401.1

Purpose. This district is intended to foster, preserve and protect areas of the community in which the principal use of land is detached, single-family dwellings and related support facilities.

401.2

Permitted Uses. The following uses shall be permitted in the R-15 Zoning District:

A.

Detached single-family dwelling meeting Southern Standard Building Code requirements.

B.

Non-commercial horticulture or agriculture, but not including the keeping of poultry, livestock, or kennels.

C.

Community recreation facilities including but not limited to golf courses, parks, playgrounds, country clubs, wildlife reservations, but not including commercial amusements park facilities, unlighted golf course, excluding miniature golf courses and driving ranges. Public park, playground or other public recreation area or community recreation building and any exterior lights must be 50 feet from residential property line.

401.3

Conditional Uses. The following uses shall be permitted in any R-15 Zoning District on a conditional basis, subject to the conditions of this section and Article IX, Section 909 and 910.

A.

Church, synagogue, temple and other places of worship; provided that:

(1)

Such use is housed in a permanent structure which meets all building, electrical, and plumbing codes for places of public assembly;

(2)

Such use is located on a lot not less than 40,000 square feet in area;

(3)

Exterior and parking lot lights do not reflect on to adjoining residences; and

(4)

No structure or parking area is placed within fifty (50) feet of any property line, and all of the parking requirements of Article V are provided on site.

B.

Kindergarten, pre-school nursery, and day care for adults and children center, provided that:

(1)

Such uses meet the minimum standards set forth for such facilities by the State Board of Health, if applicable;

(2)

Such use is located on a lot not less than 40,000 square feet in area;

(3)

No structure on the lot is closer than 25 feet to any abutting residential property line; and

(4)

A five (5) foot wall or chain link fence is constructed around any play area.

C.

Elementary, middle, or high school or institution of higher learning provided that the lot is at least five (5) acres in size, no structure or parking area is placed within fifty (50) feet of any property line, and all of the parking requirements of Article V are provided on site.

D.

Care Homes provided that:

(1)

Such uses meet the minimum standards set forth for such facilities by the State Board of Health;

(2)

Such use is located on a lot not less than 40,000 square feet in area;

(3)

No structure on the lot is closer than 25 feet to any abutting residential property line.

E.

Public park, playground or other public recreation area or community recreation building, in compliance with the provisions of Article VII [VIII], Section 813.

F.

Cemetery, provided that such use:

(1)

Consists of a site of at least five (5) acres;

(2)

Includes no crematorium or dwelling unit other than for a caretaker and immediate family members; and

(3)

Has a front yard setback of at least forty-five (45) feet from the edge of the street right-of-way. If there is no established right-of-way the front yard setback shall be at least seventy (70) feet from the center line of the road.

401.4

Special Exceptions. The following uses shall be permitted in the R-15 Zoning District as a special exception, subject to the conditions of this article and Article IX, Section 912:

A.

Bed and Breakfast Inn, provided that it meets the following conditions:

1.

The inn must be operated by members of the household living on the premises.

2.

A maximum of one Bed and Breakfast Inn shall be permitted on any parcel.

3.

The inn must be operated in a structure constructed prior to the passage of this amendment.

4.

The inn shall have no more than 8 guest rooms.

5.

The inn shall not require any alteration or change in the essential residential character of the dwelling.

6.

The operation of the inn shall involve no exterior storage of materials or supplies.

7.

There shall be no exterior displays or signs, except for one on-site sign no larger than twenty square feet stating the name of the inn.

8.

The inn shall provide at least one paved parking space on the property for each guest room. Parking spaces shall be located behind the front line of the structure.

9.

The resident operator of the inn shall keep a current guest register, including the names, addresses, and occupancy dates of all guests.

10.

No guest shall occupy the inn for more than seven consecutive nights.

11.

The inn may serve only a breakfast meal.

12.

The inn may only serve meals to registered guests.

13.

The Board of Zoning Appeals must hold a public hearing to determine if the proposed Bed and Breakfast Inn is consistent with a quiet residential neighborhood.

401.5

Prohibited Uses. No activity that does not fall within the parameters of Sections 401.2, 401.3 or 401.4 shall be permitted within the R-15 Zoning District. The following uses are expressly prohibited in order to increase ordinance clarity.

•

Sexually Oriented Businesses.

•

Cellular Towers.

401.6

Dimensional Requirements. Uses permitted in the R-15 Zoning District shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of this ordinance may be subject to the relief provided in Article III, Section 303 of this ordinance.

401.7

Parking and Loading. Uses permitted in the R-15 Zoning District shall meet standards set forth in Article V.

401.8

Signs. Signs permitted in the R-15 Zoning District, including the conditions under which they may be located are set forth in Article VI.

401.9

Bufferyard Requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with Article VII of this ordinance shall be required along abutting property lines.

401.10

General and Supplementary Regulations. Uses permitted in the R-15 Zoning District shall meet standards set forth in Article VIII.

(Ord. No. 05132024G, § 2, 6-10-2024)

402.1

Purpose. This district is intended to foster, preserve and protect areas of the community in which the principal use of land is detached, single-family dwellings and related support facilities.

402.2

Permitted Uses. The following uses shall be permitted in any R-8 Zoning District:

A.

Any use, together with the conditions attached thereto, permitted in the R-15 district.

402.3

Conditional Uses. The following uses shall be permitted in any R-8 Zoning District subject to the conditions of this section, unless otherwise noted, and Article IX, Section 909 and 910:

A.

All conditional uses permitted in the R-15 district as shown in Article IV, Section 401.3, shall be permitted in any R-8 district on a conditional basis subject to the conditions set forth in that section.

402.4

Special Exceptions. The following uses shall be permitted in the R-8 Zoning District as a special exception, subject to the conditions of this article and Article IX, Section 912:

A.

Bed and Breakfast Inns, subject to the conditions of Section 401.4.

402.5

Prohibited Uses. No activity that does not fall within the parameters of Sections 402.2, 402.3 or 402.4 shall be permitted within the R-8 Zoning District. The following uses are expressly prohibited in order to increase ordinance clarity:

•

Sexually Oriented Businesses.

•

Cellular Towers.

402.6

Dimensional Requirements. Uses permitted in the R-8 Zoning District shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of this ordinance may be subject to the relief provided in Article III, Section 303 of this ordinance.

402.7

Parking and Loading. Uses permitted in the R-8 Zoning District shall meet standards set forth in Article V.

