Due to the unique nature of certain public service uses and the need to locate such uses in certain areas of the town irrespective of prevailing district regulations, the following list of uses may be established in any zoning district in the Town of Lyman, provided such uses meet all dimensional requirements of the district, within which they will be located:

•

Post Office.

•

Police and Fire Stations, and other municipal buildings.

•

Telephone Exchange and Repeater Stations.

•

Radio and TV Station Masts.

606.1

Bufferyards. Post offices, police, fire and telephone exchanges and repeater stations shall observe the bufferyard requirements for office buildings in Table 3, Table of Bufferyard Requirements; all other uses shall observe the bufferyard requirements for Research and Industrial or Institutional uses as determined by the Zoning Administrator.

Editor's note— Nonsequential numbering is in the original.

606.2

Public Hearing. Prior to the granting of a building permit for any of the above-listed uses in a residential district or within 200' of a residential district, the Board of Zoning Appeals shall hold a public hearing on the matter. At least fifteen (15) days notice of time and place of which shall be published in a newspaper of general circulation in the Town of Lyman.

A.

Based on the hearing and the expected impact of such uses on contiguous uses and conditions, the Board of Zoning Appeals may elect to deny such request in favor of a more acceptable site elsewhere.

Editor's note— Nonsequential numbering is in the original.

All uses must satisfactorily comply with the requirements of the State Board of Health and the Spartanburg County Board of Health regarding the protection of waterways and air from pollution by dust, smoke, or other waste materials.

Editor's note— Ord. No. 02142022F, adopted March 12, 2021, repealed § 803, which pertained to street access and derived from Ord. of Sept. 1998; and Ord. of 11-25-02.

The required front, side, and rear setbacks for individual lots, as set forth for the particular zoning district within which a given lot is located, shall be measured inward toward the center of said lot from all points along the respective front, side, and rear property lines of the lot. Once the setback areas of a given lot have been established, the remaining area of the lot which is not included in any required front, side, or rear lot shall be known as the "buildable area."

Every building or use hereafter erected or established shall be located on a Lot of Record, and every one and two-family residential structure, except as herein provided, shall be located on an individual Lot of Record. In all cases, the principal buildings on a lot shall be located within the area formed by the building lines at outer boundaries, and in no case shall such buildings infringe beyond the building lines into the respective front, side, or rear yard setbacks or any other setback requirements for the district in which the lot is located except as provided for in Article VIII, Section 808.

On lots having frontage on more than one street at an intersection, the minimum street side setback requirement shall be equal to the minimum front yard setback.

On lots having frontage on two streets, but not located on a corner, the minimum front setback shall be provided on each street in accordance with the provisions of this Ordinance. On lots having frontage on more than two streets, the minimum front setback shall be provided in accordance with the regulations set forth in this ordinance on all of the street frontages.

The setback requirements of this ordinance shall not apply to any lot where the average setback on already built upon lots, located wholly or in part within one hundred (100) feet of each such lot and within the block and zoning district fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on such a lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots. However, in no case shall setbacks be less than fifteen (15) feet.

In all zoning districts established by this ordinance, except the CBD district, no fence, wall terrace, sign, shrubbery, planting or other structure or object capable of obstructing driver vision between the heights of three (3) and ten (10) feet above the finished street level shall be permitted on a corner lot within twenty-five (25) feet of the point formed by the intersection of the street right-of-way lines (or such lines extended in case of a rounded corner) which bound said lot.

At the intersection of any private drive or entrance or exit with a public street, no fence, wall, hedge, or other planting or sign forming a material impediment to visibility between a height of two and one-half (2½) feet and seven (7) feet shall be erected, planted, placed or maintained within fifteen (15) feet of the intersection.

In all front yards in the NBD, CBD, GBD, GI, and GI districts, a planting strip not less than six (6) feet wide shall be provided along the street line on the property, which shall be planted and maintained in grass or other suitable ground cover with street trees or in scrub planting or as may be required in approval of the site plans. This is only required in the CBD if there is a front yard.

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, silos, chimneys, smokestacks, conveyors, flag poles, masts and aerials, provided evidence from appropriate authorities is submitted to the effect that such building or structure will not interfere with any airport approach zones or flight patterns.

Any recreational facilities when adjacent to lots which are zoned or used for residential purposes shall comply with the following standards:

A.

