and rear buffers/screening.
(a) Where projects abut lots zoned office, commercial, or industrial, no side and rear setbacks are required.
(b) Where sites abut residentially zoned properties, buildings adjacent to the perimeter must face inward with their doors away from such areas.
(3) Building lengths and access. To ensure ease of access for emergency vehicles, no building shall exceed 300 feet in length. Spaces between ends of buildings shall be at least 30 feet.
(4) Accessory office/apartment. One management office and/or accessory residence shall be permitted.
(5) Parking and circulation.
(a) Project entrances shall be 30 feet in width.
(b) Roadway widths on interior drives shall be at least 24 feet in width where buildings face and open onto such drives on only one side. Where buildings face and open onto drives on both sides, widths of such drives shall be at least 34 feet.
(c) Turning radii, whether provided at the terminus of interior drives or at points between buildings, shall be at least 30 feet to provide for the maneuverability of emergency vehicles.
(B) Operating conditions.
(1) Commercial activities. The manufacture or sale of any commercial commodity or the provision of any service from the premises is prohibited.
(2) Commercial repair activities. Commercial repairs of autos, boats, motors, furniture, or other items on the premises are prohibited.
(3) Storage of flammable substances. Storage of flammable chemical substances within the complex is prohibited.
(Ord. 2012-06, § 6.4.16, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.137 SEWAGE DISPOSAL FACILITIES.
Sewage disposal facilities shall be subject to the following standards.
(A) Sewage disposal facilities shall comply with the site plan review requirements of this chapter.
(B) Any structure established in connection with such uses shall have a setback of not less than 50 feet from any property line.
(Ord. 2012-06, § 6.4.17, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.138 SEXUALLY ORIENTED BUSINESS.
(A) Purpose and intent. It is the purpose of the regulations of this section to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent the continued deleterious locating and concentration of sexually oriented businesses within the town. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this section to condone or legitimize any use or act which is otherwise prohibited or punishable by law.
(B) Findings of fact.
(1) There are no sexually oriented businesses in the town. However, should such a business open, it is in the interests of the health, safety, and welfare of the patrons of such businesses, as well as the citizens of the town, to provide certain minimum standards and regulations for sexually oriented businesses, as well as the operators and employees of such businesses.
(2) Sexually oriented businesses generate secondary effects that are detrimental to the public health, safety, and welfare. Additionally, sexually oriented businesses are frequently used for unlawful sexual activities, including public sexual indecency, prostitution, and sexual encounters of a casual nature. Such businesses are of particular concern to the community when they are located in close proximity to each other, or close to schools, churches, or parks and playgrounds.
(3) The concern over sexually transmitted diseases is a legitimate health concern of the town which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of our citizens.
(4) Live entertainment presented by some sexually oriented businesses involves a considerable amount of bodily contact between patrons and semi-nude and nude employees and dancers, including physical contact, such as hugging, kissing, and sexual fondling of employees and patrons. Many sexually oriented businesses have “couch” or “straddle” dancing, and in these “dances,” employees sometimes do such things as sit in a patron’s lap, place their breasts against the patron’s face while physical contact is maintained, and gyrate in such a manner as to simulate sexual intercourse. Such behavior can lead to prostitution. The Town Council recognizes that preventing prostitution and the spread of sexually transmitted diseases are clearly within its police powers: Southeastern Promotions, Inc. v. Conrad, 341 F. Supp. 465, 477 (E.D. Tenn. 1972), rev’d on other grounds, 420 U.S. 546 (1975). The Town Council believes that prohibiting physical contact between performers and patrons at a sexually oriented business establishment is a reasonable and effective means of addressing these legitimate governmental interests.
(5) Licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations, to facilitate the enforcement of legitimate location and distancing requirements, and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(6) The location of sexually oriented businesses close to residential areas diminishes property values and leads to conditions that give rise to crime in residential neighborhoods. Many studies performed in other communities indicate conclusively that property crimes and sexual crimes increase significantly in neighborhoods in which a sexually oriented business is located.
(7) It is not the intent of this section to suppress any speech activities protected by the First Amendment or to place any impermissible burden on any constitutionally-protected expression or expressive conduct by the enactment or enforcement of this chapter. Rather, it is the intent of the Town Council to enact a “content neutral regulation” that addresses the secondary effects of sexually oriented businesses.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, 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 one or more 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.”
ADULT BOOKSTORE, ADULT RETAIL STORE, or ADULT VIDEO STORE. A commercial establishment which excludes any person by virtue of age from all or part of the premises generally held opened to the public where products or equipment distinguished or characterized by a predominant emphasis or simulation of “specified sexual activities” or “specified anatomical areas” are sold, rented, or displayed therein (unless the business complies with the requirements of division (c) of this definition), or which has as one of its principal business purposes, the sale or rental of any form, for consideration, one or more of the following:
(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas.”
(b) Instruments, devices, parapher- nalia, or clothing which are designed for use in connection with “specified sexual activities,” excluding condoms and other birth control and disease prevention products. 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, the specified materials which depict or describe “specified sexual activities or “specified anatomical areas.”
(c) ADULT BOOKSTORE, ADULT RETAIL STORE, or ADULT VIDEO STORE does not mean any establishment which displays, rents, or sells sexually-explicit materials in an enclosed room equal to less than 10% of the business’s total square footage, and which prohibits anyone under 18 years of age from entering the room.
(d) PRINCIPAL BUSINESS PURPOSE, as used in this definition, means that more than 25% of the “stock in trade” of the business is devoted to the display, rent, or sale of items, products, or equipment distinguished or characterized by a predominant emphasis on, or simulation of, “specified sexual activities” or “specified anatomical areas.”
(e) STOCK IN TRADE for purposes of this definition shall mean the greater of:
1. The retail dollar value of all items, products, or equipment readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
2. The total volume of shelf space and display area.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial eating or drinking establishment, which regularly features:
(a) Persons who appear in a state of nudity;
(b) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” and/or
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT CAR WASH. A car wash where some or all of the employees are semi-nude or nude and/or where “specified sexual activities” occur or “specified anatomical areas” are exhibited.
ADULT MOTEL.
(a) A hotel, motel, or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” and which may have a sign visible from the public right-of-way which advertises the availability of these types of photographic reproductions;
2. Routinely offers a sleeping room for rent for a period of time that is less than eight hours; or
3. Routinely allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than eight hours.
(b) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than eight hours creates a rebuttable presumption that the establishment is an ADULT MOTEL as that term is defined in this section.
