In all zone districts, any permitted activity and every structure associated therewith shall comply with every standard enumerated within this Chapter as applicable. When any activity or building or structure associated thereto is expanded, enlarged or reconstructed, the applicable performance standards shall apply with respect to such expansion, enlargement or reconstruction. The provisions of this Chapter shall not apply to the temporary construction, excavation, grading, and demolition activities which are necessary and incidental to the development of activities on the same zone lot, on another of several zone lots being developed at the same time, or on the public right-of-way or easement for the use of the general public. In the case of conflict between the performance standards established herein and any rules or regulations adopted by any other governmental agency, the more restrictive shall apply.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Editor's note— Ord. 2022-3, § 1(Att.), passed March 7, 2022, designated the above provision as § 155.12.01, inasmuch as said section numbering already exists below, this section has been renumbered at the discretion of the editor.

"Decibel" means a unit of intensity of sound pressure. The decibel scale is a logarithmic scale of ratios of pressure with respect to a reference point pressure of 0.0002 microbars, abbreviated as dB.

"Frequency" means the number of times a sound pressure fluctuation completely repeats itself in one second of time. Frequency is designated in cycles per second, abbreviated as cps.

"Impact noise analyzer" means an instrument to measure the peak sound pressure of an impact sound.

"Impact sound" means a sound produced by two (2) or more objects (or parts of a machine) striking each other, so as to be heard as separate distinct noises.

"Noise" means a subjective description of an undesirable or unwanted sound.

"Octave band" means a band of frequencies in which the upper limit of the band is twice the lower limit.

"Octave band analyzer" means an instrument to measure the octave band composition of a noise, by means of a bypass filter. It shall meet all requirements of the USASI. For the purposes of this Ordinance, the octave band analyzer shall be calibrated to the preferred frequency octave bands.

"Overall sound level" means total sound pressure level in the entire frequency spectrum between twenty (20) and twenty thousand (20,000) cycles per second.

"Sound" means repeat fluctuations of atmospheric pressure, which are audible to persons.

"Sound level meter" means an instrument to measure the overall sound level. It shall comply with applicable specifications of the USASI.

"Steady state" means a noise or vibration which is continuous, such as from a fan or compressor.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

For the purpose of measuring the intensity or frequency of sound, the sound level meter, octave band analyzer and the impact analyzer may be employed.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The maximum permitted sound pressure levels in decibels across property lines and district boundaries shall be in accordance with the following table:

For the purposes of this Ordinance, impact noises shall be considered to be those noises whose peak values are more than three (3) decibels higher than the values indicated on the sound level meter.

Between the hours of seven (7:00) p.m. and seven (7:00) a.m., all of the permissible noise levels indicated in the previous table for adjacent residential use or adjacent protected district boundaries shall be reduced by five (5) decibels.

Noises not directly attributable to an activity located on the same parcel are excluded from the above limitations (such as transportation activities on public roads).

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

"Displacement" means the amount of motion involved in earth-born vibration. It is referenced to the normal rest position of the earth and is, therefore, one-half (0.5) of the total excursion for a steady-state vibration. Displacement is usually reported in inches (or decimal fraction of an inch).

"Frequency" means the number of times that a displacement completely repeats itself in one second of time. Frequency is designated in cycles per second, abbreviated as cps.

"Impact vibration" means an earth-born vibration produced by two (2) or more objects (or parts of a machine) striking each other.

"Particle velocity" means a characteristic of vibration, which depends on both displacement and frequency. If not directly measured, it can be computed by the following formula: Particle velocity (inches per second) equals 6.28 times frequency (cycles per second) times displacement (inches).

"Steady state" means a noise or vibration which is continuous, such as from a fan or compressor.

"Vibration" means a reciprocating movement transmitted through the earth.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The instruments to be used for these vibration measurements shall be recording instruments that simultaneously record vibration in three (3) mutually perpendicular directions (vectors). They may record either particle velocity versus time or displacement versus time.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The maximum permitted vibration across property lines or district boundaries shall be in accordance with the following table. Numbers listed represent the maximum allowable particle velocity (inches/second), which shall be the vector sum of three (3) mutually perpendicular components recorded simultaneously.

For the purposes of this Ordinance, steady-state vibrations are vibrations which are continuous or vibrate in discrete impulses more frequent than sixty (60) per minute. Discrete impulses that do not exceed sixty (60) per minute shall be considered impact vibrations.

Between the hours of seven (7:00) p.m. and seven (7:00) a.m., all of the permissible vibration levels indicated in the previous table for adjacent residential use or protected district boundaries shall be reduced to one-half (0.5) of the indicated values.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

"Hazardous waste" means materials or substances that pose a threat to living organisms through chemical contamination of the ecosystem.

"Toxic matter" means materials or substances that, either singly or in combination with other materials or substances, through synergistic action, pose a threat to the health of human beings, either acutely or chronically.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The determination that a material or substance is either toxic or poses a threat as a hazardous waste shall be based upon the listing published by the Environmental Protection Agency under the Toxic Substances Control Act of 1976 and the rules and regulations promulgated for identification of such by the South Carolina Department of Health and Environmental Control (DHEC).