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

B.

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

Common open space is land or water bodies used for recreational amenity. It shall be freely accessible to all residents of a development where required by this Ordinance. It shall not be occupied by buildings or structures, roads, parking or road right-of-way. Required open space shall not include setbacks or lots of residential units required to meet minimum lot area or parking requirements.

No major recreational equipment shall be stored on any lot in a residential or CBD district or in a neighborhood nearer to the street than the principal building of the lot fronting on that street, provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading or unloading. The parking of such equipment shall be in observance of all setback, yard, and other requirements set forth within the district in which they are located. No such equipment shall be used for living, sleeping, housekeeping purposes when parked or stored on a residential lot. No such equipment shall be parked in any location not approved for such use. No recreational vehicle over thirty (30) feet in length shall be parked on any lot zoned for residential purposes.

It shall be unlawful for any person, partnership, corporation, or other legal entity to permit, park or store a truck, automotive vehicle or trailer of any kind or type, on any residentially zoned property within the municipal corporate limits except within a completely enclosed building or covered with a factory made car cover:

A.

That is not operable;

B.

That does not display a lawful and current license tag;

C.

That does not have current liability insurance thereon.

This ordinance excludes bona fide classic automobiles which are currently undergoing restoration, and which are covered with factory-made automobile covers, and trailers not required by law to display a license tag.

If in violation of this ordinance, written notice shall be submitted to the owner or permittee of the parked or stored vehicle that such vehicle shall be removed within thirty (30) days from the date of such notice or be subject to the penalties detailed in Section 911. This section shall be enforced by the Town of Lyman Police Department.

All mobile homes brought into the Town of Lyman or relocated within the town subsequent to the adoption of this ordinance, whether placed in a mobile home park or on an individual parcel, shall be required to be in compliance with each of the following requirements:

817.1

No Certificate of Occupancy shall be issued for any mobile home originally brought into the Town of Lyman or relocated within the Town subsequent to the adoption of this ordinance unless a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator, to certify that the mobile home is in full compliance with this ordinance.

817.2

All mobile homes subject to this ordinance shall meet or exceed the most current construction standards promulgated by the U.S. Department of Housing and Urban Development, as well as the South Carolina Manufactured Housing Board, including:

A.

A permanent landing and steps with handrails are required for each outside doorway. The structure must include steps which lead to ground level. The landing, handrails, and steps must meet the requirements below.

B.

[Minimum standards.]

1.

A minimum 3 ft. by 3 ft. landing shall be required outside of each exit door.

2.

The landing shall not be more than 8½ inches below the threshold.

3.

Steps shall be 8¼ inches maximum in height. Treads shall be a minimum of 9 inches wide.

4.

All wood components in contact with the ground must be treated and approved for ground contact.

5.

If steps are 30 inches or greater in height, permanent handrails are to be installed.

C.

The pitch of the roof must have a minimum vertical rise of 2½ feet for every twelve feet of horizontal run, and the roof must be finished with a type of shingle that is commonly used in conventional residential site-built dwellings.

D.

The exterior siding shall consist of wood, hardboard, or vinyl comparable in composition, appearance and durability to the exterior siding commonly used in conventional residential site-built dwellings.

E.

Skirting or a curtain wall, unpierced except for required ventilation and access door, must be installed and maintained so that it encloses the area under manufactured multi-section homes and modular porches, decks, or other additions to ground level. The foundation skirting or curtain wall may be of brick, masonry, or vinyl or similar materials designed and manufactured for permanent outdoor installation. Materials used for skirting should be erected so as not to create a fire hazard and shall be maintained in a state of good repair. The skirting or curtain wall must be installed before a Certificate of Occupancy may be issued.

F.

The home must be placed upon footings and piers which meet the requirements of the Manufacturer's Installation Manual. Should the manufacturer's instructions not be available, this following shall apply:

1.

Footings - The base of all piers shall be comprised of a solid masonry block at least 3,000 psi strength. Piers less than 80" in height shall use blocks 16" × 16" × 4" in size. Piers more than 80" in height shall use blocks 24" × 24" × 6" in size.

2.

Piers - Piers less than 36" in height shall use 8" × 16" concrete block with open cells vertical.

3.

The piers shall be covered with a 2" × 8" × 16" wood or 4" masonry cap.

4.

