- ALLOWED USES2
Editor's note—Ord. No. 970, § 5, adopted April 19, 2021, repealed Art. 7 in its entirety and enacted new provisions to read as herein set out. Former Art. 7, §§ 7:1—7:7, 7:9, 7:11—7:14, pertained to provisions for uses permitted by special exception. See Art. 10 for similar provisions.
7:1.1 Generally.
The Table of Allowed Uses established in this section sets forth the uses allowed within the base zoning districts of this Ordinance. The following shall serve as a key to this table and shall direct whether each type of use is allowed or not in any given district.
1.
Permitted (P): Permitted by right subject to general district standards, site development standards, and other applicable standards provided in this Ordinance and related codes.
2.
Conditional (C): Permitted subject to specific conditions and specific use standards in addition to general district standards, site development standards, and other applicable standards provided in this Ordinance and related codes.
3.
Special Exception (S): Permitted only as a special exception through a discretionary review process set forth in Article 4 of this Ordinance and in accordance with the review criteria established in this Ordinance. Such uses shall also be subject to any applicable use standards set forth herein in addition to general district standards, site development standards, and other applicable standards.
4.
Not Permitted (-): The use is not permitted in the district. A blank cell or field in the table shall also indicate that the use is not permitted in the district.
7:1.2 State and Federal Regulation of Uses.
Any use regulated by the laws of the State of South Carolina or the U.S. government shall be subject to such regulations in addition to any standards provided in this Ordinance.
7:1.3 Multiple Principal Uses.
Only those uses allowed in the underlying zoning district shall be allowed in developments with multiple principal uses or occupiable units (such as shopping centers).
Detached single-family residential dwellings shall not be established in combination with any other principal use, including another detached single-family dwelling, on the same lot of record unless expressly permitted in this Ordinance.
7:1.4 Uses Not Listed.
If a particular use is not listed in the Table of Allowed Uses, the Business and Development Services Director shall determine if that use can reasonably be interpreted to fit into a use category where similar uses are described. The Business and Development Services Director shall give due consideration to the purpose of this Ordinance and the zoning district(s) involved and the nature of the use(s) in question.
In order to determine if the proposed use(s) is similar in nature and function to another use category, the Business and Development Services Director shall assess all relevant characteristics of the proposed use, including, but not limited to, the following:
1.
The volume and type of sales;
2.
The size and type of items sold and the nature of the inventory on the premises;
3.
Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, and distribution;
4.
The nature and location of storage and outdoor display of merchandise;
5.
The type, size, and nature of structures;
6.
The number of employees and customers and hours of operation;
7.
Traffic generation and parking turnover;
8.
The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes; and
9.
Other impacts related to health, safety, and general welfare.
The Business and Development Services Director may also utilize resources such as the Land-Based Classification Standards (LBCS) of the American Planning Association (APA) and the most current edition of the North American Industrial Classification System (NAICS) to assist in this determination.
If the Business and Development Services Director determines that a proposed use is similar to a listed use, the proposed use shall comply with the standards for that listed use. Where the Business and Development Services Director does not determine a similar use, that use shall be prohibited until such time this Ordinance is amended to allow the use in a zoning district.
7:1.5 Table of Allowed Uses.
(Ord. No. 970, § 5, 4-19-2021; Ord. No. 986, § 2, 10-18-2021; Ord. No. 1032, § 1, 5-20-2024)
The Table of Allowed Uses lists various land uses and activities as general use categories or classifications. These classifications are intended to group land uses and activities based on common functional, operational, or physical characteristics. These classifications provide a systematic method for prescribing land uses allowed in various zoning districts.
This section contains general descriptions that apply to these use classifications. These classifications are listed in order as they appear in the Table of Allowed Uses. Where a land use or activity may appear to meet the description of more than one use classification or where a land use or activity does not appear to meet the description of any use classification, the Business and Development Services Director shall determine the appropriate use classification, if any.
7:2.1 Description of Residential Uses.
A.
Cluster Housing (Attached or Detached Single-Family)
A form of residential subdivision that permits housing units to be grouped on sites or lots with dimensions, frontages, and setbacks reduced from conventional standards, provided the density of the tract as a whole does not exceed the density allowed by the underlying zoning district and a percentage of the land area is provided as common open space.
B.
Dwelling—Attached Single-Family
A one-family dwelling with its own ground floor exterior entry and attached to one or more one-family dwellings by common vertical walls without openings.
C.
Dwelling—Detached Single-Family
A one-family dwelling that is not attached to any other dwelling or other principal use by any means and is surrounded by open space or yards.
This classification excludes mobile homes, manufactured homes, recreational vehicles, and travel trailers.
D.
