The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense shall include the future, the singular number shall include the plural; the term "shall" is mandatory and not directory; the term "used" or "occupied" includes the term "intended," "designed," or "arranged to be used or occupied"; the term "lot" includes the term "plot" or "parcel"; and the term "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as individual. Any term not herein defined shall be as defined in any standard English dictionary or in the New Illustrated Book of Development Definitions (Moskowitz and Lindbloom).

Abandoned means not only cessation of use but also that the circumstances surrounding the discontinuance are indicative of an intention to abandon the use and the vested rights therein.

Access means a means of vehicular or pedestrian approach or entry to or exit from property.

Adult uses. See section 44-529.

Aircraft means any contrivance used or designated for navigation of or flight in the air by one or more persons.

Airport means an area of land or water that is designed or used on a recurring basis for the landing and takeoff of aircraft, except that an airstrip shall not be considered an airport.

Airstrip means an area of land or water, located on private property, which the owner of such land uses (or authorizes the use of) for the landing and takeoff of not more than two aircraft owned or leased by the owner of such property or aircraft engaged in crop dusting of land owned or leased by the owner of the airstrip and which airstrip is not used in connection with flying lessons or the rental or sale of aircraft, parts, or fuel.

Antenna means equipment designed to transmit or receive electronic signals.

Automatic teller machine, freestanding, means a machine or device through which a customer can conduct certain banking transactions, and which is not located on the same lot as the bank or financial institution with which such machine is associated. The purpose of this definition is to distinguish between teller machines operated as accessory uses to banks located in principal buildings where customers can choose to do their banking either inside the building or at the teller machine, and teller machines that are totally separate from bank buildings and therefore generate additional traffic.

Backyard composting means the on-site composting of yard waste from residential, commercial, or industrial property by the owner or tenant for nonrevenue-generating use when all materials are generated and composted on site.

Bed and breakfast means a use that takes place within a building that, before the effective date of the ordinance from which this chapter is derived, was designed and used as a single-family detached dwelling, that consists of a single dwelling unit together with the rental of one or more dwelling rooms on a daily or weekly basis to tourists, vacationers, or similar transients, where the provision of meals, if provided at all, is limited to the breakfast meal for guests, and where the bed and breakfast operation is conducted primarily by persons who reside within the dwelling unit, with the assistance of not more than the equivalent of one full-time employee.

Biodegradable means capable of being decomposed by natural biological processes.

Boardinghouse means any dwelling or that part of any dwelling containing one or more rooming units, in which meals or lodging and meals can be had for pay by the owner or operator to three persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.

Buildable area means the portion of the lot remaining after required yards have been provided and after the limitations of any pertinent environmental regulations have been applied. Buildings may be placed in any part of the buildable area, but if there are limitations on percent of the lot which may be covered by buildings, some open space may be required within the buildable area.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, process, equipment or goods.

Building, accessory, means a structure attached to or detached from a principal building on the same lot and customarily incidental in use to the principal building.

Building, principal, means a building in which is conducted the principal use of the lot.

Building setback line means a line establishing the minimum allowable distance between the nearest portion of any building, excluding steps, gutters and similar fixtures, and the property line when measured perpendicularly thereto.

BZA means the city board of zoning appeals.

Certificate of occupancy means a statement, signed by a zoning enforcement official, setting forth that the building, structure or use complies with this chapter and that the same may be used for the purpose stated herein.

Certify. Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the city, the city may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstances warrant it, or the city may require that the certification be in the form of a letter or other document.

Children's home means a dwelling which offers substitute parental care and guidance to children; and provides these children with an environment of a secure, stable and nurturing quality that will encourage growth and development of a physical, social and academic nature.

City means the City of Lancaster, South Carolina.

Cluster development means a tract of land, at least three acres in area, under single, corporation, firm, partnership or association ownership, planned and developed as an integral unit, in a single development operation or a definitely programmed series of development operations and according to an approved development plan for cluster development.

Commercial meat production centers means a commercial enterprise where poultry (e.g., turkeys, chickens, ducks, geese, or other domestic fowl), hogs, or rabbits are raised in large numbers (exceeding on a regular basis 25 hogs or rabbits or 50 fowl), usually in relatively confined quarters, for sale as meat.