All piers between 36" and 80" in height and all corner piers must be double blocked (8" × 16" blocked inter-locked) and capped with a 4" × 16" × 16" pressure treated pier cap or a 4" masonry cap.

5.

Piers over 80" in height require engineering.

G.

National Manufactured Housing Construction and Safety Standards Act or the Manufacturer's Installation Manual. Should the manufacturer's instructions not be available, the table below shall be used.

Multiple section manufactured homes require only the diagonal ties specified in Column C. The tongue, axles, transporting lights and towing apparatus must be removed from the manufactured home after placement on the lot and before occupancy.

Nonconforming buildings or uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. However, to avoid undue hardship, the lawful use of any building or land uses at the time of the enactment of this Ordinance may be continued even though such use does not conform with the provisions of this Ordinance except that the nonconforming building or land use or portions thereof, shall not be:

A.

Changed to another nonconforming use;

B.

Reused or reoccupied after discontinuance of use or occupancy for a period exceeding six (6) months;

C.

Reestablished, reoccupied, or replaced with the same or similar building, or land use after physical removal or relocation from its specific site location at the time of passage of this Ordinance;

D.

Repaired, rebuilt, or altered after damage exceeding fifty (50) percent of its replacement cost at the time of destruction. Reconstruction or repair, when legal, must begin within six (6) months after damage is incurred;

E.

Enlarged or altered in a way which increases its nonconformity.

F.

Entitled to retain its status as a lawful pre-existing nonconformity after transfer of ownership or conveyance of title;

G.

Entitled to retain its status as a lawful pre-existing nonconformity use if the use is not properly licensed under State law or does not possess any required town business license.

Nothing in this section shall be meant to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official lawfully charged with protecting the public safety, upon order of such official.

(Ord. No. 6102019A, 6-25-2019)

A home occupation shall be permitted in any residential district, provided such occupation:

A.

Is conducted by no other person than members of the family residing on the premises;

B.

Utilizes not more than twenty-five percent (25%) of the total floor area of the principal building;

C.

Produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling;

D.

No display or products shall be visible from the street and only articles made on the premises may be sold; except that nondurable articles (consumable products) that are incidental to a service, which service shall be the principle use in the home occupation, may be sold on the premises;

E.

Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition;

F.

No mechanical equipment is installed or used except such as is normally used for domestic or office purposes;

G.

Storage related to a customary home occupation business is permitted in an accessory building, but the use of an accessory building for a separate commercial use is not permitted;

H.

In addition to other uses deemed unacceptable by the Zoning Administrator, the following uses shall not be considered home occupations:

1.

Animal hospitals, kennels, or stable.

2.

Barber shops and beauty parlors.

3.

Dancing schools.

4.

Funeral homes.

5.

Medical or dental offices or clinics hospitals.

6.

Nursery schools.

7.

Restaurants.

8.

Tourist homes.

I.

Zoning permits shall be required for all home occupations and shall be submitted to Town Hall before a business license is issued.

In addition to the principal uses, each of the following uses is considered to be a customary accessory use, and as such may be situated on the same lot with the principal use or uses to which it serves as accessory.

820.1

Uses Customarily Accessory to Dwellings.

A.

Private garage.

B.

Open storage space or parking area for motor vehicles provided that such space shall not be used for more than one (1) commercial vehicle licensed as one ton or less in capacity per family residing on the premises.

C.

Shed or toolroom for the storage of equipment used in grounds or building maintenance.

D.

Pet House. Kennels used for commercial purposes are prohibited.

E.

Private swimming pool and bathhouse.

F.

Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.

G.

Noncommercial flower, ornamental shrub or vegetable garden or greenhouse.

H.

Satellite dishes. A maximum of one (1) per lot and placed in the rear setback only. Such dish shall not be located closer than ten (10) feet from any property line.

820.2

Uses Customarily Accessory to a Church.

A.

Religious education buildings.

B.

Parsonage or parish house, together with any use accessory to a dwelling as listed under Subsection 820.1.

C.

Off-street parking area for the use of members and visitors of the church.

820.3

Uses Customarily Accessory to Retail Businesses, Office Use and Commercial Recreation Facilities.

A.

Off-street parking or storage areas for customer, client, or employee owned vehicles.

B.

Completely enclosed building for the storage of supplies, stock, or merchandise.

C.