ADULT MOTION PICTURE THEATER. A commercial motion picture theater, one of whose principal business purposes is, for any form of consideration, to regularly show films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT THEATER. A commercial theater, concert hall, auditorium, or similar commercial establishment, one of whose principal business purposes is to regularly feature persons who appear in a state of nudity, or which features live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
CERTIFICATE OF NONCONFORMITY. A certificate issued by the Planning/Zoning Department to any sexually oriented business which is operating at the time of the enactment of this chapter, and is not in compliance with one or more of its provisions.
DANCER. An employee of a sexually oriented business who entertains patrons through expressive forms of dance and/or movement.
EMPLOYEE. An individual working and performing services for any sexually oriented business, including any independent contractor who provides services on behalf of any sexually oriented business to the patrons of such business.
ESTABLISHED or ESTABLISHMENT. As used in this section, means and includes any of the following:
(a) The opening or commencement of any sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business;
(c) The addition of any sexually oriented business to any other existing sexually oriented business; or
(d) The relocation of any sexually oriented business.
HEALTH CLUB. As used in this section, means a health club where some or all of the employees are nude or semi-nude, or in which “specified sexual activities” occur or “specified anatomical activities” are exhibited.
LICENSEE. A person in whose name a sexually oriented business regulatory license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a sexually oriented business regulatory license.
LIVE ENTERTAINMENT. For purposes of this section, means a person who appears nude, semi-nude, or a performance which is characterized by the exposure of “specified anatomical areas” or “specified sexual activities.”
NUDE MODEL STUDIO. Any place where a person appears in a state of nudity or displays “specified anatomical areas” and is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration, and such place is not subject to an exemption pursuant to any provision herein.
NUDE, NUDITY, or STATE OF NUDITY.
(a) The appearance, real or simulated, of a bare human buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(b) A state of dress which fails to completely cover a human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.
OPERATE or CAUSES TO BE OPERATED. As used in the section, means to cause to function or to put or keep in operation.
OPERATOR. Any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business, or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not the person is an owner, part owner, or licensee of the business.
PATRON. Any person who pays a sexually oriented business any form of consideration for services provided to him or her by the sexually oriented business.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEMI-NUDE or SEMI-NUDITY. A state of dress in which clothing covers no more than the genitals of a man, or the pubic region and areolae of the breasts of a woman.
SEXUALLY ORIENTED BUSINESS. Includes an adult arcade, adult bookstore, adult retail store or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio, or any other business, such as a car wash or a health club, which offers, for consideration, materials or services characterized as depicting “specified sexual activities” or “specified anatomical areas”, or whose employees perform services in a state of nudity or semi-nudity.
SEXUALLY ORIENTED BUSINESS REGULATORY LICENSE. A special annual operating license necessary for a sexually oriented business to do business in the town. Such license is in addition to a county business license, and is issued by the Planning/Zoning Department.
SPECIFIED ANATOMICAL AREAS. The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation, actual or simulated; and/or
(d) Excretory functions as part of or in connection with any of the activities set forth in divisions (a) through (c) above.
SUBSTANTIAL ENLARGEMENT (OF A SEXUALLY ORIENTED BUSINESS). The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date the original zoning permit was obtained.
TRANSFER OF OWNERSHIP OR CONTROL (OF A SEXUALLY ORIENTED BUSINESS). Includes any of the following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; and/or
(c) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING ROOM. The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, video reproduction, or live production.
(D) Permits and licenses; application.
(1) Every person engaged or intending to engage in a sexually oriented business is required to obtain a sexually oriented business regulatory license.
(2) A person commits a misdemeanor if he or she operates a sexually oriented business without a valid zoning permit and business license and sexually oriented business regulatory license issued by the town.
(3) An application for a zoning permit and/or a sexually oriented business regulatory license must be made on a form provided by the Planning/Zoning Department. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch of diagram need not be prepared by an architect, engineer, or surveyor, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(4) The applicant must be qualified according to the provisions of division (E) below and the premises must be inspected and found to be in compliance with applicable state laws by the State Department of Health and Environmental Control (DHEC) and the Building Official.
(5) If an entity wishing to operate a sexually oriented business is an individual, he or she must sign the application for a sexually oriented business regulatory license as applicant. If an entity wishing to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a sexually oriented business regulatory license as an applicant.
(6) The fact that a person possesses other types of state or town permits and/or licenses does not exempt him or her from the requirements to obtain a sexually oriented business regulatory license.
(7) All licenses granted pursuant to this section shall be for a term of one year. Said term shall commence on January 1 of each year and terminate upon December 31 of the same year. Applications for a license filed at any other time during the year shall be treated the same as if they were filed January 1 of that year and shall terminate on December 31 of that same year, and no proration shall be permitted.
(8) The completed application shall contain the following information and shall be accompanied by the following documents:
(a) If the applicant is:
1. An individual, the individual shall state his or her legal name and any aliases and shall submit satisfactory proof that he or she is 18 years of age;
2. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
3. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the state, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the state, the names and capacity of all officers, directors, and principal owners, and the name of the registered corporate agent and the address of the registered office for service of process; or
4. A limited liability company shall state its complete name, the date of filing of the articles of organization and operating agreement, and the names of all managers and members.
(b) Whether the applicant or any other individual listed under division (D)(8)(a) above had worked under or has had a previous sexually oriented business regulatory license under this section or other adult business or adult entertainment ordinance from another state, city or town denied, suspended, or revoked, including the name and location of the adult business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.
(c) Whether the applicant or any other individual listed under division (D)(8)(a) above holds any other licenses under this section or other similar adult business ordinance from another city, town, or state and, if so, the names and locations of such other permitted business.
(d) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(e) Proof of the applicant’s right to possession of the premises wherein the sexually oriented business is proposed to be conducted.
(f) The applicant’s or any other individual’s listed, pursuant to division (D)(8)(a) above, mailing address and residential address.
(g) A photocopy of the driver’s license or other government issued identification card for the individuals listed in division (D)(8)(a) above.
(9) If the applicant is an individual, he or she must sign the application for a license. If the applicant is a corporation, it must be signed by the president or vice president, attested to by the secretary or assistant secretary, and each individual having a 10% or greater interest in the corporation. If the applicant is a general or limited partnership, it must be signed by a general partner. If the applicant is a limited liability company, it must be signed by the manager and each individual having a 10% or greater interest in the company.
(10) If an omission or error is discovered by the Zoning Administrator, the application will be returned to the applicant for completion or correction without further action by the Zoning Administrator . Any application rejected due to an omission or error shall be re-filed only when the omission or error has been remedied. For the purposes of this section, the date the Zoning Administrator accepts an application which is complete shall be the date the application is deemed to be filed with the Zoning Administrator .