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Any facility proposing to locate within the corporate limits of the Town that would utilize toxic matter or produce hazardous waste in the process of manufacturing, fabricating, assembling, packaging or any related activity shall provide to the Approving Authority a certificate from either the Bureau of Solid and Industrial Waste Management or the Compliance and Enforcement Division of the NPDES Permits Administration of DHEC, or both, indicating compliance with the rules and regulations administrated by those agencies. Only until such certification is received from DHEC shall the facility be permitted for occupancy.

Nothing contained herein shall be intended to preempt or abrogate the requirements for a user of toxic material or generator of hazardous waste to adhere to the administration and procedural requirements of state or federal agencies with regard to environmental protection.

Any facility proposing to locate within the corporate limits of the Town that would utilize toxic material or produce hazardous waste shall provide a list of such toxic materials or hazardous wastes to the Town indicating the nature and amount of such material, the method of use or storage and any other pertinent information which might prove useful in firefighting or civil defense planning or emergency situations.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Notwithstanding the requirements of State and Federal agencies charged with the administration of the rules and regulations governing the operation of facilities utilizing toxic matter or generating or storing hazardous waste, any facility handling such identified material shall provide an on-site containment area for the material so that a leak or spill is contained entirely on the facility's property and thus prevented from entering the surface or subsurface drainage system, manmade or natural, which serves the Town. The responsibility for the review of the containment structure or device as to design and acceptability shall reside with the Approving Authority who may rely upon expertise provided by the Town's engineer or other agency as necessary to ascertain satisfaction that the proposed structure or device will provide compliance with the spirit and intent of this section.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Materials and substances considered as either toxic matter or hazardous waste shall be those contained within the listing published by the Environmental Protection Agency, as amended, under the provision of the Toxic Substances Control Act of 1976. A further listing of such materials is found in Regulation No. 61-79-1 of the Rules and Regulations for the State of South Carolina, appended to the 1976 Code of Laws for South Carolina, as amended.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Activities involving the storage, utilization or manufacture of materials or products that are considered detonable (non-nuclear), flammable or ignitable shall be subject to the rules and regulations of the South Carolina Department of Health and Environmental Control for such.

Activities proposing to handle materials identified as detonable, flammable or ignitable shall provide a list of such materials, their characteristics, storage methods and the like to the Director of Public Safety for the County. Such handling shall only be permitted upon the approval of the Director of Public Safety for the County in accord with the County's regulations for such. Vehicular fuels shall be stored in accordance with the following storage capacity limits.

Where aboveground storage is proposed in excess of one hundred thousand (100,000) gallons, a minimum distance of five hundred feet (500') shall be required from such storage to any property line.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The manufacture, storage or utilization of radioactive materials shall be in accord with the requirements of the South Carolina Department of Health and Environmental Control. Reference is made to Regulations 61-63 and 61-83, appended to the South Carolina Code of Laws, 1976 as amended.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

(A)

Definitions.

"Footcandle" means a unit of illumination. Technically, the illumination at all points one foot distant from a uniform point source of one candlepower.

"Glare" means the disturbing quality of direct illumination which, although not necessarily providing a measurable amount of light from a given vantage point, nonetheless is an attractive nuisance to the eye to the point of causing discomfort when viewed.

(B)

Lighting plans. It is strongly suggested that developers submit lighting plans to the Town for review to avoid enforcement action of noncompliant projects after they are constructed.

(C)

Limitation of illumination. In all zoning districts, any operation or activity producing light from a nonmobile source (cars, trucks and other vehicles traveling on the highways, etc., are exempt) shall not cause illumination in excess of one footcandle when measured in a Protected District or across the property line of an adjacent residential use, or onto the traffic lanes of public roads.

(D)

Limitation of glare. While it is impossible to totally eliminate glare, it is the intent of this Ordinance to reduce the effect as much as possible within reason. In all zoning districts, any activity potentially producing glare from a nonmobile source shall be constructed so that glare is not directed into a Protected District or across the property line of an adjacent residential use, or into traffic lanes of public roads. Such glare may be produced from a shiny surface, such as sunlight reflecting off a roof. Pole-mounted lighting fixtures are encouraged to be located along the perimeter of the area to be illuminated so that the direction of the light may be inward, away from the property lines. Certain fixtures, as determined by the Administrative Official, must be shielded to mitigate the effects of glare.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

No operation or activity shall be conducted in any zoning district that causes electrical disturbances to be transmitted across adjacent residential property lines or across the boundaries of Protected Districts.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Activities that produce smoke or particulate matter shall abide by the regulation of the South Carolina Department of Health and Environmental Control under authority granted by the Pollution Control Act. Reference is made to Regulation 61-62, appended to the South Carolina Code of Laws of 1976, as amended.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)