402.8

Signs. Signs permitted in the R-8 Zoning District, including the conditions under which they may be located are set forth in Article VI.

402.9

Bufferyard Requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with Article VII of this ordinance shall be required along abutting property lines.

402.10

General and Supplementary Regulations. Uses permitted in the R-8 Zoning District shall meet standards set forth in Article VIII.

403.1

Purpose. This district is intended to foster, preserve and protect areas of the community in which the principal use of land is low and medium density one-family and two-family residential dwellings and related support facilities.

403.2

Permitted Uses. The following uses shall be permitted in any R-8/10 Zoning District:

A.

Any use, together with the conditions attached thereto, permitted in the R-15 Zoning District.

B.

One Duplex or Two-Family dwelling unit meeting Southern Standard Building Code requirements.

403.3

Conditional Uses. The following uses shall be permitted in the R-8/10 Zoning District on a conditional basis, subject to conditions included herein.

A.

All conditional uses permitted in the R-15 Zoning District as shown in Article IV, Section 401.3, shall be permitted in any R-8/10 Zoning District on a conditional basis subject to the conditions set forth in that section.

403.4

Special Exceptions. The following uses shall be permitted in the R-8/10 Zoning District as a special exception, subject to the conditions of this article and Article IX, Section 912:

A.

Bed and Breakfast Inn, subject to the conditions found in Section 401.4(a) [A.]

403.5

Prohibited Uses. No activity that does not fall within the parameters of Section 403.2, 403.3 or 403.4 shall be permitted within the R-8/10 Zoning District. The following uses are expressly prohibited in order to increase ordinance clarity:

•

Sexually Oriented Businesses.

•

Cellular Towers.

403.6

Dimensional Requirements.

403.7

Parking and Loading. Uses permitted in the R-8/10 Zoning District shall meet standards set forth in Article V.

403.8

Signs. Signs permitted in the R-8/10 Zoning District, including the conditions under which they may be located, are set forth in Article VI.

403.9

Bufferyard Requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with Article VII of this ordinance shall be required along abutting property lines.

403.10

General and Supplementary Regulations. Uses permitted in the R-8/10 Zoning District shall meet standards set forth in Article VIII.

404.1

Purpose. This district is intended to accommodate medium density residential development and a variety of housing types on small lots or in multi-household settings.

404.2

Permitted Uses. The following uses are permitted in any RM Zoning District:

A.

Any use, together with the conditions attached thereto, permitted in the R-8/10 Zoning District.

B.

Duplex, townhouses, and apartments.

404.3

Conditional Uses. The following uses shall be permitted in any RM Zoning District subject to the conditions of this section, unless otherwise noted, and Article IX, Section 909 and 910.

A.

All conditional uses permitted in the R-15 district as shown in Article IV, Section 401.3, shall be permitted in any RM Zoning District on a conditional basis subject to the conditions set forth for that district.

B.

Group housing should conform with any applicable requirements of the State of South Carolina.

C.

Facilities of civic, fraternal, or charitable organizations. Where these uses are adjacent to lots which are zoned or used for residential purposes, the use shall comply with the following standards:

(1)

They shall not be closer than fifty (50) feet from the property line;

(2)

No lighting used in connection with such activities shall be closer than fifty (50) feet from the property line.

404.4

Special Exceptions. The following uses shall be permitted in the RM Zoning District as a special exception, subject to the conditions of this article and Article IX, Section 912:

A.

Bed and Breakfast Inn, subject to the conditions found in Section 401.4 (a)

404.5

Prohibited Uses. No activity that does not fall within the parameters of Sections 404.2, 404.3 or 404.4 shall be permitted within the RM Zoning District. The following uses are expressly prohibited in order to increase ordinance clarity:

•

Sexually Oriented Businesses.

•

Cellular Towers.

404.6

Dimensional Requirements. Uses permitted in the RM Zoning District shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of this ordinance may be subject to the relief provided in Article III, Section 303 of this ordinance.

A.

Minimum Lot Area and Setbacks.

**Minimum lot width shall be 20 feet for interior lots and 35 feet for exterior lots

A.[B.]

Maximum Density for Multifamily Developments.

B.[C.]

Units per Acre.

C.[D.]

Maximum Development and Spacing of Buildings. No more than eight (8) attached dwelling units shall be constructed or attached together in a continuous row, and no such row shall exceed 200 feet in length. Detached principal or accessory buildings shall not be placed closer than 25 feet from any other building.

D.[E.]

Maximum Impervious Surface. The maximum impervious surface shall not exceed sixty (60) percent of the project site.

E.[F.]

Common Open Space Requirements. Each townhouse or apartment project in a RM district shall have a minimum of twenty (20) percent of the total site area reserved and improved as common open space subject to the conditions set forth in Article VIII, Section 812.

404.2

Streets and Access. All private roadways within a multi-family development shall be paved with asphalt or concrete. The wearing surface for asphalt paving shall be one and one-half (1½) inches thick. If concrete is used, it should be a minimum of five (5) inches thick and have expansion joints where it meets driveways, walkways or curbs.

All roadways which are not to be dedicated as public streets, shall have a minimum travel width of twenty (20) feet, exclusive of parking. Roads within a multi-family development which are to be dedicated as public streets, shall conform to the criteria established for Spartanburg County roads in county ordinance number 28.

Access roads to a multi-family development shall be located at least one hundred fifty (150) feet from any public street intersection. The number of entrances and/or exits shall not exceed the ratio of one per one hundred fifty (150) feet of park frontage. Developments with less than one hundred fifty (150) feet of frontage are only allowed one (1) combination ingress and egress road.

Editor's note— Numbering of this and succeeding sections, inconsistent with earlier numbering, is reproduced from the original.

404.3

Parking and Loading. Uses permitted in the RM Zoning District shall meet the parking and loading standards set forth in Article V.

404.4

Signs. Signs permitted in the RM Zoning District, including the conditions under which they may be located are set forth in Article VI.

404.5

Bufferyard Requirements. Where townhouses or apartments abut the R-15 or R-8 district or where a conditional use abuts any residential zone, a bufferyard in compliance with Article VII, shall be required along abutting property lines.

404.6

General and Supplementary Regulations. Uses permitted in the RM Zoning District shall meet standards set forth in Article VIII.

404.7

Street Planting Strips. Except for single-family, duplex or fee simple townhouse structures, in all front setbacks, a strip not less than six (6) feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.