(11) In the event that the Zoning Administrator determines that the applicant has improperly completed the application, he or she shall promptly notify the applicant of such fact and allow the applicant 30 days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(12) Applicants for a license under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the Zoning Administrator , shall be grounds for suspension or revocation of a sexually oriented business regulatory license.
(E) Approval or denial of license.
(1) The Zoning Administrator shall approve or deny the issuance of a sexually oriented business regulatory license to an applicant within 30 days after receipt of a completed application. The Zoning Administrator shall deny a license if:
(a) The applicant (if a natural person) is under the age of 18 years;
(b) The applicant has made a false statement upon the application or has given false information in connection with an application;
(c) The applicant or any holder of any class of stock, or a director, officer, partner, or principal of the applicant has had an adult business license revoked or suspended anywhere within the state within one year prior to the application;
(d) The applicant has operated an adult business which has determined to be a public nuisance under state law or this code within one year prior to the application;
(e) A corporate applicant is not in good standing or authorized to do business in the state;
(f) The applicant is overdue in the payment to the town of taxes, fees, fines, or penalties assessed against him, her, or it or imposed against him, her, or it in relation to an adult business;
(g) The applicant has not obtained the required sales tax license; or
(h) The applicant of the sexually oriented business is in violation of, or is not in compliance with, any of the provisions of this section.
(2) In the event that the Zoning Administrator denies a license, he or she shall make written findings of fact stating the reasons for the denial, and a copy of such decision shall be sent by first class mail to the address shown in the application. An applicant shall have the right to a hearing before the Board of Zoning Appeals as set forth in division (J) below. A written request for such hearing shall be made to the Zoning Administrator within ten days of the date of the denial of the license by the Zoning Administrator. This hearing shall be held within 60 days from the date a timely request for hearing is received. If no such hearing is held or if no order is issued within the time set forth below following such hearing, the application shall be deemed approved.
(a) At the hearing referred to above, the Board of Zoning Appeals shall hear such statements and consider such evidence as the Planning staff, enforcement officers, the applicant or other party in interest, or any other witness shall offer which is relevant to the denial of the license application by the Zoning Administrator.
(b) If the Board of Zoning Appeals determines that the applicant is ineligible for a license per division (E)(1) above, it shall issue an order sustaining the Zoning Administrator’s denial of the application, within five days after the hearing is concluded, which shall include findings of fact. A copy of the order shall be mailed to the applicant at the address supplied on the application.
(c) The order of the Board of Zoning Appeals made pursuant to this section shall be a final decision and may be appealed to the Circuit Court pursuant to the provisions of the state’s Local Government Planning Act, as may be amended from time to time. Failure of an applicant to timely follow the limits specified above constitutes a waiver by him, her, or it of any right he, she, or it may otherwise have to contest denial of his, her, or its license application.
(3) If any town official or department fails to render a timely decision pursuant to the terms of this section then said official or department shall be deemed to have approved or consented to the issuance of the requested license.
(4) The sexually oriented business regulatory license, if granted, shall state of its face the names of the persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The sexually oriented business regulatory license shall be posted in a conspicuous place at or near the entrance of the sexually oriented business so that it may be easily read at any time.
(F) Temporary permits.
(1) An applicant may apply for a temporary permit if a sexually oriented business regulatory license has been denied by the Zoning Administrator, an appeal has been denied by the Board of Zoning Appeals, and an appeal or other legal challenge is pending in the Circuit Court.
(2) The temporary permit application shall include all information required by the sexually oriented business regulatory ordinance.
(3) The temporary permit application shall also include written evidence of the pendency of the appeal to the Circuit Court.
(4) The completeness of the temporary permit application will be determined within five days of its submittal.
(5) After submittal of a complete application, the Zoning Administrator shall issue the temporary permit within five days.
(6) Upon issuance, the applicant may commence its sexually oriented business adult use as set forth in the permit, pending compliance with other applicable non-sexually oriented business laws, rules, and regulations.
(7) In the event that denial of a sexually oriented business regulatory license is upheld by the courts, an investment or construction undertaken during the time of temporary permit must be removed and the business ceased. The applicant shall not have the right to continue with any business or recoup any investment from the town. Revocation of the permit shall not be considered a taking.
(G) Inspection.
(1) An applicant or licensee shall permit representatives of the Sheriff’s Office, State Department of Health and Environmental Control (DHEC), local Fire Department, Planning/Zoning Department, Legal Department, and/or Building Inspections Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied open for business.
(2) The licensee (or the licensee’s agent or employee) of a sexually oriented business commits a misdemeanor if he or she refuses such lawful inspection of the premises at any time it is occupied or open for business. Such refusal is also grounds for suspension or revocation of a sexually oriented business regulatory license.
(H) Expiration of sexually oriented business regulatory license.
(1) A sexually oriented business regulatory license must be renewed each year, at least two weeks prior to the expiration date.
(2) If, after denying the issuance or renewal of a sexually oriented business regulatory license, the Zoning Administrator finds that the basis for denial of the license has been corrected or abated, the applicant may then be granted a sexually oriented business regulatory license.
(I) Suspension of sexually oriented business regulatory license. The Zoning Administrator shall suspend a sexually oriented business regulatory license for a period not to exceed 30 days if the Zoning Administrator determines that a licensee or an employee of a licensee:
(1) Has violated or is not in compliance with any provision of this section;
(2) Has refused to allow an inspection of the sexually oriented business premises as authorized by this section; or
(3) Has knowingly permitted gambling by any person on the sexually oriented business premises.
(J) Revocation of sexually oriented business regulatory license.
(1) The Zoning Administrator shall revoke a sexually oriented business regulatory license if a cause of suspension in division (H) above occurs and the sexually oriented business regulatory license has previously been suspended within the preceding 12 months.
(2) The Zoning Administrator shall revoke a sexually oriented business regulatory license if the Zoning Administrator determines that:
(a) The licensee gave false or misleading information in the material submitted to the Zoning or Business License Departments during the application process;
(b) The licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s sexually oriented business regulatory license was suspended; or
(c) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, or masturbation to occur in or on the permitted and/or licensed premises.
(3) If subsequent to revocation, the Zoning Administrator finds that the basis for the revocation of the sexually oriented business regulatory license has been corrected or abated, the applicant may be granted a sexually oriented business regulatory license.
(K) Appeal of designation, or suspension or revocation of sexually oriented business regulatory license. A sexually oriented business or a licensee may appeal, in writing, the Zoning Administrator’s designation of a business as a sexually oriented business, or the suspension or revocation of a sexually oriented business regulatory license to the Board of Zoning Appeals in accordance with the procedures of § 153.052.
(L) Transfer of sexually oriented business regulatory license. Each sexually oriented business regulatory license issued hereunder is non- transferable. A licensee shall not transfer a sexually oriented business regulatory license to another sexually oriented business, nor shall a licensee operate a sexually oriented business under the authority of a sexually oriented business regulatory license at any place other than the address designated in the application.