Common open space means a parcel of land or an area of water or a combination of land and water within a development and designated and intended for the use and enjoyment of residents of the development or the general public, not including streets or off-street parking areas, and shall be substantially free of structures but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of residents.

Community center means a publicly sponsored, nonprofit indoor facility providing for one or several of various types of recreational uses. Facilities in a community center may include, but are not limited to, gymnasiums, swimming pools, indoor court areas, meeting/activity rooms, and other similar uses. For the purposes of this section, the term "publicly sponsored" means that a significant investment by the county or a municipality is involved in some fashion in the facility's development or operations.

Compost means the humus-like product of the process of composting waste.

Composting means the process of making compost.

Composting facility means any facility used to provide aerobic, thermophilic decomposition of the solid organic constituents of solid waste to produce a stable, humus-like material.

Composting pad means a surface, whether soil or manufactured, where the process of composting takes place, and where raw and finished materials are stored.

Condominium means the ownership of single units in a multiple-unit structure with common areas and facilities.

Condominium unit means an enclosed space consisting of one or more rooms occupying all or part of a floor or one or more floors or stories in a building, intended for any independent use, and with a direct exit to a public street or highway, or to a common area leading to such street or highway.

Conforming uses. After the effective date of the ordinance from which this chapter is derived, structures or the uses of land or structures which then conform to the regulations for the district in which land structures or uses are located may be continued, provided that any structural alteration or change in use shall conform to the regulations herein specified.

Construction and demolition debris means discarded solid waste resulting from construction, remodeling, repair and demolition of structures, road building, and land clearing. The waste includes, but is not limited to, bricks, concrete, and other masonry materials, soil, rock, lumber, road spoils, paving material, and tree and brush stumps, but does not include solid waste from agricultural or silvicultural operations.

Convenience center means the combination of structures, machinery, or devices utilized to separate, process, and store collected solid waste and recyclables so that component materials or substances or recoverable resources may be used later as a raw material or energy source. Operation is limited to the public disposal and deposition of solid waste and recyclables. Municipal and industrial disposal is excluded.

Convenience store means a retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). Convenience stores are designed to attract and depend upon a large volume of stop and go traffic.

Council means the city council.

CPC means thew city planning commission.

Craft shop means any building or structure in which as business or industry involving a manual trade or occupation requiring an artistic skill is conducted. The term "craft shop" includes, but is not limited to, painting, basket weaving, the making of curios, etc.

Cul-de-sac means a street that terminates in a vehicular turn-around.

Day care center, adult, means a day care facility providing day care on a regular basis for more than two hours per day for more than five people.

Day care center, child, means a day care facility providing day care on a regular basis for more than two hours per day for more than five children.

Dedication means the transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less than fee interest, including an easement.

Developed lot or parcel means a lot or parcel which contains improvements, according to records in the tax assessor's office of receipt of a valid building permit in said amount.

Developer means a person who is responsible for any undertaking that requires a zoning permit, sign permit, special exception permit, or plat approval.

Development means that which is to be done pursuant to a zoning permit, sign permit, special exception permit, or plat approval.

Disabled, aged, or infirm institution means a facility that provides residential care for more than nine aged or disabled persons whose principal need is a home with the sheltered or personal care their age or disability requires. Medical care at such a facility is only occasional or incidental, such as may be required in the home of any individual or family, but the administration of medication is supervised. The residents of such a facility do not occupy separate dwelling units, and this distinguishes such a facility from a multifamily development occupied by the elderly or disabled.

Disabled person means a person with a temporary or permanent physical, emotional, or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but not including mentally ill persons who are dangerous to others.

Disposal means the discharge, deposition, injection, dumping, spilling, or placing of any solid waste into or on any land or water, so that the substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.

District means any section of the city zoning area in which zoning regulations are uniform.

Drainage facility means any temporary or permanent natural or manmade facility utilized to divert, convey, or store stormwater runoff. Such facilities shall include, but are not limited to, drainage pipes and culverts, swales and ditches, intermittent and permanent streams, catchbasins, drainage junction boxes and manholes, yard inlets, retention and detention basins and ponds, curbing which will carry runoff, dams and weirs, and culvert outlet stabilization and protection devices.