(Ord. No. 05132024G, §§ 3, 4, 6-10-2024)

Editor's note— Ord. No. 04112022B, adopted May 9, 2022, repealed § 405, which pertained to MHP, Mobile Home Park District and derived from Zoning Ordinance of 1998; and Zoning Ordinance adopted Nov. 25, 2002.

406.1

Purpose. The intent of this district is to promote the concentration and vitality of business and governmental uses in downtown Lyman.

406.2

Permitted Uses. The following uses shall be permitted in the CBD Zoning District:

A.

General retail stores including convenience stores.

B.

Personal service businesses such as laundries and dry cleaners, alterations, barber and beauty shops, shoe repair shops, secretarial services, interior decorators, photographers and similar kinds of activities.

C.

General offices, government offices and buildings.

D.

Restaurants and drinking establishments including bakeries but excluding drive-in and drive-through establishments.

E.

Kindergarten, preschool and day care centers.

F.

Cultural and community centers, including museums, art galleries, facilities of civic, fraternal or charitable organizations, libraries, theaters, neighborhood recreation centers, and similar facilities.

G.

Public and private recreation establishments, including parks, movie theaters, pool and video game rooms, dancing and staged entertainment, bowling and skating rinks, tennis and basketball courts.

H.

Hotels, motels, and tourist homes.

I.

Parking lots and garages.

J.

Churches and other religious facilities.

K.

Noncommercial horticulture.

L.

Banks and other financial institutions.

M.

Grocery stores.

406.3

Dimensional Requirements. Unless otherwise specified elsewhere in this ordinance, uses permitted in the CBD Zoning District shall be required to conform to the following standards:

406.4

Conditional Uses. The following uses shall be permitted in any CBD Zoning District subject to conditions of this section and Article IX, Sections 909 and 910.

A.

Combination of residential units with any use permitted herein provided that all units have direct access to the outside of the structure. Parking provisions shall be complied with for each use.

B.

Radio and television stations provided that the requirements for parking, loading, and unloading, conform to those for industrial buildings as set forth in Article IX.

C.

Single-family residence meeting Southern Standard Building Code Requirements, provided it is in existence at the time of this ordinance.

D.

Multi-family residence provided it is in existence at the time of this ordinance.

406.5

Prohibited Uses. The following uses are prohibited in the CBD Zoning District. No activity that does not fall within the parameters of Sections 406.2 and 406.4 shall be permitted within the CBD Zoning District. The following uses are expressly prohibited in order to increase ordinance clarity:

•

Sexually Oriented Businesses.

•

Cellular Towers.

406.6

Signs. Signs permitted in the CBD Zoning District, including the conditions under which they may be located are set forth in Article VI.

406.7

Bufferyard Requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with Article VII, shall be required.

406.8

General and Supplementary Regulations. Uses permitted in the CBD Zoning District shall meet standards set forth in Article VIII.

406.9

External Storage. Any external storage of inventory, parts, or machinery shall be established to the rear of the front line of the principal structure and shall be completely enclosed by a solid fence or wall composed of treated wood or brick.

406.10

Street Planting Strips. In all front setbacks, a strip not less than six (6) feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.

407.1

Purpose. This district is intended to meet the commercial and service needs generated by nearby residential areas. Goods and services normally available in this district are of the "convenience variety." The size of any such districts should relate to surrounding residential markets.

407.2

Permitted Uses. The following uses shall be permitted in the NBD Zoning District:

A.

Any use, together with the conditions attached thereto, permitted in the R-15 district.

B.

General offices.

C.

Government offices/buildings.

407.3

Conditional Uses. The following uses shall be permitted in any NBD Zoning District on a conditional basis, subject to conditions of this section, unless otherwise noted, and Article IX, Sections 909 and 910:

A.

All conditional uses permitted in the R-15 district as shown in Article IV, Sections 401.3, shall be permitted in any NBD district on a conditional basis subject to the conditions set forth for the district in which the conditional use is first listed.

B.

Retail stores including convenience store, provided there is no external storage of inventory, parts, machinery or equipment.

C.

Personal service businesses, including, but not limited to barbers, beauticians, coin laundry and dry cleaning without dry cleaning plant, photographers, and shoe repair, provided all services take place within an enclosed building and there is no external storage of inventory, parts, machinery or equipment.

D.

Animal hospital or animal boarding facility provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.

E.

Facilities of civic, fraternal, or charitable organizations. Where these uses are adjacent to lots which are zoned or used for residential purposes, the use shall comply with the following standards:

(1)

They shall be not closer than fifty (50) feet from the property line;

(2)

No lighting used in connection with such activities shall be closer than fifty (50) feet from the property line.

407.4

Special Exceptions. The following uses shall be allowed in the NBD Zoning District as a special exception, subject to the conditions of this Article and Article IX, Section 912:

A.

Bed and Breakfast Inn, provided that it meets the following conditions:

[(1)].

The inn must be operated by members of the household living on the premises.

[(2)].

A maximum of one Bed and Breakfast Inn shall be permitted on any parcel.

[(3)].

The inn must be operated in a structure constructed prior to the passage of this amendment.

[(4)].

The inn shall have no more than 8 guest rooms.

[(5)].

The inn shall not require any alteration or change in the essential residential character of the dwelling.

[(6)].

The operation of the inn shall involve no exterior storage of materials or supplies.

[(7)].

There shall be no exterior displays or signs, except for one on-site sign no larger than twenty square feet stating the name of the inn.

[(8)].

The resident operator of the inn shall keep a current guest register, including the names, addresses, and occupancy dates of all guests.

[(9)].

No guest shall occupy the inn for more than seven consecutive nights.

[(10)].

The inn may serve only a breakfast meal.

[(11)].

The inn may only serve meals to registered guests.

[(12)].

The Board of Zoning Appeals must hold a public hearing to determine if the proposed Bed and Breakfast Inn is consistent with a quiet residential neighborhood.

[(13)].

Small functions such as weddings, receptions, teas and baby showers, may be held for groups of up to twenty-five (25) people.

[(14)].

To ensure compatibility with surrounding residences, functions shall end no later than 8 p.m.

[(15)].

The inn shall provide at least one paved parking space on the property for every two (2) possible guests. Parking spaces shall be located behind the front line of the structure.

407.5

Prohibited Uses. The following uses are prohibited in the NBD Zoning District. No activity that does not fall within the parameters of Sections 407.2, 407.3 or 407.4 shall be permitted within the NBD Zoning District. The following uses are expressly prohibited in order to improve ordinance clarity:

•

Sexually Oriented Businesses.