Dwelling—Multi-Family
A dwelling or group of dwellings located on a single lot or parcel of ground designed for the occupancy of three or more families living independently of each other in individual dwelling units. This includes dwelling units stacked one above another.
E.
Manufactured Home
A factory-built, single-family structure that is built to the Manufactured Home Construction and Safety Standards (MHCSS) of the HUD code.
Such homes have been formerly referred to as mobile homes. The term "mobile home" was originally coined to describe trailers that were equipped to function as truly mobile homes. The mobile home of years past has now become a fixed, in-place house that is mobile only at the time it is moved from the factory to the site. Besides losing its mobility, the "mobile home" has also become larger, and the safety and quality have been significantly improved as a result of the HUD code. These units built to this code since 1976 are properly referred to as "manufactured homes."
F.
Manufactured Housing Park
Any area or tract of land that provides for the parking or installation of manufactured homes used or intended to be used for living or sleeping purposes, regardless of whether or not such homes are offered for lease or rent.
Travel trailers, campers, motor homes, and other recreational vehicles shall not be permitted for occupancy in any manufactured housing park.
7:2.2 Description of Accommodation Uses.
A.
Bed and Breakfast
A residential-type lodging facility having no more than ten (10) guestrooms and that serves breakfast to registered guests. The facility is primarily residential in style regarding design and the amenities provided to guests. The facility serves as both the facility proprietor's residence and a place of lodging for transient guests.
B.
Dwelling—Short-Term Rental
A one-family dwelling, or any portion thereof, that is provided as lodging for transient guests for a period of less than thirty (30) days in exchange for compensation.
C.
Hotel
An establishment primarily engaged in providing short-term lodging in facilities known as hotels or motels. In addition to providing short-term lodging accommodations, these establishments may offer to guests food and beverage services, recreational services, conference rooms and convention services, laundry services, parking and other services.
7:2.3 Description of Institutional and Social Uses.
A.
Cemetery
An establishment that operates or provides sites or structures used or reserved for the interment of human or animal remains.
B.
Day Care Center (Adult or Children)
A nonresidential establishment primarily engaged in providing day care for either children or adults (but not both simultaneously).
When caring for children, these establishments generally care for preschool children and infants, but may care for school-aged children when they are not in school and may offer prekindergarten educational programs.
When caring for adults, these establishments generally provide custodial care for adults who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention.
This classification excludes child day care homes and adult day care homes.
C.
Day Care Home (Adult or Children)
An accessory use or home occupation at a single-family dwelling in which day care is provided by the resident for children or adults (but not both simultaneously) unrelated to the resident of the dwelling and who are not the legal wards or foster children of the resident. The children or adults receiving care do not reside at the dwelling.
When caring for adults, these establishments generally provide custodial care for adults who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention.
This classification excludes child day care centers and adult day care centers.
D.
Funeral Home
An establishment that prepares the dead for burial or interment and conducts funerals. Ordinarily these establishments are associated with providing facilities for wakes, arranging transportation for the dead, selling caskets and related products.
E.
Health Care Service—Assisted Living
An establishment that provides housing for persons that require some assistance with day-to-day living. These establishments may also provide food services and common recreational, social, and service facilities for the exclusive use of residents. Custodial and personal care is provided in a home-like, social setting.
F.
Health Care Service—Hospital
An establishment that provides medical, diagnostic, and treatment services. These establishments often provide physician, nursing, and specialized accommodation services for inpatient care.
G.
Health Care Service—Nursing Home
An establishment that provides housing and organized care and services to persons who require twenty-four-hour medical supervision. Medical and personal care is provided in a clinical setting.
H.
Health Care Service—Outpatient
An establishment that offers health care services directly to patients without providing inpatient services. These establishments include physician offices, dentists, chiropractors, optometrists, outpatient family planning services, medical and diagnostic laboratories, and blood and organ banks.
I.
Health Care Service—Residential Care Facility
An establishment that provides housing and personal care for persons, who by reason of mental or physical disability, addition to drugs or alcohol or family and/or school adjustment problems, require a specialized residential setting.
J.
Library
An establishment engaged in maintaining collections of documents and media (e.g., books, journals, newspapers, music, etc.) and facilitating the use, but not sale, of such documents and media according to the informational, research, educational, or recreational needs of their users.
K.
Meeting or Assembly Hall
An establishment ordinarily used for gatherings or meetings of organizations that (1) advocate various social or political causes, or (2) promotes and defends the interests of its members. Such organizations may include civic organizations, human rights organizations, environmental organizations, wildlife organizations, business associations, labor unions, other similar social, professional, or political organizations.
L.
Public Administration Building
A government-occupied establishment that administers, oversees, and manages public programs and ordinarily associated with executive, legislative, or judicial authority.