(M) Location restriction.
(1) A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business outside of the zoning district where the use is allowed. (See § 153.110.)
(2) A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business within 1,000 feet of:
(a) A facility for religious assembly;
(b) A public or private school;
(c) A boundary of any residential zoning district;
(d) A public park adjacent to any residential zoning district; and
(e) The property line of a lot occupied by a residential use.
(3) A person commits a misdemeanor if he or she causes or allow the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the substantial enlargement of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business without the issuance of sexually oriented business regulatory license for each use and every expansion.
(4) 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 building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a facility for religious assembly, a public or private school, to the nearest boundary of any residential zoning district, a public park adjacent to any residential zoning district, or the nearest property line of a lot occupied by a residential use.
(5) No expansion of the uses or physical structure of a building housing a sexually oriented business shall occur without the issuance of a sexually oriented business regulatory license for each use and expansion.
(N) Regulation of adult car washes. Nude or semi-nude employees of adult car washes must not be able to be seen from any public right-of-way or adjoining parcels. Necessary fencing and/or buffers, as set forth in the relevant sections of this chapter, must be placed around the establishment in order to ensure that patrons can only view the employees once the patrons are inside the establishment.
(O) No fondling or caressing. It is a misdemeanor for any nude or semi-nude employee or dancer to fondle or caress any patron, and no patron shall fondle or caress any nude or semi-nude employee or dancer.
(P) Nonconforming sexually oriented business.
(1) Any sexually oriented business operating on the date the original sexually oriented business regulations were enacted by the Town Council, that is found to be in violation of any of the location provisions of division (L) above, shall be deemed a nonconforming use, and upon written notification by the Zoning Administrator, must obtain a certificate of nonconformity from the Planning/Zoning Department. A certified nonconforming use will be permitted to continue to operate for a period not to exceed one year before being licensed.
(2) If the sexually oriented business does not, within six months of notification by the Zoning Administrator, obtain a certificate of nonconformity, then the business will be deemed in violation of the chapter, and will not be permitted to continue to operate more than six months after the date that the regulations of this section first became effective.
(3) No nonconforming use shall be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
(4) If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at that particular location is the conforming use and the later-established business is the nonconforming use.
(5) Any sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use due to the subsequent location of a church, public or private elementary or secondary school, public park, residential district, or a residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid sexually oriented business regulatory license, and does not apply when an application for a sexually oriented business regulatory license is submitted after a sexually oriented business regulatory license has expired or has been revoked.
(Q) Adult motels prohibited. A person in control of a sleeping room in a hotel, motel, or similar commercial establishment, commits a misdemeanor if he or she rents or sub-rents a sleeping room to a person, and then, within eight hours from the time the room is rented, rents or sub-rents the same sleeping room again, as such creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this section. For purposes of this section, RENT or SUB-RENT means the act of permitting a room to be occupied for any form of consideration.
(R) Six-foot distance rule.
(1) No nude or semi-nude employee or nude or semi-nude dancer shall perform live entertainment within six feet of any patron, nor shall any patron experience live entertainment within six feet of any nude or semi-nude employee or nude or semi-nude dancer, in a sexually oriented business. In the case of adult car washes, the six-foot distance rule necessitates that patrons get out of their vehicles, and watch the vehicles being washed no less than six feet away from the nude or semi-nude employees.
(2) Sexually oriented businesses with live entertainment shall conspicuously post a sign that advises patrons that they must be at least six feet away from nude or semi-nude dancers at all times.
(S) Gratuities.
(1) No patrons shall personally pay or personally give a gratuity to any nude or semi-nude dancer or nude or semi-nude, employee in a sexually oriented business establishment. Gratuities can be placed in containers at a location away from the nude or semi-nude dancer, or handed to clothed employees. In the alternative sexually oriented businesses could charge a cover charge, and prohibit all gratuities.
(2) No nude or semi-nude dancer or nude or semi-nude employee a sexually oriented business shall solicit or accept any pay or gratuity personally from a patron.
(3) Sexually oriented businesses with nude or semi-nude dancers or nude or semi-nude employees shall conspicuously post a sign that advises patrons that gratuities to be paid personally to nude or semi-nude dancers and nude or semi-nude employees are prohibited.
(T) Additional regulations pertaining to the exhibition of sexually explicit films and videos, adult arcades, and health clubs. A person who operated or causes to be operated a sexually oriented business, as defined in this section, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, or which allows specified sexual activities or specified anatomical areas, or which allows specified sexual activities to occur in a separate room in the establishment shall comply with the following requirements:
(1) Upon application for a sexually oriented business regulatory license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object, and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Zoning Administrator.
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations. The view required in this division must be by direct line of sight from the manager’s station.
(6) It shall be the duty of the owners and operator, and also the duty of any agents and employees present in the premises, to ensure that the view area specified in division (T)(5) above remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (T)(1) above.
(7) No viewing room, nor any room or enclosed area in a health club that cannot be viewed from the manager’s station, may be occupied by more than one person at any time.
(8) In order to ensure that places to which patrons access are adequately illuminated, the premises shall be equipped with overhead lighting fixtures at an illumination at least one candle foot as measured at the floor level.
(9) It shall be the duty of the owners and operator, and also the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) A person having a duty under divisions (T)(1) through (T)(9) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
(U) Exemptions. It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school licensed by the state; a college, junior college, or university supported entirely or partly by taxation.
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
(3) In a structure:
(a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
(b) Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
(c) Where no more than one nude model is on the premises at any one time.
(W) Severability. If any provision of this section or its application to any circumstance is held by a court of competent jurisdiction to be invalid for any reason, this holding does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.
(Ord. 2012-06, § 6.4.18, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013) Penalty, see § 153.999
§ 153.139 SINGLE-FAMILY DETACHED AFFORDABLE HOUSING.
(A) To promote ownership or occupancy of affordable, quality housing by low-income households, property within the AG-5, AGR, or RSL Zoning District may be approved for subdivision and development in accordance with the density, intensity, and dimensional standards of this section (see division (B)(3) below).
(B) The entity developing the subject parcel must construct new residential housing for the provision of affordable housing as certified by the town. The purchaser or tenant of the affordable household, at the time of closing or rental agreement, must meet the HUD definition of low-income. The following standards of this section must also be met.
(1) Single-family detached affordable housing units. Single-family detached affordable housing units shall meet the low-moderate income standards as defined by the U.S. Department of Housing and Urban Development or the LOW INCOME definition, which is a household income 80% or below the median household income for the town.