•

Cellular Towers.

407.6

Dimensional Requirements. Unless otherwise specified elsewhere in this ordinance, uses permitted in the NBD Zoning District shall be required to conform to the following standards:

407.7

Parking and Loading. Uses permitted in the NBD Zoning District shall meet the parking and loading standards set forth in Article V.

407.8

Signs. Signs permitted in the NBD Zoning District, including the conditions under which they may be located are set forth in Article VI.

407.9

Bufferyard Requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard, in compliance with Article VII, shall be required along abutting property lines. Where two residential properties abut no bufferyard shall be required.

407.10

General and Supplementary Regulations. Uses permitted in the NBD Zoning District shall meet standards set forth in Article VIII.

407.11

Street Planting Strips. In all front setbacks, a strip not less than six (6) feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs. Residential uses shall be exempt from this requirement.

408.1

Purpose. The intent of this district is for business development on major roadways for the convenience of local residents and for the traveling public.

408.2

Permitted Uses. The following uses shall be permitted in the GBD Zoning District:

A.

Any use, together with the conditions attached thereto permitted in the CBD Zoning District.

B.

General retail stores, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.

C.

Service businesses, including, but not limited to plumbers, electricians, small engine machine shops, repair services, and similar uses, provided all services take place within an enclosed building and any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage is completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.

D.

Restaurants (with or without drive-in window).

E.

Food stores, including general grocers, produce stands, bakeries, and meat markets (without slaughtering on-site).

F.

Food preparation establishments for off-premises delivery.

G.

Schools.

H.

Care homes.

I.

Funeral homes.

J.

Miniature golf course and driving range.

K.

Mini-warehouses.

L.

Horticulture nurseries.

408.3

Dimensional Requirements. Unless otherwise specified elsewhere in this ordinance, uses permitted in the GBD Zoning District shall be required to conform to the following standards:

408.4

Conditional Uses. The following uses shall be permitted in any GBD Zoning District subject to conditions of this section, unless otherwise noted, and Article IX, Sections 909 and 910.

A.

Machine service and repair and automobile gas station, body shop, and garage, provided:

1.

There is no open storage of wrecked vehicles; dismantled parts, or parts visible beyond the premises;

2.

Such facilities shall be arranged so that all servicing is conducted on the premises and out of the public right-of-way; and

3.

Gasoline pumps shall be no closer than twenty-five (25) feet to the right-of-way line of the street and all fuel tanks shall be installed underground.

B.

Combination of residential units with any use permitted herein provided that all dwelling units have direct access to the outside of the structure. Parking provisions shall be complied with for each use.

C.

Carwash, provided an off-street paved parking area accommodating at least one-half of the hourly vehicle washing capacity for vehicles awaiting entrance to the washing process is suitably located and maintained on the premises. Such space shall contain at least two hundred (200) square feet per waiting vehicle and no safety hazard or impediment to traffic movement shall be created by the operation of such an establishment.

D.

Animal hospital or animal boarding facility provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.

E.

Automobile, farm equipment, boat and/or recreational vehicle sales, open yard for the sale, rental, and/or storage of materials or equipment excluding junk or other salvage.

F.

Hospitals or clinics including any functions which relate directly to the operation of the hospitals or clinics and are contained within the confines of said hospital or clinic.

G.

Truck terminal, provided paved acceleration and deceleration lanes are at least ten (10) feet in width and one hundred (100) feet in length, respectively, are furnished and maintained where trucks enter at or leave terminal sites, and provided sites for such facilities have direct access to major streets.

H.

Cemetery, provided that such use:

1.

Consists of a site at least five (5) acres in size;

2.

Includes no crematorium or dwelling unit other than for a caretaker and immediate family members;

3.

Has a front setback of at least forty-five (45) feet from the edge of the street right-of-way. If there is no established right-of-way the setback shall be at least seventy (70) feet from the center line of the road.

I.

Radio and television stations provided that the requirements for parking, loading, and unloading, conform to those for industrial buildings as set forth in Article V.

J.

Off-premises signs subject to Article VI.

K.

Single-family residence meeting Southern Standard Building Code requirements, provided it is in existence at the time of this ordinance.

L.

Multi-family residence, provided it is in existence at the time of this ordinance.

408.5

Prohibited Uses. The following uses are prohibited in the GBD Zoning District. No activity that does not fall within the parameters of Sections 408.2 or 408.4 shall be permitted within the GBD Zoning District. The following uses are expressly prohibited in order to improve ordinance clarity:

•

Sexually Oriented Businesses.

•

Cellular Towers.

408.6

Parking and Loading. Uses permitted in the GBD Zoning District shall meet the parking and loading standards set forth in Article V.

408.7

Signs. Signs permitted in the GBD Zoning District, including the conditions under which they may be located are set forth in Article VI.

408.8

Bufferyard Requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with Article VII, shall be required along abutting property lines.

408.9

General and Supplementary Regulations. Uses permitted in the GBD Zoning District shall meet standards set forth in Article VIII.

408.10

Street Planting Strips. In all front setbacks, a strip not less than six (6) feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.

409.1

Purpose. The intent of this district is for business development on major roadways for the convenience of local residents and for the traveling public.

409.2

Permitted Uses. The following uses shall be permitted in the GBD Zoning District:

A.

Any use, together with the conditions attached thereto permitted in the CBD Zoning District.

B.

General retail stores, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.

C.

Service businesses, including, but not limited to plumbers, electricians, small engine machine shops, repair services, and similar uses, provided all services take place within an enclosed building and any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage is completely enclosed by a solid fence or wall of at least six feet in height composes of treated wood or brick.

D.

Restaurants (with or without drive-in window).

E.

Food stores, including general grocers, produce stands, bakeries, and meat markets (without slaughtering on-site).

F.

Food preparation establishments for off-premises delivery.

G.

Schools.

H.

Care homes.

I.

Funeral homes.

J.

Miniature golf course and driving range.

K.

Mini-warehouses.

L.

Horticulture nurseries.

409.3

Dimensional Requirements. Unless otherwise specified elsewhere in this ordinance, uses permitted in the GBD Zoning District shall be required to conform to the following standards:

409.4

Conditional Uses. The following uses shall be permitted in any GBD Zoning District subject to conditions of this section, unless otherwise noted, and Article IX, Sections 909 and 910:

A.

Machine service and repair and automobile gas station, body shop, and garage, provided:

1.

There is no open storage of wrecked vehicles; dismantled parts, or parts visible beyond the premises;

2.

