Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purpose of this ordinance, certain words or terms used herein are defined as follows:

The word "shall" is mandatory.

The word "may" is permissive.

The word "lot" includes the word "plot" or "parcel".

The word "structure" includes the word "building".

The word "person" includes a firm, association, organization, partnership, trust company, or corporation as well as an individual.

The word "used" or "occupied" as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy and shall be construed to include the words intended, arranged, or designed to be used or occupied.

The word "map" or "zoning map" shall mean the Official Zoning Map of the City of Liberty, South Carolina.

The term "Planning Commission" refers to the Liberty Planning Commission. The term "Council," "City Council," or "Mayor and Council" refer to the legally constituted and elected governing body of the City of Liberty. The term "Building Official" refers to that person so designated by the Council and so employed as the Building Official for the City of Liberty. The term "Board of Appeals" refers to the Zoning Board of Appeals of the City of Liberty.

1100.1 Accessory. A use of building subordinate to the principal building on a lot and used for purposes customarily incidental to the main or principal use or building and located on the same lot therewith.

1100.2 Alley. A secondary way that affords access to the side or rear of abutting property.

1100.3 Alteration of Building. Any change in the supporting members of a building (such as bearing walls, columns, or girders), any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.

1100.4 Automobile Service Station. Buildings and premises on any parcel or lot where gasoline, oils, greases, batteries, tires, or automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicle parts, and also where the following services may be rendered, and none other:

a)

sale and service of spark plugs, batteries, and distributors;

b)

tire repair and servicing, but no recapping;

c)

replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper blades, windshield wipers, grease retainers, and wheel bearings;

d)

washing and polishing;

e)

greasing and lubrication;

f)

exchanging fuel oil pumps and installing fuel lines;

g)

minor servicing and replacing of carburetors;

h)

emergency wiring repairs;

i)

adjusting and repair of brakes;

j)

minor repairs of engines, not involving removal of the head and/or crank case, or racing the motor;

k)

sale of cold drinks, packaged foods and other products targeted to the traveling public, as accessory only to the principal operation.

1100.5 Board House. Any dwelling in which three (3) or more persons either individually or as families are housed for rent with or without meals.

1100.6 Buildable Area. That portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district, within which the particular lot is located once the various front, side, and rear yard requirements for the District have been subtracted from the total lot area. For instructions related to the determination of Buildable Area, see Section 707.

1100.7 Building. A structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support or enclosure of persons, animals, or property of any kind.

1100.8 Building, Principal. A building in which is conducted the principal use of the lot on which said building is situated.

1100.9 Building Line. That line which represents the distance from which a building or structure must be set back from a lot boundary line or a street right-of-way line or a street centerline according to the terms of this Ordinance. In all cases, the building lines of a lot shall be determined to run parallel to and set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street centerlines, or other boundary lines.

1100.10 Camper. A mobile home, tent, trailer, or other self-contained vehicle, designed for recreational purposes, made of metal or other materials, mounted on two or more wheels and either self-propelled or rigged for towing, provided such vehicle is less than thirty (30) feet in length and is not used for residential purposes within the City of Liberty.

1100.11 Care Homes. A rest home, nursing home, convalescent home, home for the aged, or similar use established and operated on a profit or non-profit basis to provide lodging and/or meals and/or domiciliary care for aged, infirm, chronically ill, or convalescent persons.

1100.12 Clinic. An establishment where medical or dental patients, who are not lodged overnight, are admitted for examination or treatment.

1100.13 Communication Tower. A tower, pole or similar structure that supports a commercially operated telecommunications antenna above ground in a fixed location, freestanding, guyed, or on a building.

1100.14 Density. The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this Ordinance are expressed in dwelling units per net acre. That is per acre of land devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, school ground, or other public uses.

1100.15 District. The term applied to various geographical areas of the City of Liberty for the purpose of interpreting the provisions of this Ordinance. The districts are designated with the use of symbols on the Official Zoning Map. Regulations controlling land use in the various districts within the City of Liberty are set forth in Article V of this Ordinance. The terms "district" and "zoning district" are synonymous and are used interchangeably throughout this Ordinance.

1100.16 Dwelling. A building or portion of a building arranged or designed to provide living quarters for one (1) family, but not to include a tent, travel trailer, tourist home, hotel, or motel.

1100.17 Dwelling, One-Family. A detached dwelling other than a mobile home designed or occupied exclusively by one family on a single lot.

1100.18 Dwelling, Two-Family. A dwelling arranged or designed to be occupied by two (2) families in separate dwelling units living independently of each other on a single lot.

1100.19 Dwelling, Multi-Family. A building or series of buildings on the same lot or portions thereof used or designed as dwellings for three (3) or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. The terms "multiple-family" and "multi-family" are synonymous and are used interchangeably throughout this Ordinance.