Dripline means a perimeter area formed by the point farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground directly beneath it.

Drive-in restaurant means any place used for the sale, dispensing or serving food, refreshments or beverages to customers in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.

Drive, private. See Private drive.

Duplex. See Residence, duplex.

Dwelling means any building used exclusively for human habitation, including any permitted home occupation but excluding hotels or motels.

Dwelling unit means one or more rooms with cooking and toilet facilities used as a place of residence for one family.

Expenditure means a sum of money paid out in return for some benefit or to fulfill some obligation. The term "expenditure" also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

Family means one or more persons related by blood, marriage, adoption, or guardianship, not more than five persons not related, occupying a dwelling unit and living as a single housekeeping unit, and not more than nine mentally or physically handicapped persons for whom care is provided on a 24-hour basis, in accord with S.C. Code 1976, § 6-29-770.

Family care home means a home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than five resident aged, infirm, or handicapped persons.

Floodplain means a normally dry land area subject to periodic inundation by water as defined by the Federal Emergency Management Agency on flood boundary and floodway maps for the city, the most recent edition available.

Floor means the top surface of an enclosed area in a building (including basement) (i.e., top of slab in concrete slab construction or top of wood flooring in a frame construction). The term "floor" does not include the floor of a garage used solely for parking vehicles.

Game room means any establishment or use of property where pool or billiards, bingo, foosball, table tennis, shuffleboard, video game machines or any other games of recreation or amusement are provided for public patronage, where the insertion of a coin, slug, or token or the payment of a fee is required.

Gross floor area means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Gross leasable area means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Groundwater means water beneath the land surface in the saturated zone.

Group home means a residential home provided by an agency or organization for persons who need sheltered living conditions for rehabilitation or extended care purposes.

Hazardous waste means waste materials defined as hazardous in the South Carolina Solid Waste Management Act.

High density multifamily development means a residential housing development consisting of one or more multiple-family dwellings or two or more two-family dwellings located on a single tract of land in which the lot area requirement is less than that normally required in the zoning district in which the development is located because of the nature of the intended residential use, developed under an approved site plan in a single development operation or a definitely programmed series of development operations.

Historic restaurant means an eating establishment whose primary function is the sale, dispensing or service of food, refreshments and beverages to customers in an inside dining area, which utilizes an existing structure in conformance with all applicable zoning regulations of the district in which it is located. Extensions of such structures shall be architecturally compatible with the surrounding area as determined by the planning commission and shall be in compliance with the governmental health and safety regulations.

Home occupation means any use of principal and accessory buildings clearly incidental to their uses for dwelling purposes and conducted for compensation by a resident thereof, within a residential district and meeting the requirements of article III of this chapter.

Impervious surface ratio means a measure of the intensity of land use. The impervious surface ratio is determined by dividing the total area of all impervious surfaces within the site by the total site area.

Institutional uses means uses which are supportive of the residential community. Institutional uses provide indoor space for recreation, hobbies, meetings, education, and worship, as well as cultural facilities, group quarters for religious groups and the infirm or elderly and boardinghouses. While some uses may be operated for private profit, they duplicate services that are generally provided by public or nonprofit groups. These uses include roominghouses, day or youth camps, cemeteries, churches, community or recreational centers, convents, day care centers, group dwellings, gymnasiums, halfway houses, libraries or museums, nursing homes, indoor recreational centers, public or private schools, schools or homes for physically or mentally handicapped, indoor skating rinks, indoor swimming pools, tennis, racquetball, handball courts, and all other institutional, indoor recreational, and special residential uses.

Intermediate care institution means an institutional facility maintained for the purpose of providing accommodations for persons needing medical care and supervision at a lower level than that provided in a nursing care institution, but at a higher level than that provided in institutions for the handicapped or infirm.

Intermittent stream means a stream or portion of a stream that flows only in direct response to precipitation. Intermittent streams receive little or no water from springs and only temporary supply from melting snows or other sources. Intermittent streams are dry for a large part of the year.