Such facilities shall be arranged so that all servicing is conducted on the premises and out of the public right-of-way; and

3.

Gasoline pumps shall be no closer than twenty-five (25) feet to the right-of-way line of the street and all fuel tanks shall be installed underground.

B.

Combination of residential units with any use permitted herein provided that all dwelling units have direct access to the outside of the structure. Parking provisions shall be complied with for each use.

C.

Carwash, provided an off-street paved parking area accommodating at least one-half of the hourly vehicle washing capacity for vehicles awaiting entrance to the washing process is suitably located and maintained on the premises. Such space shall contain at least two hundred (200) square feet per waiting vehicle and no safety hazard or impediment to traffic movement shall be created by the operation of such an establishment.

D.

Animal hospital or animal boarding facility provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.

E.

Automobile, farm equipment, boat and/or recreational vehicle sales, open yard for the sale, rental, and/or storage of materials or equipment excluding junk or other salvage.

F.

Hospitals or clinics including any functions which relate directly to the operation of the hospitals or clinics and are contained within the confines of said hospital or clinic.

G.

Truck terminal, provided paved acceleration and deceleration lanes are at least ten (10) feet in width and one hundred (100) feet in length, respectively, are furnished and maintained where trucks enter at or leave terminal sites, and provided sites for such facilities have direct access to major streets.

H.

Cemetery, provided that such use:

1.

Consists of a site at least five (5) acres in size;

2.

Includes no crematorium or dwelling unit other than for a caretaker and immediate family members;

3.

Has a front setback of at least forty-five (45) feet from the edge of the street right-of-way. If there is no established right-of-way the setback shall be at least seventy (70) feet from the center line of the road.

I.

Radio and television stations provided that the requirements for parking, loading, and unloading, conform to those for industrial buildings as set forth in Article V.

J.

Off-premises signs subject to Article VI.

K.

Single-family residence meeting Southern Standard Building Code requirements, provided it is in existence at the time of this ordinance.

L.

Multi-family residence, provided it is in existence at the time of this ordinance.

M.

Cellular Towers.

1.

Conditions.

a)

Illumination. Communications towers shall be illuminated only as required by the federal Communications Commission (F.C.C.) and/or the Federal Aviation Administration (F.A.A.).

b)

Color. Communications towers shall not be painted unless otherwise provided for by state or federal regulations.

c)

Signs. A single sign, two (2) square feet in size which includes the name(s) of the company(ies) operating the equipment and a phone number for emergencies shall be displayed in a visible location on or near the communication tower. No advertising of any type may be attached to a communication tower.

d)

Removal. A communication tower which is not used for a continuous one year period shall be removed within one-hundred twenty (120) days. Companies must notify the town within 30 days if telecommunications cease operations at the tower or antenna. All structures, fencing, screening and other improvements must be removed and the site returned to its original condition at the company's expense.

e)

Security. A freestanding communication tower and associated structures shall be secured by a fence or masonry wall measuring at least eight (8) feet in height.

f)

Landscaping. (As applied to communication towers this section supersedes Article VII) Evergreen shrubs capable of creating continuous hedge and obtaining a height of at least five (5) feet shall be planted with a maximum spacing of five (5) feet around the immediate perimeter of the security fence surrounding the communication tower and associated structures. An appropriate plant material shall be evergreen and at least three (3) gallon container plants or 24 inches tall at the time of planting. The plants shall be of a quality and planted in accordance with the standards of the American Nurserymen Association that are indigenous or native to the Spartanburg County area. At least one row of evergreen trees with a minimum caliper of 1.75 inches at the time of planting shall be installed at a maximum spacing of 25 feet within a 50 foot radius of the communication tower.

g)

The owners and their agents shall be responsible for providing, protecting and maintaining all required landscape material in healthy condition, replacing unhealthy or dead plant materials within one year or by the next planting season, whichever comes first. Replacement material shall comply with the approved landscape plan.

h)

A certificate of occupancy shall not be issued until the required landscaping is completed. When the occupancy of a structure is desired prior to the completion of the required landscaping, a Certificate of Occupancy may be issued only if the owner or developer provide to the town a form of surety satisfactory to the Town Attorney and in an amount equal to one hundred twenty-five percent (125%) of the costs of the remaining plant materials, and installation (with the costs agreed to by the Zoning Administrator). All required landscaping shall be installed and approved by the first planting season following issuance of the Certificate of Occupancy or bond will be forfeited to the Town of Lyman.

i)

Antenna Capacity. Wind Load. The communication tower shall be designed to withstand winds in accordance with ANSI/ETA/TIA 22 (latest revision) standards. Certification from a structural engineer registered in South Carolina shall constitute proof that such standard has been met.

j)

License. The owners of a communication tower shall possess a valid F.C.C. license for the proposed activity.

k)

Design for Multiple Use. A new communication tower shall be designed to accommodate additional antennas equal in number to applicant's present and reasonably anticipated future requirements.

l)

Safety Codes. A communication tower shall comply with all applicable health, nuisance, noise, fire, building and safety code requirements.

m)

Distance from Existing Tower. A permit for a proposed communication tower site within 1,200 feet of an existing communication tower shall not be issued unless the applicant certifies that the existing communication tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.

n)

Setbacks. A communication tower (not including guy anchors) must be a minimum distance equal to one-half the height of such tower from property or districts designated historic or architecturally significant. Respective zoning district setbacks shall apply, except that in sites bordering residential uses, the bordering side of such sites shall observe setbacks equal to 150% of applicable district setbacks or a minimum of 50 feet.

o)

Permitted Height of Freestanding Communication Towers.

p)

Permitted Height of Building Mounted Communications Tower. A communication tower shall not exceed 20 feet in height if mounted on a building or any structure other than a freestanding or guyed communications tower.

2.

Application Requirements.

a)

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

b)

Site Plan. A site plan drawn to scale showing property boundaries, communication tower location, communications tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land use on adjacent property. A site plan may be required if antenna is to be mounted on an approved existing structure. Prototypical drawings indicating various types of equipment to be located on the communication tower may be submitted at the time of the permit application. Other equipment may be added to the communication tower without additional permits or inspections if electrical wiring is not required.

c)

Location Map. A current map, or update for all existing maps on file, showing locations of proposed antennas, facilities, existing communication towers, and proposed communication towers, serving any property within the town.

d)

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

e)

Owners Authorization. Written authorization from the site owner for the application.

f)

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

g)

Location Alternatives. Satisfactory evidence shall be provided indicating:

h)

The proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirements without unreasonable modifications on any existing structure or communication tower under the control of applicant; and available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulation and applicant's technical design requirements.

i)

Indemnity. Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting F.C.C. rules, and must file with the Zoning Administrator a written indemnification of the municipality and proof of liability insurance or financial ability to respond to claims up to $1 million in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipal attorney.

j)

Application Fees. All applications for approval of a communication tower must be accompanied by a fee of $200.00 and, if applicable, any additional fees required by the municipality on applications for special exceptions or variance.