(2) Ownership. Single-family detached affordable housing units shall be sold or rented to qualified low-moderate income households, as defined in division (B)(1) above.
(3) Density, intensity, and dimensional standards.
(a) The maximum density and minimum lot area standards listed in the following table shall apply to single-family detached affordable housing units:
Zoning District | Maximum Density | Minimum Lot Area |
AG-5 | 3 dwelling units per acre | 8,000 square feet |
AGR | 3 dwelling units per acre | 8,000 square feet |
RSL | 4 dwelling units per acre | 4,000 square feet |
(4) Uses.
(a) Single-family attached housing units are allowed in the RSL Zoning District if they meet all requirements of this section.
(b) Only single-family detached affordable housing units are allowed in the AG-5 and AGR Zoning Districts.
(Ord. 2012-06, § 6.4.19, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.140 STABLE.
Boarding or riding stables shall require a minimum lot area of five acres of highland. Riding areas and trails shall be limited to the subject parcel upon which the stable is located unless documentation is provided granting access onto other lands. Such documentation shall be provided through written and recorded documents.
(Ord. 2012-06, § 6.4.20, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2018-02, passed 5-17-2018)
§ 153.141 UTILITY SUBSTATIONS.
Electricity regulating substations, gas pressure control stations, or similar utility substations shall be subject to the following standards.
(A) Utility substations shall comply with the site plan review requirements of this chapter.
(B) Any structure shall have a setback of not less than 25 feet from all property lines or the minimum setback of the underlying zoning district, whichever is greater.
(C) The storage of vehicles and equipment on the premises shall be prohibited except in Community Commercial (CC) or Industrial (I) Zoning Districts.
(Ord. 2012-06, § 6.4.21, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013) Penalty, see § 153.999
§ 153.142 LIMITED VEHICLE SERVICE.
Vehicle service, limited shall be subject to the following standards.
(A) No outdoor storage of vehicles shall be permitted in conjunction with a limited vehicle service use.
(B) In zoning districts subject to conditions (C), this use shall have a maximum floor area of 5,000 square feet; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.22, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.143 BONA FIDE FORESTRY OPERATIONS.
(A) For this use to be allowed, the contiguous parcels must have five acres or more of forest land. Additionally, if a parcel is harvested of grand trees (excluding live oak species per § 153.334(A)(2)(b)4.), zoning permits or development applications may not be submitted within five years of issuing permit for the harvest because it shall be presumed that such harvest was done in anticipation of future development and is not considered a bona fide forestry activity as defined by this chapter. Any person seeking to rebut this presumption shall have the burden of proving his or her claim by clear and convincing evidence.
(B) BONA FIDE FORESTRY OPERATIONS shall mean that the property is eligible for, and actually used for forestry or timber operations, and written application has been approved by the County Assessor for the special assessment for agricultural use for the property in question pursuant to S.C. Code § 12-43-220, S.C. Department of Revenue Regulation 117-1780.1, and other applicable statutes, rules, and regulations.
(Ord. 2012-06, § 6.4.23, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.144 MANUFACTURED HOUSING UNITS.
(A) Replacement in RSL and RSM Zoning Districts. The replacement of manufactured housing units shall be allowed by right in the RSL and RSM Districts if the manufactured housing unit has been removed within 60 days of the receipt of the application by the Zoning Administrator. If the manufactured housing unit was removed prior to 60 days of the receipt of the application, this use must comply with the requirements and procedures of divisions (B) and (C) below.
(B) Requirements in RSL Zoning Districts. Manufactured housing units placed in RSL Zoning District shall be skirted by: manufactured skirting, or other materials suitable for exterior use, including corrosion-resistant metal, fiberglass/plastic, wood/wood siding (both must be protected from the elements by water resistant solution/substance), decay resistant wood/pressure treated lumber, and masonry concrete. The enclosed crawl space under the manufactured housing unit must be ventilated. Skirting placed on manufactured housing units in any Federal Emergency Management Agency (FEMA) flood hazard boundary area must comply with any applicable FEMA requirements.
(C) Placement in RSL Zoning District. Placement of a manufactured home within the RSL Zoning District is conditional upon determination by the Zoning Administrator that:
(1) The area within 300 feet of the parcel proposed for manufactured home placement is characterized either entirely of manufactured homes or a mix of site built and manufactured homes. (The mix shall contain a minimum number of manufactured homes equivalent to 25% of the number of existing principal residences located on parcels within 300 feet of the subject property); and
(2) If the Zoning Administrator determines that the area is not characterized either entirely of manufactured homes or by a mix of site built and manufactured homes, the use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.24, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.145 DWELLING UNITS IN NONRESIDENTIAL DISTRICTS.
Single-family detached dwelling units shall be allowed in all nonresidential zoning districts subject to the following conditions.
(A) A maximum of one single-family detached dwelling unit shall be allowed per zoning lot in nonresidential zoning districts.
(B) Dwelling units for security or maintenance personnel as accessory structures, per § 153.204(C) of this chapter, shall not be permitted on the same zoning lot as a single-family detached dwelling unit.
(C) The single-family detached dwelling unit must meet all dimensional standards of the nonresidential zoning district in which it is located.
(Ord. 2012-06, § 6.4.25, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.146 PERSONAL IMPROVEMENT EDUCATION.
In zoning districts subject to conditions (C), personal improvement education shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.26, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.147 HISTORICAL SITE.
In zoning districts subject to conditions (C), the operation of historical sites shall be restricted to the hours between 7:00 a.m. and 8:00 p.m.; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.27, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.148 U.S. POSTAL SERVICE.
In zoning districts subject to conditions (C), any postal service facility shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.28, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.149 ADULT OR CHILD DAY CARE FACILITY.
All adult or child day care facilities shall comply with the site plan review procedures contained within this chapter.
(Ord. 2012-06, § 6.4.29, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.150 INDOOR RECREATION OR ENTERTAINMENT.
No indoor shooting ranges shall be allowed in the Commercial Transition (CN) Zoning District.
(Ord. 2012-06, § 6.4.30, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.151 MINOR UTILITY SERVICE.
(A) Minor utility service uses shall comply with the limited site plan review requirements of this chapter and shall obtain a clearing and grubbing permit prior to commencement of such activities.
(B) Minor utility service shall be underground in the Commercial Transition (CN) Zoning District.
(Ord. 2012-06, § 6.4.31, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.153 BANKS AND FINANCIAL SERVICES.
In zoning districts subject to conditions (C), banks and financial services shall have a maximum floor area of 5,000 square feet or less; otherwise these uses shall fall under the special exception provisions of this chapter.
(Ord. 2012-06, § 6.4.33, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.154 CATERING SERVICE.