Junk or salvage yard means the use of more than 600 square feet of any lot or parcel for the storage or sale of wastepaper, rags, scrap, metal or other junk, including storage of vehicles and machinery or dismantling of such vehicles or machinery; also salvage yard.

Kennel, commercial, means an establishment where small animals are boarded for compensation, or where small animals are raised and/or bred on a commercial scale for sale as pets.

Land clearing debris means solid waste which is generated solely from land clearing activities, but does not include solid waste from agricultural or silvicultural operations.

Lien means a legal right to claim or dispose of property in payment of or as security for a debt.

Lot means a single parcel or tract of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot. The permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this chapter.

Lot, corner, means a lot abutting upon two or more streets at their intersection, or upon two parts of the same street, forming an interior angle of less than 135 degrees. The point of intersection of the street lines or of the street lines as extended is the corner.

Lot, double frontage, means a lot which extends through a block, having frontage on two streets.

Lot, zoning, means a parcel of land which is indicated by the owner, at the time of application for a building or zoning permit, as being that land which he proposes to develop under one ownership.

Lot area means the total area contained within the boundary lines of a lot, except that when the legal instrument creating a lot shows the boundary of the lot extending to the center of a public street right-of-way or into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or a line running parallel to and 30 feet from the center of the traveled portion of the street if the right-of-way line cannot be determined, and in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

Lot depth means the average horizontal distance between the front and rear property lines of a lot.

Lot line means a line bounding a lot which divides one lot from another or from a street or any other public or private space.

Lot line, front, means that line which separates the lot from all street rights-of-way.

Lot line, rear, means the lot line which is opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot, a line ten feet in length entirely within the lot, parallel to and at the maximum distance from the front lot line, or chord thereof if the front lot line is curved, shall be considered as the rear lot line for purposes of determining the required rear yard. In case where neither of these conditions is applicable, the building official shall designate the rear line.

Lot of record means a lot which exists as shown or described on a plat or deed in the records of the county clerk of court.

Lot width means the distance between the side lot lines as measured along a straight line parallel to the front lot line or parallel to the chord thereof and at a distance no further than the setback from the street right-of-way line as specified for the applicable district.

Manufactured home means a factory-assembled structure, made so as to be transportable as a unit or units in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling, with or without a permanent foundation, when connected to required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. Recreational vehicles are not to be considered mobile homes. Except as provided in section 44-105, a mobile home shall be considered a mobile home whether or not the wheels have been removed and whether or not set on jacks, skirtings, masonry blocks or other supports.

Manufactured home, multi-wide, means a mobile home built and transported on two or more separate chassis, designed to be joined together at the point of use to form a single dwelling.

Manufactured home, single-wide, means a mobile home built and transported on a single chassis.

Manufactured home park means:

(1)

A residential use in which more than two manufactured homes are located on a single lot.

(2)

Any place, area or tract of land maintained, offered or used for parking of two or more mobile homes used or intended to be used for living or sleeping purposes, regardless of whether or not a charge is made for such accommodations.

Manufactured home space means that portion of land in a mobile home park allotted to or designed for the accommodation of one mobile home.

Modular home means a dwelling unit constructed in accordance with the standards set forth in the International Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the International Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

Motor vehicle means every self-propelled vehicle designed to run upon the highways and every vehicle designed to run upon the highways that is pulled by a self-propelled vehicle, except that a manufactured home or modular home shall not be regarded as a motor vehicle.

Mulch means wood chips, leaves, straw, etc., spread on the ground around plants to prevent evaporation of water from soil, freezing of roots, etc.

Multiple-family development means a residential housing development consisting of one or more multiple-family dwellings or two or more two-family dwellings located on a single tract of land developed under an approved site plan in a single development operation or a definitely programmed series of development operations.

Municipal solid waste means any solid waste resulting from the operation of residential, commercial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service. The term "municipal solid waste" includes yard trash and industrial solid waste.

New uses or construction. After the effective date of the ordinance from which this chapter is derived, any new construction or uses of land shall conform to the use and dimensional requirements for the district in which it is to be located.

Nonconforming means lots, structures, signs, uses of land and structures, and characteristics of uses which are prohibited under the terms of this chapter but were lawful on the date of enactment of the ordinance from which this chapter is derived.