409.5

Prohibited Uses. The following uses are prohibited in the GBD Zoning District. No activity that does not fall within the parameters of Sections 408.2 or 408.4 shall be permitted within the GBD Zoning District. The following uses are expressly prohibited in order to improve ordinance clarity:

•

Sexually Oriented Businesses.

409.6

Parking and Loading. Uses permitted in the GBD Zoning District shall meet the parking and loading standards set forth in Article V.

409.7

Signs. Signs permitted in the GBD Zoning District, including the conditions under which they may be located are set forth in Article VI.

409.8

Bufferyard Requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with Article VII, shall be required along abutting property lines.

409.9

General and Supplementary Regulations. Uses permitted in the GBD Zoning District shall meet standards set forth in Article VIII.

409.10

Street Planting Strips. In all front setbacks, a strip not less than six (6) feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.

410.1

Purpose. The intent of this district is to accommodate research and research related uses as well as limited industrial uses which are not significantly objectionable in terms of noise, odor, fumes, smoke, gas, dust, fire hazard, dangerous radiation, or other noxious conditions and which are able to meet the performance standards established for this district.

410.2

Permitted Uses. The following uses shall be permitted in the GI Zoning District:

A.

Any industrial use plus operation incidental to such use which involves manufacturing, processing, repair or assembly operations, or the storage and sale of heavy materials, products, or equipment, but not including junk or salvage yards or uses which may cause injurious or noxious noise, vibration, smoke, gas fumes, odor, dust, fire hazards, dangerous radiation or other similar conditions.

B.

Research or experimental laboratory.

C.

Agricultural farm.

D.

Horticultural nursery.

E.

Noncommercial horticulture/agriculture.

F.

Radio and/or television station and/or transmission tower.

G.

Office building and/or offices for governmental, professional, or general purposes.

H.

Commercial, trade, or vocational school.

I.

Off-street commercial parking lot or garage, as well as off-street parking or storage area for customer, client, or employee-owned vehicles.

J.

Bars/taverns.

K.

Restaurants.

L.

Food preparation establishments for off-premises delivery.

M.

Retail stores or convenience stores.

N.

Grocery stores.

O.

Hospitals and clinics.

P.

Newspaper publishing plant.

Q.

Automobile, farm equipment, boat and/or recreational vehicle sales, open yard for the sale, rental, and/or storage of materials or equipment, excluding junk or other salvage.

R.

Mini-warehouses.

S.

Photographer.

T.

Electrician.

U.

Plumber.

V.

Bulk storage of petroleum or chemical products.

410.3

Conditional Uses. The following uses shall be permitted in any GI Zoning District subject to the conditions of this section, unless otherwise noted, and Article IX, Sections 909 and 910:

A.

Warehouse or other storage facility, provided that there is no external storage of junk or salvage materials of any type in conjunction with the operation.

B.

Wholesale business outlet, provided that there is no open storage of junk or salvage materials of any type in conjunction with the operation.

C.

Automobile service station provided that all fuel pumps are set back at least twenty-five (25) feet from the right-of-way line of any street; provided all fuel tanks are installed underground; and, provided that there is no open storage of junk or salvage materials in conjunction with the operation.

D.

Animal hospital and/or boarding facility provided all boarding arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.

E.

Truck terminal provided that paved acceleration and deceleration lanes of at least twelve (12) feet in width and one hundred (100) feet in length, respectively, are furnished and maintained at every point where trucks enter or leave terminal sites located adjacent to major streets, provided no safety hazard or impediment to traffic movement is created on any road, and provided there is no open storage of junk or salvage materials in connection with the operation.

F.

Garage or shop for the repair and servicing of motor vehicles, equipment or machine parts, including electricians and plumbers, provided all open yard storage incidental to such an operation conforms to the provisions of Subsection 408.10; and, provided no objectionable sound, vibration, heat, glare, or electrical disturbance is created which is perceptible beyond the premises.

G.

Any industrial use which may produce significant noise, vibrations, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other objectionable conditions, provided such objectionable condition does not constitute a nuisance to adjoining properties; provided such use is located at least fifty (50) feet from any abutting property line; and provided such use is located on a site at least five (5) acres in size, except that if such use borders a parcel zoned for residential usage, it shall be located at least seventy (70) feet from such property line. A buffer area in compliance with Article VII of this ordinance shall be required.

H.

Open yard use for the sale, rental and/or storage of new, used or salvaged materials or equipment, provided that such use is conducted in a manner that it will be located on a site no less than one (1) acre in size, and provided no burning of materials or products is conducted on the premises except by means approved by the Fire Chief for the Town of Lyman; and in the case of external storage of used or salvaged materials and/or equipment, a buffer strip in compliance with Article VII of this ordinance shall be required along all property lines.

I.

Off-premises signs subject to Article VI.

J.

Cellular Towers. Permitted Height of Freestanding Communication Towers.

Other conditions and application requirements may be found in section 409.4.

410.4

Prohibited Uses. No activity that does not fall within the parameters of Sections 409.2 or 409.4 shall be permitted within the GI Zoning District.

410.5

Dimensional Requirements. Unless otherwise specified elsewhere in this ordinance, uses permitted in the GI Zoning District shall be required to conform to the following standards:

410.6

Parking and Loading. Uses permitted in the GI Zoning District shall meet the parking and loading standards set forth in Article V.

410.7

Signs. Signs permitted in GI Zoning Districts, including the conditions under which they may be located are set forth in Article VI.

410.8

Bufferyard Requirements. Where this district abuts any residential or commercial district not separated by a street right-of-way, a bufferyard in compliance with Article VII shall be required along abutting property lines.

410.9

General and Supplemental Requirements. Uses permitted in GI Zoning Districts shall meet the standards set forth in Article VIII.

410.10

Street Planting Strips. In all front setbacks, a strip not less than six (6) feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.