M.
Public Safety Facility
A government-occupied establishment that provides fire and rescue, police, or emergency medical services.
This classification excludes correctional facilities.
N.
Public Works Facility
A government-occupied establishment that provides and maintains public infrastructure and may provide public services such as solid waste collection.
O.
Religious Institution
An establishment primarily engaged in operating religious organizations, such as churches, temples, monasteries, synagogues, etc., and/or an establishment primarily engaged in administering an organized religion or promoting religious activities.
P.
School—College or University
An establishment that furnishes academic or technical courses and grants degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels. These include junior colleges, colleges, universities, and professional schools. The requirement for admission is typically at least a high school diploma or equivalent general academic training.
Q.
School—Grade
An establishment primarily engaged in furnishing academic courses and associated work that comprise a basic preparatory education. A basic preparatory education ordinarily includes kindergarten through 12 th grade.
R.
School—Technical, Trade, or Other Specialty
An establishment that offers vocational and technical training among a variety of technical subjects and trades. The training often leads to job-specific certification.
S.
Social Assistance Services
An establishment that provides social assistance and associated services.
Such establishments include the following:
1.
Child and youth services, such as adoption and foster care, drug prevention, life skills training, and positive social development.
2.
Services for the elderly and disabled, such as social activities and group support.
3.
Individual and family counseling services.
4.
Community food services, such as food banks and meal delivery programs.
5.
Vocational rehabilitation services, such as job counseling and job training.
This classification excludes soup kitchens and temporary shelters.
7:2.4 Description of Commercial and Office Uses.
A.
Catering Services
An establishment primarily engaged in providing single event-based food services. These establishments generally have equipment and vehicles to transport meals and snacks to events and/or prepare food at an off-premise site.
Examples of events catered by establishments in this category include graduation parties, wedding receptions, business or retirement luncheons, and trade shows. However, this type of establishment may also engage in contractual arrangements to provide food services to off-premise locations.
B.
Communication or Information Services
An establishment engaged in these general operations: (1) producing and distributing information and cultural products, (2) providing the means to transmit or distribute these products as well as data or communications, and (3) processing data.
Such establishments include the following:
1.
Publishing industries, including software publishing, traditional publishing, and publishing exclusively on the Internet.
2.
Motion picture and sound recording studios.
3.
Broadcasting industries, including traditional broadcasting and broadcasting exclusively over the Internet.
4.
Telecommunication industries.
5.
Internet service providers and web search portals.
6.
Data processing industries.
7.
Information services industries.
This classification excludes motion picture theaters and film festivals, libraries, telecommunication towers and antennae, and other broadcasting towers.
C.
Dry Cleaning and Laundry Services
An establishment primarily engaged in providing one or more of the following services:
1.
Dry cleaning services.
2.
Laundering services.
3.
Drop-off and pick-up sites for laundries and/or drycleaners.
4.
Specialty cleaning services for specific types of garments and other textile items (except carpet and upholstery), including fur, leather, suede, wedding gowns, hats, draperies, and pillows.
D.
Financial Establishment
An establishment that primarily engages in financial transactions (transactions involving the creation, liquidation, or change in ownership of financial assets) and/or facilitating financial transactions.
Such establishments include the following:
1.
Bank, credit union, or savings institution.
2.
Credit and financial establishment.
3.
Investment banking, securities, and brokerages.
4.
Fund, trust, or other financial establishment.
This classification excludes debt relief businesses, check cashing businesses, payday lenders, title loan businesses, precious metal businesses, other deferred presentment lenders, and like businesses. These exclusions are their own separate classification.
E.
Fringe Financial Services
An establishment that provides financial services outside of a traditional bank. Such establishments include the following:
1.
Check cashing businesses.
2.
Payday advance/loan businesses.
3.
Title loan businesses.
4.
Debt relief businesses.
5.
Precious metal dealers.
6.
Deferred presentment lenders.
7.
Other like businesses.
This classification excludes retail businesses such as pawnshops or jewelry stores that obtain a precious metal dealer license in the normal course of their retail business.
F.
Health and Personal Care Services
An establishment that provides health and personal care services from a fixed point-of-sale location.
Such establishments include the following:
1.
Hair, nail, and skin care services, including barber and beauty shops.
2.
Diet and weight loss centers and personal fitness centers.
3.
Day spas, massage parlors, or saunas.
4.
Tanning salons.
This classification excludes tattoo parlors and body piercing establishments.
G.
Tattoo and Body Piercing Services
An establishment that provides tattoo or body piercing services from a fixed point-of-sale location.
H.
Motor Vehicle Sales
An establishment that retails or rents motor vehicles from fixed point-of-sale locations.