Nonconforming lot means a lot of record at the time of passage of the ordinance from which this chapter is derived which does not meet the requirements for area or width generally applicable in the district in which such lot is located.

Nonconforming structure means a structure which existed lawfully at the time of the adoption of the ordinance from which this chapter is derived and would otherwise be in violation of this chapter by reason of failure to comply with the following provisions of this chapter:

(1)

Height limitation.

(2)

Lot area.

(3)

Dimensional requirements.

(4)

Accessory building setback.

(5)

Off-street parking.

(6)

Off-street loading.

Such nonconformities are permitted to continue until they are removed, but their survival, enlargement or extension is not encouraged.

Nonconforming uses means a land use or structure which existed lawfully at the time of the adoption of the ordinance from which this chapter is derived and which does not conform with the permitted uses for the zoning district in which it is situated. Such nonconformities are permitted to continue until they are removed, but their survival, enlargement or extension is not encouraged.

Nonresidential use means a principal use of land for other than residential purposes, (i.e., commercial, industrial, institutional).

Nursing care institution means an institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

Open dumping means any solid waste disposal activity that is not permitted.

Open space.

(1)

The term "open space" means an area that is:

a.

Not encumbered with any substantial structure;

b.

Not devoted to use as a roadway, parking area or sidewalk;

c.

Not part of any privately owned lot; and

d.

Legally and practicable accessible to the general public or to the residents of the development where the open space is located.

(2)

Narrow strips of common area that separate lots within a development from each other, from streets, or from adjoining tracts shall generally not be regarded as open space unless such areas are:

a.

At least 50 feet in width and capable of functioning as a substantial visual buffer; and

b.

Configured and/or improved (i.e., through the installation of trails) in such a way as to be conducive to actual use for passive recreational purposes (i.e., walking or jogging) by residents of the development where located.

(3)

The following areas may be regarded as open space if such areas satisfy at least the criteria set forth in subsection (1)a through c of this definition:

a.

Utility easements outside of street rights-of-way;

b.

Cemeteries located on a tract prior to its development; and

c.

Golf courses constructed as part of a residential development (exclusive of buildings, parking areas and maintenance areas).

Open space ratio means a measure of the intensity of land use. Open space ratio is arrived at by dividing the total amount of open space within the site by the total site area.

Outside display of goods for sale or rent means a display outside of a fully enclosed building of the particular goods or pieces of merchandise or equipment that are themselves for sale. Outside display is to be distinguished from outside storage of goods that are not prepared and displayed for immediate sale or rent.

Owners. See Property owners.

Parcel. See Lot.

Perennial stream means a stream that flows continuously during most or all of the year.

Permittee and/or licensee means a person in whose name a permit and/or license to operate an establishment has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Plat means a map showing a plan for the development of land which is submitted for approval and is ultimately submitted in final form for recording at the clerk of court's office.

Private recreational area means a recreation area owned and maintained by members and operated as a nonprofit organization.

Private drive. For single-family residential developments of three or fewer lots, private drives shall meet all SCDOT specifications except paving. Six inches of crusher run stone may be substituted in lieu of paving in the above-mentioned circumstances. All other developments utilizing private drives shall meet SCDOT specifications, including paving unless specifically exempted by this chapter.

Property owners means those listed as owners of property on the records of the county assessor's office.

Real estate means a piece, lot, or parcel of land and all the physical property related to it, including houses, fences, landscaping, and all the rights to the air above and earth below the property.

Recreational vehicle means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper and motor home.

Recyclable material means those materials which are capable of being reused or transformed into a new product and which would otherwise be processed or disposed of as solid waste.

Recycling facility means any building or premises in which or on which materials which would otherwise become solid waste are collected, separated, or processed for reuse.

Religious institution means a church, mosque, synagogue, temple or other place of religious worship, including any accessory use or structure, such as a school, office, day care, or dwelling located on the same lot.

Repair shop means any building or structure in which the repair and maintenance of goods and products is conducted and rendered. This includes, but is not limited to, cars, electrical appliances, furniture, etc.

Residence, duplex, means a two-family residential use in which the dwelling units share a common wall (including, without limitation, the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.

Residence, multifamily, means a residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).