410.11

External Storage. Any external storage of inventory, parts, or machinery shall be established to the rear of the front line of the principal structure and provided that such storage shall be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.

(Ord. No. 05132024G, § 5, 6-10-2024)

411.1

Purpose. This district is intended to foster, preserve and protect areas of the community in which the principal use of land is high density one-family residential dwellings and related support facilities.

411.2

Permitted Uses. The following uses shall be permitted in any Patio Home District:

A.

Minimum lot size 6,000 square feet.

B.

The unit's footprint cannot take up more than 30% of the lot (bigger the lot, bigger the unit).

C.

Minimum square footage of house would be 1,650.

D.

The units can be attached or detached.

E.

If the development has more than 25 units, 15% of the development must be dedicated to common open space. Open space is a piece of land that is undeveloped and is accessible by the public or members of specific community. It can include designated areas of land or water, playing fields, walking trails, and play grounds.

411.3

Conditional Uses. The following uses shall be permitted in a Patio Home District on a conditional basis, subject to conditions included herein:

A.

All conditional uses permitted in the R-15 Zoning District as shown in Article IV, Section 401.3, shall be permitted in any Patio Home District on a conditional basis subject to the conditions set forth in that section.

411.4

Prohibited Uses. No activity that does not fall within the parameters of Section 403.2 and 403.3 shall be permitted within the Patio Home District. The following uses are expressly prohibited in order to increase ordinance clarity:

•

Sexual Oriented Businesses.

•

Cellular Towers.

411.5

Dimensional Requirements.

Except upon written approval by the Fire Chief with conditions stated therein. For other exceptions to height regulations, see Article VIII, Section 812.

411.6

Parking and Loading. Uses permitted in a Patio Home District shall meet standards set forth in Article V.

411.7

Signs. Signs permitted in a Patio Home District, including the conditions under which they may be located, are set forth in Article VI.

411.8

Bufferyard Requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with Article VII of this ordinance shall be required along abutting property lines.

411.9

General and Supplementary Regulations. Uses permitted in a Patio Home District shall meet standards set forth in Article VIII.

(Ord. No. 112502-2002, § 2, 11-25-2002; Ord. No. 11122018G, § I, 1-14-2019)

412.1

Purpose. This district is intended to meet the commercial and service needs generated by nearby residential areas. Goods and services normally available in this district are of the "business office type." The size of any such districts should relate to surrounding residential markets.

412.2

Permitted Uses. The following uses shall be permitted in the RBD Zoning District:

A.

Any use, together with the conditions attached thereto, permitted in the R-15 district.

B.

General offices only open to the public between 7:00 am and 7:00 pm.

C.

Government offices/buildings.

412.3

Conditional Uses. The following uses shall be permitted in any RBD Zoning District on a conditional basis, subject to conditions of this section, unless otherwise noted, and Article IX, Sections 909 and 910 with the written approval of all adjoining residential properties:

A.

All conditional uses permitted in the R-15 district, as shown in Article IV, Section 401.3, shall be permitted in any RBD district on a conditional basis subject to the conditions set forth for the district in which the conditional use is first listed.

B.

Retail stores, provided there is no external storage of inventory, parts, machinery or equipment.

C.

Personal service businesses, including, but not limited to, barbers, beauticians, coin laundry and dry cleaning without dry cleaning plant, photographers, and shoe repair, provided all services take place within an enclosed building and there is no external storage of inventory, parts, machinery or equipment.

D.

Animal hospital or animal boarding facility, provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.

E.

Facilities of civic, fraternal, or charitable organizations. Where these uses are adjacent to lots which are zoned or used for residential purposes, the use shall comply with the following standards: (1) They shall be no closer than fifty (50) feet from the property line. (2) All lighting used in connection with such activities shall be directed onto the property.

412.4

Special Exceptions. The following uses shall be allowed in the RBD Zoning District as a special exception, subject to the conditions of this Article and Article IX, Section 912:

A.

Bed and Breakfast Inn, provided that it meets the following conditions:

(1)

The inn must be operated by members of the household living on the premises.

(2)

A maximum of one Bed and Breakfast Inn shall be permitted on any parcel.

(3)

The inn must be operated in a structure constructed prior to the passage of this amendment.

(4)

The inn shall have no more than 8 guest rooms.

(5)

The inn shall not require any alteration or change in the essential residential character of the dwelling.

(6)

The operation of the inn shall involve no exterior storage of materials or supplies.

(7)

There shall be no exterior displays or signs, except for one on-site sign no larger than twenty square feet stating the name of the inn.

(8)

The resident operator of the inn shall keep a current guest register, including the names, addresses, and occupancy dates of all guests.

(9)

No guest shall occupy the inn for more than seven consecutive nights.

(10)

The inn may serve only a breakfast meal.

(11)

The inn may only serve meals to registered guests.

(12)

The Board of Zoning Appeals must hold a public hearing to determine if the proposed Bed and Breakfast Inn is consistent with a quiet residential neighborhood.

(13)

Small functions, such as weddings, receptions, teas and baby showers, may be held for groups of up to twenty-five (25) people.

(14)

To ensure compatibility with the surrounding residences, functions shall end no later than 8 pm.

(15)

The inn shall provide at least one paved parking space on the property for every two (2) possible guests. Parking spaces shall be located behind the front line of the structure.

412.5

Prohibited Uses. The following uses are prohibited in the RBD Zoning District. No activity that does not fall within the parameters of Section 412.2, 412.3 or 412.4 shall be permitted within the RBD Zoning District. The following uses are expressly prohibited in order to improve ordinance clarity:

•

Sexually Oriented Businesses.

•

Cellular Towers.

•

No overnight parking except for an emergency.

412.6

Dimensional Requirements. Unless otherwise specified elsewhere in this ordinance, uses permitted in the RBD Zoning District shall be required to conform to the following standards:

Except upon Fire Chief's written approval with conditions stated therein. For other exceptions to height regulations see Article VIII, Section 812.

412.7

Parking and Loading. Uses permitted in the RBD Zoning District shall meet the parking and loading standards set forth in Article V.

412.8

Signs and Lighting. Signs permitted in the RBD Zoning District, including the conditions under which they may be located are set forth in Article VI. All lighting is limited for security needs, and shall only be directed onto the property.

412.9

Bufferyard Requirements. Where this district abuts any residential property not separated by a street right-of-way, a bufferyard, in compliance with Article VII, shall be required along all residential abutting property lines and the zoning administrator may consult with the residents of the adjoining property(ies).