1100.20 Dwelling Unit. One (1) or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a basis with provisions for cooking, eating, sleeping, and physically set apart from any other rooms and dwelling units in the same structure or another structure, intended and designed to provide living quarters to one family.

1100.21 Drive-In. A retail or service enterprise oriented to automobile driving patrons wherein service is provided to the consumer on the outside and/or inside of the principal building. The term "drive-in" includes drive-in restaurants, and dairy bars, theaters, banks, laundries, food stores, car washes, and other similar retail service activities.

1100.22 External Storage. Storage of materials, inventory, parts, machinery, or equipment outside of the primary building.

1100.23 Family. One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, or adoption, no such family shall contain over three (3) persons.

1100.24 Fee Simple Townhouse. An attached housing unit in which real land property is platted and converted to the titleholder of the housing unit.

1100.25 Fence. A substantial, continuous barrier aesthetically constructed and extending from the surface of the ground to uniform height of not less than six (6) feet. The finished side of the fence shall face the public and be constructed of treated lumber, stockade, masonry, chain link or other approved material. Fabric fences shall not be allowed.

1100.26 Floor Area Ratio. A number generated by dividing the total gross area (in square feet) of a structure by the total gross area (in square feet) of the parcel containing the structure.

1100.27 Garage, Private. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.

1100.28 Garage, Public. Any garage other than a private garage which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other vehicles.

1100.29 Garage, Repair. Buildings and premises designed or used for purposes indicated under "automobile service station" and/or major commercial repairs; provided that body work and painting shall be conducted within fully enclosed buildings and provided further that self-propelled vehicles in process of repair shall be stored in a fully enclosed and secluded area.

1100.30 Home Occupation. Any business activity conducted out of a dwelling. A home occupation shall include either a business operated on-site or a business in which the primary office, or storage facility is on-site but activities take place off-site.

1100.31 Hotel. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "hotel" includes the terms "motel" and "tourist court."

1100.32 Junk or Salvage Yards. The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage, or scrap materials; or the dismantling, demolition or abandonment of automobiles and other vehicles, machinery, equipment, or parts thereof.

1100.33 Junked Car. "Junked or abandoned vehicle" shall mean any vehicle without a current and valid license plate. A wrecked vehicle with a current license plate shall also be considered a junk vehicle.

1100.34 Loading Space, Off-Street. Space logically and conveniently located for pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

1100.35 Lot. An area designated as a separate and distinct parcel of land on a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House.

The terms "lot," "plot," "lot of record," "property," or "tract" whenever used in this Ordinance, are interchangeable.

1100.36 Lot, Corner. A lot located at the intersection of two (2) or more streets.

1100.37 Lot, Double Frontage. A lot which has frontage on more than one (1) street, provided, however, that no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three (3) or more streets.

1100.38 Lot, Interior. A lot, other than a corner lot, which has frontage on only one (1) street other than an alley.

1100.39 Lot Depth. The mean horizontal distance between front and rear lot lines.

1100.40 Lot of Record. An area designed as a separate and distinct parcel of land on a legally recorded subdivision plot or in a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House.

The terms "lot," "plot," "lot of record," "property," or "tract" whenever used in this Ordinance, are interchangeable.

1100.41 Lot Width. The distance between side lot lines measured at the front building line.

1100.42 Major Recreational Equipment. Equipment or vehicles used for recreational purposes, including but not limited to motor homes, recreational vehicles, campers, trailers, motorboats, sailboats, boat trailers, all terrain vehicles, off-road vehicles, motorcycles, snowmobiles, and bicycles.

1100.43 Mobile Homes. A movable or portable dwelling on wheels or on a permanent foundation of masonry units cemented together and supported on concrete footings; conforming to typical construction standards for the area of location. The unit is constructed to be towed on its own chassis and designed for year-round occupancy, which includes two (2) or more units separately towable but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit. All mobile homes under the jurisdiction of this Ordinance shall comply with the standards for mobile homes by the American National Standards Institute, Inc. (ANSI), A119.1 - 1969.

1100.44 Mobile Home Park. Premises where two (2) or more mobile homes are parked for living or sleeping purposes, or where spaces are set aside or offered for sale or rent for use for mobile homes for living or sleeping purposes, including any land, building, structure, or facility used by occupants or mobile homes on such premises.

1100.45 Mobile Home Space. A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.

1100.46 Motel. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests.

The word "motel" includes the terms "hotel" and "tourist court."

1100.47 Natural Material. Wood or other organic matter.

1100.48 Nonconforming Use. A structure of [or] land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this Ordinance or as the result of subsequent amendments to this Ordinance.