Residence, multifamily apartments, means a multifamily residential use other than a multifamily conversion or multifamily townhome.

Residence, multifamily conversion, means a multifamily residence containing not more than four dwelling units, that results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of the ordinance from which this chapter is derived and that was originally designed, constructed and occupied as a single-family residence.

Residence, multifamily townhome, means a multifamily residential use in which each dwelling unit shares a common wall (including, without limitation, the wall of an attached garage or porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.

Residence, primary with accessory apartment, means a residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than 25 percent of the gross floor area of the building up to a maximum of 750 square feet.

Residence, single-family detached, means a residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units.

Residence, temporary emergency, construction, or repair, means a residence (which may be a manufactured home) that is located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; is located on the same lot as a residence that is under construction and occupied by the persons intending to live in such permanent residence when the work is completed; or is located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.

Residence, two-family apartment, means a two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment.

Residence, two-family conversion, means a two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of the ordinance from which this provision is derived and that was originally designed, constructed, and occupied as a single-family residence.

Resource recovery means the process of obtaining material or energy resources from solid waste which no longer has any useful life in its present form and preparing the waste for recycling.

Resource recovery facility means a combination of structures, machinery, or devices utilized to separate, process, modify, convert, treat, or prepare collected solid waste so that component materials or substances or recoverable resources may be used as a raw material or energy source.

Restaurant means an eating establishment, whose primary function is the sale, dispensing or service of food, refreshments and beverages to customers in an inside dining area.

Right-of-way means land dedicated to a public entity or utility for maintenance or other public purposes.

Roominghouse. See Boardinghouse.

Runoff means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Satellite dish means an antenna and attendant processing equipment for reception of electronic signals from satellites. Satellite dishes are generally regarded as accessory uses to residential uses.

SCDHEC means the South Carolina Department of Health and Environmental Control.

SCDHEC-EH means the South Carolina Department of Health and Environmental Control—Environmental Health.

SCDHEC-EQC means the South Carolina Department of Health and Environmental Control—Environmental Quality Control.

SCDOT means the South Carolina Department of Transportation.

Senior citizens project means a multiple-family development operated publicly, semipublicly or privately, in which occupancy is restricted to persons 62 years of age or older.

Service station means an establishment used for the servicing of automobiles, including the sale of gasoline, oil, grease and minor accessories, and washing and polishing, but excluding the sale of automobiles, body repairing, major motor repairing and painting.

Shopping center means an establishment used for the servicing of automobiles, including the sale of gasoline, oil, grease and minor accessories, and washing and polishing, but excluding the sale of automobiles, body repairing, major motor repairing and painting.

Signs. See article X of this chapter.

Silvicultural waste means waste materials produced from the care and cultivation of forest trees, including bark and woodchips.

Solid waste means any garbage, refuse, or sludge from a waste treatment facility, water supply plant or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. The term "solid waste" does not include solid or dissolved material in domestic sewage, recovered materials, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1964, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations or refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.

Solid waste management facility means any solid waste disposal area, volume reduction plant, transfer station, or other facility, the purpose of which is the storage, collection, transportation, treatment, utilization, processing, recycling, or disposal, or any combination thereof, of solid waste. The term "solid waste management facility" does not include a recovered materials processing facility or facilities which use or ship recovered materials, except that portion of the facilities which is managing solid waste.

Solid waste storage means the containment of solid waste, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such solid waste; provided, however, that storage in containers by persons of solid waste resulting from their own activities on their property, leased or rented property, if solid waste in such containers is collected at least once a week, shall not constitute storage for purposes of this chapter. The term "solid waste storage" does not apply to containers provided by or under the authority of the county for the collection and temporary storage of solid waste prior to disposal.

Solid waste transport means the movement of solid waste from the point of generation to any intermediate point and finally to the point of ultimate processing, treatment, storage, or disposal.

Special events means circuses, fairs, carnivals, festivals, or other types of special events that run for not longer than two weeks, are intended to or likely to attract substantial crowds, and are unlike the customary or usual activities generally associated with the property where the special event is to be located.

Special exception means a use that is subject to mandatory review at a public hearing held by the board of zoning appeals to ensure compliance with all terms and conditions as outlined in this chapter, and which may have additional conditions imposed upon it as the board deems necessary.