412.10

General and Supplementary Regulations. Uses permitted in the RBD Zoning District shall meet standards set forth in Article VIII.

412.11

Street Planting Strips. In all front setbacks, a strip not less than six (6) feet in width shall be provided along the street line on the property that shall either be planted and maintained in grass with street trees, shrub planting or as may be erected in this area with the exception of official traffic and regulatory signs. Residential uses shall be exempt from this requirement.

413.1.

Purpose. The intent of this district is to provide design and use flexibility to allow development and redevelopment of properties that is compatible with the existing character of the area as set forth by the Town's comprehensive plan. Specifically, the FRD enables the tools required to encourage exceptional planning and design in order to preserve the character of existing buildings, open spaces, streetscapes, and use clusters of unique areas of the town; and protect critical environmental resources through a greater efficiency in the layout of roads, utilities and other infrastructure.

413.2.

Minimum Site Size. The minimum site size for any FRD is one (1) acre.

413.3.

Permitted Uses. A listing of permitted uses within the FRD district shall be adopted as part of the regulations applying to that district only. FRDs are allowed to consist of one single-use or of multiple uses. All uses shall be specific in the Statement of Intent and approval of specific uses are deemed by the Zoning Administrator.

413.4.

District Regulations.

A.

Site Development Standards. The provisions of the zoning ordinance regulating uses, dimensional standards, and development and design standards shall serve as a general guide. However, variations to these standards included in the approved Statement of Intent and/or Site Development Plan shall supersede the other provisions of this Ordinance. The following site development characteristics shall be determined and set in the approved plans for FRDs:

(1)

Minimum and/or maximum lot area(s);

(2)

Minimum and/or maximum internal lot frontage(s);

(3)

Minimum and/or maximum lot width(s);

(4)

Size(s) and location(s) of yard(s) and setback(s);

(5)

Minimum and/or maximum density of structure(s), including total residential bedrooms permitted for multi-household dwellings;

(6)

Maximum residential occupancy for multi-household residential dwelling units;

(7)

Minimum and/or maximum structure height(s);

(8)

Open space shall be provided with all FRDs, and minimum and/or maximum open space shall be set by the FRD ordinance.

(9)

Off-street parking and loading needs and dimensions;

(10)

Any applicable queuing or stacking needs for internal traffic management;

(11)

Location, size, and/or amount of bufferyard(s), screening, and landscaping;

(12)

Layout of lots, streets, and any other infrastructure serving the FRD if applicable;

(13)

Location and size of any signage;

(14)

Location of and specifications for site access and internal traffic circulation; and

(15)

Any other site-specific prescription(s) deemed necessary for the development of the site as proposed.

B.

Any site development characteristics not prescribed in the approved plans for a FRD shall be subject to the minimum standards, if applicable, established within the Lyman Zoning Ordinance.

413.5.

FRD Application Process and Site Development Plan.

A.

Prior to submitting a FRD district application, the applicant is required to meet with the Zoning Administrator for a pre-application conference to avoid undue delay in the review process after the application is submitted.

B.

Applications for the FRD district shall include the following:

(1)

Site Development Plan, which shall include the following:

a.

Proposed uses of all land areas;

b.

Height of buildings and structures;

c.

Existing and proposed utility systems;

d.

Locations, sizes, dimensions, and materials of any structures, streets and alleys, public and private;

e.

Locations, sizes, and types of all existing and proposed rights-of-way and easements;

f.

Locations, dimensions, and materials of driveways and parking and loading areas;

g.

Locations, dimensions, and materials of pedestrian and bicycle facilities;

h.

Points of access to public or private external or internal streets;

i.

Locations, size(s), height(s), illumination, and orientation of all signs and lighting; sign permits are required;

j.

Development phases and timetables for initiation and completion;

k.

Density;

l.

Occupancy;

m.

Structure Elevations;

n.

Open space;

o.

On-site drainage;

p.

Dumpster locations;

q.

Bufferyard and landscaped areas;

r.

Any covenants, conditions, or other private restrictions related to the parcel(s) or use thereof;

s.

Other information deemed reasonably necessary for review by the Planning Commission.

(2)

Statement of Intent, which shall include the following:

a.

A description of the procedures of any proposed homeowners association or other group maintenance agreement.

b.

A statement setting forth the proposed development schedule.

c.

A statement of the public improvements both on- and off-site that are proposed for dedication and/or construction and an estimate of the timing for providing such improvements.

d.

A statement of impact on public facilities including water, sewer collection and treatment, fire protection, etc., and letters from the appropriate agencies or districts verifying that such facilities or services are available and adequate to serve the proposed development.

e.

A statement describing or renderings or photographs of the architectural style, appearance and orientation of proposed buildings.

f.

A statement describing the landscaping and screening of proposed project.

g.

A statement describing the maintenance and screening of any proposed pond, lake, or storm water management facility contained in the development.

h.

A statement describing pedestrian access and circulation throughout the project.

i.

Any such information or descriptions as may be deemed reasonably appropriate for review.

(3)

Prescriptive District Regulations. The applicant shall submit a list of the specific regulations that will govern the district's development. The district regulations should address all site development standards and will be included as part of the FRD ordinance.

413.6.

Changes to FRD Districts. Changes to an approved FRD district may be permitted. The Zoning Administrator shall determine whether any proposed change is major or minor using the criteria below. The Zoning Administrator's determination shall be a part of the FRD records.

A.

Major Changes. Changes to an approved FRD district that would significantly alter the basic concept and general characteristics of the district shall be approved by the Planning Commission and Town Council. Examples of major changes may include, but are not limited to the following:

(1)

Boundary changes.

(2)

Decrease in open space.

(3)

Increase or decrease in number of ingress and egress points.

(4)

Changes to less restrictive land uses, e.g. residential to commercial.

(5)

Any change which the Zoning Administrator determines would significantly alter the basic concept and general characteristics of the FRD district.

B.

Minor Changes. Changes to an approved FRD district that do not significantly alter the basic concept and general characteristics of the district may be approved administratively by the Zoning Administrator. Examples of minor changes may include, but are not limited to the following:

(1)

Reductions in density, signage, or square footage.

(2)

Increases in landscaping, open space, or setbacks.

(3)

Minor changes to landscaping, lighting, parking, or signage.

(4)

Minor changes may allow reorientation of structures, realignment of approved ingress and egress, changes to more restrictive land uses, or shifts in approved density from one area of FRD to another.

(Ord. No. 02142022G, 3-14-2022)