(A) In zoning districts subject to conditions (C), a structure or structures used for catering services shall have a maximum floor area of 5,000 square feet.
(B) In zoning districts subject to special exception provisions (S), a structure or structures used for catering services shall have a maximum floor area of 2,000 square feet.
(C) On-site retail sales are prohibited.
(D) All catering service uses shall comply with the site plan review requirements of this chapter.
(Ord. 2012-06, § 6.4.34, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.155 ADMINISTRATIVE, BUSINESS, GOVERNMENT, AND PROFESSIONAL OFFICE.
In zoning districts subject to conditions (C), administrative or business office, government offices, and professional offices shall have a maximum floor area of 5,000 square feet or less; otherwise these uses shall fall under the special exception provisions of this chapter.
(Ord. 2012-06, § 6.4.35, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.156 SPECIAL TRADE CONTRACTORS.
Special trade contractors shall be subject to the following standards.
(A) This use excludes any tractor trailer containers in outside storage areas.
(B) In zoning districts subject to conditions (C), this use shall have a maximum area of 5,000 square feet including the building and any outside storage, otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.36, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.157 PARKING LOTS.
In the Commercial Transition (CN), General Office (OG) and Residential Office (OR) Zoning Districts, all parking lots shall have one canopy tree per six parking spaces. There shall be no automobile ingress/egress onto residential streets from a parking lot in an OR Zoning District if the parking lot is serving a commercial use, unless no other reasonable alternative exists.
(Ord. 2012-06, § 6.4.37, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2018-11, passed 10-18-2018)
§ 153.158 CONSUMER GOODS RENTAL SERVICE.
In zoning districts subject to conditions (C), consumer goods rental services shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.38, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.159 BOAT YARD.
(Ord. 2012-06, § 6.4.39, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.160 CONSUMER REPAIR SERVICE.
Repair service, consumer shall be subject to the following standards.
(A) In zoning districts subject to conditions (C), consumer repair services shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(B) In the Neighborhood Commercial (CN) Zoning District, no outside storage will be allowed.
(Ord. 2012-06, § 6.4.40, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.161 LIQUEFIED PETROLEUM GAS DEALERS.
The amount of storage for liquid petroleum gas dealers shall be limited to 40,000 gallons per site.
(Ord. 2012-06, § 6.4.41, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.162 BUILDING MATERIALS, GARDEN EQUIPMENT AND SUPPLIES DEALERS.
Building materials or garden equipment and supplies dealers shall be subject to the following standards.
(A) This use excludes any tractor trailer containers in outside storage areas.
(B) In zoning districts subject to conditions (C), this use shall have a maximum area of 5,000 square feet including the building and any outside storage; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.42, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.163 FOOD SALES.
In zoning districts subject to conditions (C), food sales shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.43, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2018-02, passed 5-17-2018)
§ 153.164 GENERAL RETAIL SALES OR SERVICE.
In zoning districts subject to conditions (C), retail sales or service, general shall have a maximum floor area of 5,000 square feet or less; otherwise the use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.44, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.165 GASOLINE SERVICE STATION.
In zoning districts subject to conditions (C), gasoline service stations shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.45, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.166 CONSUMER CONVENIENCE SERVICES.
In zoning districts subject to conditions (C), consumer convenience services shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.46, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.167 PERSONAL IMPROVEMENT SERVICES.
In zoning districts subject to conditions (C), personal improvement services shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.47, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.168 SERVICES TO BUILDINGS OR DWELLINGS.
(A) Services to buildings or dwellings. In zoning districts subject to conditions (C), services to buildings or dwellings shall have a maximum floor area of 5,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(B) Landscaping services.
(1) In zoning districts subject to conditions (C), a structure or structures used for landscaping services shall have a maximum floor area of 2,000 square feet; and
(2) All landscaping service uses shall comply with the site plan review requirements of this chapter.
(Ord. 2012-06, § 6.4.48, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.169 FREIGHT FORWARDING FACILITIES.
In zoning districts subject to conditions (C), freight forwarding facilities shall have a maximum floor area of 10,000 square feet or less; otherwise this use shall fall under the special exception procedures of this chapter.
(Ord. 2012-06, § 6.4.49, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.170 GOLF COURSES.
Golf courses shall be subject to the following standards and criteria.
(A) An impact analysis must be submitted that indicates the potential number of members, the characteristics of the golf course membership, a traffic impact analysis, and a complete site analysis as detailed below.
(1) Required site analysis. The layout of any golf course shall be determined after preparing the required site analysis. The detailed site analysis will be done in order to identify the site’s most significant environmental, historic, cultural, and natural resources.
(2) Content. The site analysis will include:
(a) Vegetation. Characteristics of a vegetation survey related to land use will describe principal, predominant, and significant vegetation, by type, condition, age, use, and general or specific location. Features in the survey will include trees and shrubs, agricultural fields, treelines, native vegetation, orchards, groves, woodlots, pastures, wetlands, forests, and grasslands. The vegetation survey shall indicate any significantly large trees or endangered plant or animal species that may reside on the site and is protected by law;
(b) Historical, archaeological, and cultural resources. Historical resources located within the proposed golf course development must be identified on the plat. Sources such as the County Historical Survey (1991), state registers, and federal registers such as the National Register of Historic Places shall be utilized in identifying these resources. The historical survey is important for noting structures and areas that must be protected as designated landmarks;
(c) Adjacent land use patterns. Land use on adjacent properties shall be identified. Features such as, but not limited to, roads, rice dams, traditional settlement areas, cemeteries, clusters of structures, parks, marinas, and logging areas shall be shown;
(d) Hydrography. All water features including streams and sensitive areas on the site, such as wetlands and riparian corridors, must be located. The purpose of locating these features is to limit disturbance of soil and vegetation that affect water quality features. Hydrography shall be used to determine where water required wetland buffers and other requirements such as drainage easements will be located. Wetland buffers of 50 feet are required on all saltwater marshes, and 35 feet on all protected freshwater wetlands. All water bodies – rivers, streams, drainage channels, marshes or wetland, floodplains, and aquifers – must be inventoried or identified; and
(e) Wildlife habitat areas. The purpose of identifying wildlife areas is to assess the ecological conditions of the landscape and to provide continuation of these habitat areas. Features of this survey shall include the presence of any threatened or endangered species, natural areas vital to wildlife species, habitat areas that are connected to larger undisturbed natural habitat (connected habitat system). Through this method the study will develop key points or areas that should be left undeveloped, then define those areas most suitable for development.
(B) Within the NRM-25, AG-5, AGR, and RSL Zoning Districts, only Audubon International “Signature Program” golf courses will be allowed.