Stream means a body of water flowing in a natural surface channel; flow may be continuous or only during wet periods.

Street means a public or private way used primarily for providing direct access to abutting property.

Collector means a public way designed primarily to connect residential service streets with major thoroughfares or to provide a direct connection between two major thoroughfares and may be expected to carry a significant volume of traffic having neither origin nor destination on the street.

Major thoroughfare means a federal or state highway designed primarily for the movement of large volumes of traffic from one area to another.

Residential service means a public or private way used primarily for providing direct access to abutting property.

Structural alteration means any change in the supporting members of a building, such as the bearing walls, beams, or girders, or any change in the dimension or configuration of the roof or exterior walls.

Structure means anything constructed or erected which has a permanent or semi-permanent location on the ground or the attachment to something having a permanent location on the ground. The term "structure" includes tents, bleachers, swimming pools or other similar objects, including fallout shelters and satellite antenna receiving dishes. For the purpose of this chapter, the term "structure" does not include landscape features such as ornamental pools, planting boxes, sculptures, birdbaths, open terraces, walkways, driveways, walls or fences, recreational equipment, flagpoles, mailboxes or bus shelters.

Subdivision means and includes all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease or building development, and includes all division of land involving a new street or a change in existing streets and includes resubdivision which would involve the future division or relocation of lot lines of any lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law and includes combinations of lots of record.

Surface water means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within territorial limits, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private.

Tire recycling means any process by which waste tires, processed tires, or residuals are reused or returned to use in the form of products or raw materials.

Tourist home means a use that consists of at least one dwelling unit together with one or more rooms that are rented out on a daily or weekly basis (with or without board) to tourists, vacationers, or similar transients, but which rooms, individually or collectively, do not constitute separate dwelling units, and where the dwelling unit is occupied by the owners or operators of the tourist home business.

Tower means any structure whose principal function is to support an antenna.

Tract means an area, parcel, site, piece of land, or property that is the subject of a development application. See Lot.

Transfer station means a combination of structures, machinery, or devices at a central collection place or facility where solid waste is taken from municipal and private industrial collection vehicles and placed in other transportation units, with or without volume reduction, for movement to another solid waste management facility.

Travel trailer means any vehicle mounted on wheels but not self-propelled and not more than 26 feet in length, designed and intended to serve primarily as short-term shelter.

Tree, canopy, means a deciduous tree that forms the top layer of vegetation in a forest. Examples of such trees include oaks, hickories, maples, poplars, and others. Such trees shall grow to between 40 and 80 feet in height at maturity.

Tree, evergreen, means a tree that remains green throughout the year.

Tree, understory, means a small deciduous tree that forms the layer of vegetation under the canopy trees in a forest. Examples of such trees include dogwoods, sourwoods, fruit trees, and others. Such trees shall grow to between 20 and 40 feet in height at maturity.

Tree diameter means the width of a tree's trunk measured 4½ feet above the ground.

Untreated woodwaste means wood that has not undergone any type of treatment for preservation, etc.

Use means the purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, accessory, means a use of land or of a building or portion thereof customarily incidental to the principal use of the land or building and located on the same lot with such principal use.

Use, principal, means the specific primary purpose for which land is used as listed in the table of permissible uses.

Utility facilities means any structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Exempted from this definition are utility lines and supporting structures listed in article III of this chapter.

Utility facilities, neighborhood, means utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.

Utility facilities, regional, means all utility facilities other than neighborhood facilities.

Utility, public, means any agency which, under public franchise or ownership, provides the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other service.

Variance, zoning, means a grant of permission by the board of zoning appeals that authorizes the recipient to do that which, according to the strict letter of this chapter, he could not otherwise legally do.

Video game machine means an electronic video game machine that, upon insertion of coins, tokens or cash, is available to allow play or simulation of the play of games utilizing a video display and microprocessors in which the player may receive extended play, free games or credits that can be redeemed for prizes or cash.

Video game machine establishment means any establishment or use of property where one or more electronic video game machines in which credits can be redeemed for cash or prizes are located.