1100.49 Parking Lot. Any public or private open area used for the express purpose of parking automobiles and other vehicles, with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use. Otherwise, parking lots may be the principal use on a given lot or an accessory use to the principal use on a given lot.

1100.50 Parking Space. A space within a parking lot or on a single-family dwelling lot expressly provided for purposes of parking an automobile or other vehicle.

1100.51 Permanently Mounted. Attached securely to a building, wall, canopy, or the ground or pavement; by means of concrete, bolts, metal braces, treated wood, or cedar.

1100.52 Plot. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House.

The terms "lot," "plot," "lot of record," "property," or "tract" whenever used in this Ordinance are interchangeable.

1100.53 Residence. A building or portion of a building arranged or designated to provide living quarters for one (1) family.

The terms "dwelling" and "residence" shall be interchangeable.

1100.54 Service Station. See definition of "Automobile Service Station," 1100.4.

1100.55 Sign. The term "sign" shall mean and include every sign, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration, or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public, traveling along a public street right-of-way.

a)

Freestanding Sign Structure. A freestanding sign structure may contain a sign or signs on one (1) side only, or it may be a V-shaped structure or one containing signs back to back. A freestanding sign structure is one (1) sign.

b)

Sign Area. The area of a sign is the area of the face of the sign formed by a perimeter consisting of a series of straight lines enclosing all parts of the sign. The area of a freestanding sign structure is the area of the face or faces on one (1) side only.

c)

Business Identification Sign. A business identification sign is a sign that contains the name of the business enterprise located on the same premises as the sign and the nature of the business conducted there.

d)

Business Identification Pylon Sign. A business identification [pylon] sign is a sign erected on a single pole or multiple poles that contains only the name or the nature of the business conducted on the premises on which it is located.

e)

Illuminated Signs. A sign in which illumination techniques are used in any fashion to project the message on a sign.

f)

Portable Sign. Temporary, moveable sign.

g)

Off Premises Signs. Off premises signs are signs that advertised products or businesses that are not located on the parcel where the sign is located which would include billboards.

1100.56 Special Exception. A use so specifically designated in this Ordinance, that would not be appropriate for a location generally or without restriction throughout a given zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would in the opinion of the Board of Appeals, promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.

1100.57 Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no above floor, then the space between the floor and the above ceiling.

1100.58 Story, Half. A story in which one (1) or more exterior walls intersect a sloping roof no more than two (2) feet above the floor of such story.

1100.59 Street. A dedicated and accepted public right-of-way for vehicular traffic that affords the principal means of access to abutting properties.

1100.60 Street Centerline. That line surveyed and monumented by the governing body shall be the centerline of a street; or in the event that no centerline has been so determined, it shall be that line running midway between and parallel to the general direction of, the outside right-of-way lines of such streets.

1100.61 Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having more or less permanent location on the ground. A "building," as defined in 1100.7, is a "structure."

1100.62 Subdivision. "Subdivision" means all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, to the process of subdividing or to the land or area subdivided; provided, however, that the following exceptions are included within this definition only for the purpose of requiring that the local planning commission be informed and have record of such subdivisions:

1)

the combination or recombination of portions or previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority.

2)

the division of land into parcels of five (5) acres or more where no new street is involved.

1100.63 Tract. See "Lot," 1100.35.

1100.64 Trailer. Any vehicle or structure capable of moving, or being moved, over streets and highways on its own wheels or on flat beds or other carriers, which is designed or utilized to:

1)

provide temporary or permanent quarters for the conduct of business, profession, trade, or occupation;

2)

serve as a carrier of people, new or used goods, products, or equipment;

3)

be used as a selling, advertising, or display device. For purposes of this Ordinance, the term "trailer" shall not include the term "camper," "mobile home," or "house trailer."

1100.65 Travel Trailer. A portable vehicle structure built on a chassis and designed to be used as a temporary dwelling for travel or recreational purposes.

1100.66 Trailer, House. The term "house trailer," for purposes of this Ordinance, shall be interchangeable with the term "Mobile Home," as defined in 1100.43.

1100.67 Use, Accessory. See "Accessory," 1100.1.

1100.68 Use, Principal. The primary purpose for which a lot is occupied and/or used.

1100.69 Variance. A modification of the strict terms of this Ordinance granted by the Board of Appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of the Ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.

1100.70 Yard. A space on the same lot with a principal building, open, unoccupied and unobstructed by building or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.

1100.71 Yard, Front. A yard situated between the front building line and the front lot line extending the full width of the lot.

1100.72 Yard, Rear. A yard situated between the rear building line and the rear lot line extending the full width of the lot.

1100.73 Yard, Side. A yard situated between a side building line and a side [lot] line and extending from the front yard to the rear yard.

1100.74 Zoning District. See "District," 1100.15.

(Ord. No. 2021-09, § I, 11-8-2021)