(C) Potential sites should be selected which allow the golf course to be routed in such a way as to minimize the need to alter, create, or remove existing native landscapes, trees, and vegetation, and which provide opportunities for restoration/enhancement of valuable habitat.
(D) Sites which have archaeological or geological significance and sensitive or critical habitat or environmental features shall be identified and either relocated or preserved through careful golf course design. Permanent open space easements or other techniques may be used, as appropriate, to effect preservation. The site design shall identify areas for restoration, replanting, and enhancement of riparian and littoral habitat to re-establish wildlife migration corridors and lineages between fragmented habitat areas. Protection and planned restoration and/or enhancements for such areas during construction and ongoing operation must be ensured. Native habitats and communities of special value to threatened and/or endangered species shall be preserved to the greatest extent possible, consistent with state and federal regulation.
(E) Each site selected as a golf course development will likely have a variety of habitat types present. These habitat types must be identified and provisions made for routing of the course or relocation of the species.
(F) The site plan should protect drainage systems that support retained vegetation. Ponds shall be developed which mimic conditions in terms of both aesthetics and habitat.
(G) Structures and buildings should be located such that impacts to habitats and significant natural areas are avoided.
(H) Design and construction standards:
(1) Marshes, creeks, and wetlands.
(a) The golf course design must attempt to minimize the number of marsh, creek, or wetland crossings. Marsh, creek, or wetland crossings must be designed in such a way to minimize erosion and harmful effects of significant habitat and migration corridors.
(b) Bridges must minimize alteration of the marsh, creek, or wetland environment.
(c) Design must create and restore riparian habitat, especially in previously degraded habitat areas, and must reduce the impact of alterations necessitated by design and construction of the course.
(d) The course design must employ vegetated buffer strips of sufficient width to mitigate impacts to riparian corridors and other significant habitat which may result from surface drainage of the golf course, cart paths, and other developed areas. In certain circumstances where riparian vegetation has been degraded or does not exist, turf grass and rough areas may be located in closer proximity to the marshes, creeks, and wetlands.
(e) Cart paths must be graded such that runoff from them generally does not flow directly into any marsh, creek, or wetland.
(f) Construction fencing/siltation barriers must be utilized during the construction phase where needed to protect habitat and marsh, creek, or wetland areas.
(2) Trees.
(a) The selected site must not be heavily forested (with more than 60% tree canopy coverage).
(b) The design of the course and related facilities must maximize the preservation of clusters or significant stands of trees, particularly grand trees, and otherwise preserve “interior” habitat areas.
(c) Irrigation systems shall be designated to avoid impacting existing oaks or other sensitive vegetation.
(d) If required by the Zoning Administrator, a certified professional arborist, botanist, or forester shall be employed by the applicant to evaluate the status of the trees and related habitats on the site and provide direction for restoration and/or enhancement of impacted trees.
(e) Cart paths within the drip lines of trees slated for preservation must be grated in such a way as to not damage or stress the tree.
(f) Barriers (curbs, fencing, vegetation, and the like) should be established to discourage cart and pedestrian travel off paths located within or adjacent to sensitive habitat.
(3) Water quality.
(a) Lined artificial storage ponds must not be located in prime groundwater recharge areas.
(b) Turf grass species and landscaping around buildings should be selected which are drought resistant or tolerant and which are suited for any special site characteristics or soil conditions.
(c) State-of-the-art irrigation systems with site meteorological monitoring capability should be used to minimize water use.
(d) If on-site wells or ponds are to be used as the irrigation water source, analysis will be required to determine the safe yield in order to prevent aquifer, off-site wells, and/or marsh, creek, or wetland depletion. The developer will be held responsible for any negative impact on water supplies to adjacent or nearby properties.
(e) Paved areas should be limited in order to minimize impermeable surfaces, and thereby reduce surface runoff.
(f) The project should employ established best management practices pursuant to the non-point source program guidelines to control non-point source (stormwater) runoff pollution. For example: impervious liners for detention/retention ponds and water hazards to protect ground and surface water quality; buffer strips, oil/grease separators, or other recommended techniques for parking area drainage systems; grease traps and other recommended technologies for facilities such as golf cart maintenance or wash areas to prevent untreated runoff from entering the natural aquatic environment; berms, vegetative strips, grease traps, or other recommended technologies in parking areas for drainage controls to minimize pollution to nearby riparian areas and surface waters.
(g) The overall drainage system should be designed to ensure that there is no increase in the velocity or amount of off-site flows during major storm events.
(4) Archaeology.
(a) The design of the course must preserve significant archaeological areas and/or historical features present on the site.
(b) Significant archaeological sites must be staked, flagged, or fenced off to ensure their protection.
(5) Noise.
(a) Where possible, clubhouse facilities and other noise-generating uses and facilities should be located away from neighbors who might be impacted.
(b) Roads must be sited such that traffic noise is minimized for adjacent areas.
(6) Growth-inducing impacts.
(a) The project should not provide infrastructure improvements that would be capable of serving new development other than the proposed project.
(b) The project should not stimulate economic expansion or growth (e.g., major changes in tax revenue base, employment expansion, and the like) other than that necessary to serve the proposed project.
(c) The project should not establish a precedent for significant change in current Comprehensive Plan policy.
(d) In cases where the golf course developer owns lands adjacent to the project site, a plan for the potential development of those adjacent lands should be submitted for evaluation.
(e) Deed restrictions, open space easements, or other appropriate techniques must be used to mitigate or prevent growth-inducing impacts inside the development.
(I) Notification. Upon the receipt of a complete application for a golf course, the Planning/Zoning Department shall notify neighbors within a 300-foot radius, parties in interest, and place notification in the newspaper within ten days. All notifications shall be done in accordance with the provisions contained in §§ 153.040 through 153.055 of this code.
(J) Time limit for staff review. Upon the receipt of a complete application for a golf course, the Planning/Zoning Department shall have a maximum of 45 days to act on the application. Staff’s failure to act on the application within 45 days will result in the applicant being granted a zoning permit.
(Ord. 2012-06, § 6.4.50, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.171 SOLID WASTE DISPOSAL FACILITY.
The following requirements shall apply to solid waste disposal facilities located in or proposed to be located in the Industrial (I) Zoning District.
(A) Solid waste disposal facilities that were legally established before October 18, 2012 shall be deemed uses permitted by right, as defined in § 153.013 of this code.
(B) Any proposed solid waste disposal facilities, except existing solid waste disposal facilities, shall fall under the special exception procedures of this chapter.
(C) All solid waste disposal facilities shall comply with all of the requirements contained in the State Waste Policy and Management Act of 1991, as amended, being S.C. Code §§ 44-96-10 et seq.