Light manufacturing and/or repair facility incidental to the principal use provided that dust, odor, smoke, noise, vibration, heat, or glare produced as a result or such manufacturing or repair operation is not perceptible from any boundary line or the lot on which said principal and accessory uses are located and provided such operation is not otherwise specifically prohibited in the district in which the principal use is located.

D.

Satellite dishes. A maximum of one (1) per lot and placed in the rear setback only. Such dish shall not be located closer than ten (10) feet from any property line.

820.4

Uses Customarily Accessory to Industry and Principal Agricultural Use in Industrial Districts.

A.

Watchman or caretaker's one-family dwelling provided that such a dwelling is located on the premises of a permitted use; and, provided a member of the household is employed by the industry as a watchman or caretaker.

B.

Dwelling incidental to a permitted agricultural or horticultural use provided that such related dwellings are occupied by persons employed directly on the premises.

C.

Retail or wholesale business or service, provided such business or service is incidental to a permitted industrial use, is located on the same premises, and involves no open storage of junk or salvage materials in conjunction with the operation.

D.

Private recreation facilities provided such facility is incidental to a permitted use and located on the same premises.

The minimum front setback of the zoning district in which the parcel is located shall serve as the minimum front setback for accessory uses. For accessory structures of not greater than six hundred (600) square feet in area, or fifteen (15) feet in height and swimming pools, the minimum rear setback shall be ten (10) feet and the minimum side setback shall be ten (10) feet. The accessory use shall occupy not more than a total of thirty (30) percent of the required rear and side setback for that district. No accessory structure shall be greater than 800 square feet.

For any accessory use of greater than six hundred (600) square feet in area or fifteen (15) feet in height, except swimming pools, the minimum setbacks of the zoning district in which the use is located shall apply.

822.1

Purpose and Intent. The purpose of the Temporary Structure Ordinance is to regulate the use of storage containers, temporary storage units and temporary office construction trailers on property within Town Limits. The Ordinance will also ensure the preservation and protection of visual quality and character of neighborhoods as well as promote safety and health among the residents of the Town of Lyman.

822.2

Definitions.

Storage container, shipping container or intermodal container (Storage structures) is defined as a standardized reusable steel box used for the safe, efficient and secure storage and movement of materials and products within a global containerized internodal freight transport system. Storage container, shipping container or intermodal container shall be deemed for temporary use.

Temporary Storage Unit is defined as a temporary, self-contained storage unit, which is intended to be picked up and moved to various locations on demand.

Temporary Construction Trailer is defined as modular or portable office trailers, constructions trailers, storage trailers used to accommodate temporary offices or storage of building materials during construction projects.

822.3

General.

A.

Storage structures shall not occupy off-street parking, loading or landscape areas.

B.

Storage structures shall not be used for living quarters.

C.

Storage structures shall not store materials considered to be hazardous according to the most current edition of the International Fire Code (IFC).

D.

Licensed and bonded contractors may use intermodal containers or construction trailers for temporary location of an office and/or storage structure during construction. They shall be removed from the premises within thirty (30) working days after the issuance of a Certificate of Occupancy.

822.4

Residential Districts.

A.

Only accessory storage buildings or structures shall be permitted on property in a residential district. Storage containers, intermodal containers, construction trailers, PODS are not to be used as accessory storage buildings.

B.

The placement of temporary portable storage Unit/POD on residentially zoned properties or on properties where the primary uses are residential shall be allowed for the limited purposes of loading and unloading household contents, subject to these additional requirements:

1.

A temporary portable storage unit shall not be allowed for a period of time exceeding ninety (90) days in any consecutive twelve-month period. Unless the use of the container is pursuant to a permit from the Town of Lyman or its designee, they shall be removed from the premises within thirty (30) working days after the issuance of a Certificate of Occupancy.

2.

No temporary portable storage structure or construction trailer shall be placed on any public street or right-of-way.

822.5

Commercial and Industrial Districts.

A.

Only temporary storage structures and construction trailers are permitted in the Commercial and Industrial Districts during the remodeling or construction on the premises. They shall be removed within thirty (30) working days after the issuance of a Certificate of Occupancy or Final Inspection.

B.

No temporary storage structure or construction trailer shall be placed on any public street or right-of-way.

(Ord. No. 07132020C, 8-10-2020; Ord. No. 05132024G, § 8, 6-10-2024)