Waste tire collection site means a permitted site, or a site exempted from the permit requirement, used for the temporary storage of waste tires prior to treatment or recycling.

Waste tire disposal facility means a site where waste tires are disposed of by burial or are recycled.

Waste tire processing facility means a site where equipment is used to recapture reusable byproducts from waste tires or to cut, burn, or otherwise alter whole waste tires so that they are no longer whole. The term "waste tire processing facility" includes mobile waste tire processing equipment.

Waste tire site means an establishment, site or place of business, without a collector or processor permit, that is maintained, operated, used, or allowed to be used for the disposal, storage, or depositing of unprocessed used tires, but does not include a truck service facility which meets the following requirements:

(1)

All vehicles serviced are owned or leased by the owner or operator of the service facility;

(2)

No more than 200 waste tires are accumulated for a period of not more than 30 days at a time;

(3)

The facility does not accept any tires from sources other than its own; and

(4)

All waste tires are stored under a covered structure.

Waste tire treatment site means a permitted site used to produce or manufacture usable materials, including fuel from waste tires.

Wetlands means areas of one-quarter acre or more where standing water is retained for a portion of the year and unique vegetation has adapted to the area. Jurisdictional wetlands are those over which the U.S. Army Corps of Engineers has permitting jurisdiction.

Wholesale sales means on-premises sales of goods primarily to customers engaged in the business of reselling the goods.

Yard, front, means an area extending across the full width of the lot and lying between the front lot line and the setback line as required in the applicable district.

Yard, rear, means an area extending across the full width of the lot and lying between the rear lot line and a line parallel at a distance therefrom as required in the applicable district.

Yard, required, means the open space between a lot line and the buildable area within which no structure may be located except as otherwise provided in this chapter. All yards referred to in this chapter are minimum required yards.

Yard, side, means an area extending along the length of the lot between the required front yard and the required rear yard, and between the side lot line and line parallel thereto and a distance therefrom as required in the various districts.

Yard trash means solid waste consisting solely of vegetative matter resulting from landscaping maintenance.

Zoning permit means a permit issued by the building and zoning department that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

(Code 1991, § 31-311)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Generally, terms used in only one article are defined in a section within that article, and terms used only within a particular section are defined within that section.

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

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

(1)

Books, magazines, periodicals, or other printed material, photographs, films, motion pictures, videocassettes, video reproductions, slides or other visual representations which depict or describe specific anatomical areas or specific sexual activities;

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with specific sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale, rental or consideration of material depicting or describing specific anatomical areas or specific sexual activities and still be classified as an adult establishment;

Such other business purposes will not serve to exempt such commercial establishment from being classified as an adult establishment so long as one of its principal purposes is the offering for sale, rental, or consideration the specific materials which depict or describe specific anatomical areas or specific sexual activities.

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

(1)

Persons who appear in a state of nudity;

(2)

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

(3)

Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specific anatomical areas of specific sexual activities.

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

(1)

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

(2)

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

(3)

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

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

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

Adult uses include any establishment or use which sells, displays or exhibits materials, including books, magazines, movies, tapes, or photographs, as one of its principal business purposes, which appeal prurient interests, contains patently offensive depictions of sexual conduct, and have no serious literary, artistic, political, or scientific value.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other form of consideration.

Nude model studio means any place where a person who appears in a state of nudity or displays specific anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nudity ora state or nudity means the appearances of a human bare buttock, anus, male or female genitals, or entire female breast without a fully opaque cloth covering over the entire nipple and areola.

Permittee and/orlicensee means a person in whose name a permit and/or license to operate an adult establishment has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

Semi-nude means a state of dress in which clothing covers no more than the male or female genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

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

(1)

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

(2)

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

Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult motel, adult movie theater, adult video store, escort service, escort motel, or sexual encounter center.

Sexually oriented establishment means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The additions of any sexually oriented business to any other existing sexually oriented business;

(4)

The relocation of any sexually oriented business.

Specific anatomical areas means the male genitals in a state of sexual arousal and/or more intimate parts of the female genitals.

Specific sexual activities means and includes any of the following:

(1)

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

(2)

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

(3)

Masturbation, actual or simulated;

(4)

Excretory function as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

(Code 1991, § 31-312)