(Ord. 2012-06, § 6.4.51, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.172 CONTAINER STORAGE FACILITIES.
Facilities for or including container storage (whether temporary or permanent), shall be subject to the following additional standards:
(A) Uses shall be separated from any adjoining uses or public or private rights-of-way, excluding points of ingress or egress, by way of one of the following:
(1) A suitably landscaped earthen berm sufficient to screen neighboring or nearby property from the facility; and in no event less than eight feet in height above finished grade;
(2) A solid concrete, brick or masonry wall of not less than ten feet in height above finished grade and completely screened from view from public rights-of-way by way of a vegetative buffer; or
(3) A minimum vegetative buffer depth of 200 feet along the boundaries adjacent to any property zoned Residential (R) and a minimum vegetative buffer depth of 50 feet otherwise. This buffer shall be located within the required setback as described in § 153.172(B)(2).
(B) Storage within a container yard shall be restricted by the following.
(1) Container stacking may be permitted, where appropriate, pursuant to an approved container stacking plan. Such plan shall, at a minimum, include a site plan showing the location of all abutting streets and sidewalks, all internal travel-ways, a stagger stacking schedule, and the proposed maximum stacking heights. A suitable stacking plan shall feature a slope not exceeding a rise/run of 1/2, shall include a perimeter setback of not less than 30 feet from the nearest stored container, the nearest sidewalk edge, or right-of-way edge, and shall indicate how the stacking plan meets all other requirements of this chapter.
(2) Container and chassis storage is not permitted within 350 feet of the boundary adjacent to any property zoned Residential (R) and within 50 feet otherwise. In addition, containers stacked in the yard shall not be visible above the tree line from adjacent residential neighborhoods. Structures may be allowed in the area beyond the required buffer where container and chassis storage is prohibited, provided that proposed structures meet all requirements of this chapter and receive site plan review approval.
(C) In those instances which proposed container storage facilities are viewed by the Zoning Administrator as having a substantially negative impact on a surrounding area(s) or adjoining property(ies), based on the facility’s location, proposed use, permitted use, or actual use of the property, the Zoning Administrator shall bring the matter to the next available meeting of the Board of Zoning Appeals for hearing and decision, pursuant to § 153.052.
(Ord. 2012-06, § 6.4.52, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.173 CEMETERIES.
Cemeteries require a minimum five-acre lot area, a minimum 25-foot landscaped buffer from adjacent properties, and completion of the site plan review process. Non-commercial, family cemeteries shall be allowed. Cemeteries on the same lot as or on a lot adjacent to a religious facility shall be allowed as a use of right.
(Ord. 2012-06, § 6.4.53, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.174 KENNEL.
Kennels shall be subject to the following standards.
(A) Minimum lot size. The lot size shall contain a minimum of five acres.
(B) Exception to minimum lot size. This use may be approved for a lot that is at least two acres in size through the special exception procedures contained in this chapter.
(C) Required screening and landscaped buffer and site plan review.
(1) A minimum 100-foot screened and landscaped buffer from all adjacent properties is required.
(2) All kennel uses shall comply with the site plan review requirements of this chapter.
(Ord. 2012-06, § 6.4.54, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.175 DROP-OFF RECYCLING COLLECTION.
Facilities providing recycling collection drop-off centers shall comply with the site plan review procedures contained within this chapter.
(Ord. 2012-06, § 6.4.55, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.176 AIRPORTS, HELIPORTS, AND OTHER AIRCRAFT FACILITIES.
Facilities providing landing and/or takeoff areas, service, hanger, or storage for aircraft, helicopters, lighter than air aircraft, hot-air balloons, or other similar craft, must comply with the planned development procedures contained within this chapter.
(Ord. 2012-06, § 6.4.56, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.177 SPECIALIZED MANUFACTURING.
(A) In zoning districts subject to condition (C), a structure or structures used for specialized manufacturing shall have a maximum floor area of 2,000 square feet and shall have no more than five non-resident employees.
(B) All activities related to the specialized manufacturing use shall be confined to a structure that is entirely enclosed.
(C) All specialized manufacturing uses shall comply with the site plan review requirements of this chapter.
(Ord. 2012-06, § 6.4.57, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013; Ord. 2016-01, passed 4-21-2016)
§ 153.178 SWEETGRASS BASKET STANDS.
Vehicle parking for sweetgrass basket stands shall be located entirely out of all travel lanes with a minimum of four feet of clearance between the edge of the travel lane and any parked vehicle or sweetgrass basket stand.
(Ord. 2012-06, § 6.4.58, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.179 TATTOO FACILITIES.
(A) Tattoo facilities shall be prohibited within 1,000 feet of a church, school, or playground. This distance shall be the shortest route of the ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground.
(B) All proposed tattoo facilities located within 1,000 feet of a property line of a lot in a residential zoning district, or a lot containing a residential use shall require review and approval in accordance with the special exception procedures of this chapter. The distance shall be measured from the nearest property line of the subject parcel to the nearest property line of a lot containing a residential use or located in a residential zoning district.
(C) All proposed tattoo facilities may only provide tattooing and may not engage in any other retail business including, but not limited to, the sale of goods or performing any form of body piercing other than tattooing.
(D) All proposed tattoo facilities shall comply with all regulatory requirements of the state.
(E) Tattoo facility uses shall comply with the site plan review requirements of this chapter and all other applicable provisions of this chapter and all other applicable laws, rules, and regulations.
(F) When the provisions of this chapter require that neighbor notice be provided, the requirements of § 153.040(G)(2)(c) shall apply with the exception that all property owners within 1,000 feet of the subject property shall be included in the neighbor notice.
(Ord. 2012-06, § 6.4.59, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)
§ 153.180 WINERIES.
(A) All winery uses shall comply with the site plan review requirements of this chapter.
(B) Special exception procedures shall apply for parcel(s) totaling less than five acres in size.
(C) Prior to site plan review approval the applicant shall provide a copy of an approved permit from the State Department of Revenue, Alcohol Beverage Licensing. All winery uses shall also comply with applicable agency requirements such as DHEC requirements.
(D) The following uses and activities are permitted at a winery after completion of the site plan review process:
(1) On-premise sale of wine and wine consumption; tasting room and accessory retail limited to 1,500 square feet, days and hours of operation limited to Monday through Saturday from 10:00 a.m. to 7:00 p.m.;
(2) Daily tours limited to Monday through Saturday from 10:00 a.m. to 7:00 p.m.; and
(3) Special events, including festivals; limited to five special event permits per calendar year, no more than ten consecutive days. Special events permits shall be issued only if adequate parking and sanitary facilities are provided to serve the proposed use or activity in accordance with the requirements of this chapter.
(Ord. 2012-06, § 6.4.60, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)