Such establishments include the following:
1.
New and used car dealers.
2.
Passenger car rental and leasing.
3.
Motorcycle, ATV, moped, motor scooter, and golf cart dealers.
This classification excludes dealers or rental of large vehicle (RV, bus, truck, trailer, boat, personal watercraft, aircraft, or mobile home), truck stops, truck repair shops, and salvage yards of damaged or inoperable motor vehicles.
I.
Motor Vehicle Services
An establishment that services motor vehicles from fixed point-of-sale locations.
Such establishments include the following:
1.
Gasoline stations.
2.
General automotive repair and maintenance shops, including tire services.
3.
Automotive body, paint, interior, and glass repair shops.
4.
Automotive oil change and lubrication shops.
5.
Car washes
This classification excludes centers that service large vehicle (RV, bus, truck, trailer, boat, personal watercraft, aircraft, or mobile home), truck stops, truck repair shops, and salvage yards of damaged or inoperable motor vehicles.
J.
Large Vehicle Sales and Service
An establishment that retails, rents, or services large vehicles from fixed point-of-sale locations.
Such establishments include the following:
1.
Large vehicle (RV, bus, truck, boat, personal watercraft, aircraft, or mobile home) dealers.
2.
Truck, utility trailer, RV, boat and personal watercraft rental.
3.
Truck stops.
4.
Truck repair shops.
5.
Truck, bus, and boat washes.
This classification excludes salvage yards of damaged or inoperable motor vehicles.
K.
Office and Professional Services
An establishment that specializes in performing professional, scientific, and technical activities for others. These activities often involve specialized expertise.
Such establishments include the following:
1.
Office and administrative services.
2.
Real estate services.
3.
Legal services.
4.
Insurance-related services.
5.
Financial investment advice services.
6.
Accounting, tax, bookkeeping, and payroll services.
7.
Architectural, engineering, and related services.
8.
Graphic, fashion, and interior design services.
9.
Information technology and computer software services.
10.
Management and consultation services.
11.
Research and development services.
12.
Advertising, media, and photography services.
13.
Business support and employment services.
14.
Translation and interpretation services.
15.
Travel arrangement and reservation services.
16.
Investigation and security services.
17.
Wedding and party planning services.
This classification excludes debt relief businesses, check cashing businesses, payday lenders, title loan businesses, precious metal businesses, other deferred presentment lenders, and like businesses. These exclusions are their own separate classification.
L.
Pet and Animal Care Services
An establishment that is primarily engaged in providing pet care services, such as veterinary, boarding, grooming, sitting, and training pets and animals.
M.
Restaurant
An establishment where food and drink are prepared, served, and consumed. Food and drink may be consumed on the premises, taken out, or delivered to the customer's location. In addition to providing food services, these establishments may incidentally sell alcoholic beverages and/or present live nontheatrical, non-erotic entertainment such as music or comedy, but not dancing.
This classification excludes bars, taverns, or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These exclusions are their own separate classification.
This classification also excludes night clubs, dance clubs and any erotic or sexually-oriented businesses.
N.
Bar, Brew Pub or Drinking Place
An establishment known as a bar, brew pub, microbrewery, tavern, or drinking place primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These establishments may also provide food and non-erotic entertainment such as music or comedy, but not dancing.
This classification excludes nightclubs, dance clubs and any erotic or sexually-oriented businesses.
O.
Retail Sales
Establishments engaged in the selling or rental of goods or merchandise, generally to the general public for personal use or household consumption, and in rending services incidental to the sale of such goods.
This classification includes establishments that retail or provide customary service directly related to any of the following product lines:
1.
Art works and supplies.
2.
Bicycles.
3.
Books, magazines, music, videos, office supplies, and stationery.
4.
Clothing, jewelry, luggage, shoes, etc.
5.
Camera and photographic supplies and services.
6.
Computers and software.
7.
Electronics and appliances.
8.
Flowers and floral arrangements.
9.
Furniture or home furnishings.
10.
Gifts, novelties, souvenirs, and similar small item miscellanea.
11.
Health and personal care merchandise, including cosmetics, beauty supplies, perfume, optical goods, and health supplements.
12.
Motor vehicle parts (except tires).
13.
Pets and pet supplies.
14.
Pharmacies or drug stores.
15.
Specialty food items not for immediate consumption, including baked goods, meats and poultry, fish and seafood, coffee and tea, confectionery products, nuts, spices, dairy products and gourmet foods.
16.
Sporting goods, toy and hobby, and musical instruments.
17.
Tobacco products and supplies.
18.
Used merchandise generally retailed in antique shops and consignment boutique shops (consignment stores, thrift stores, pawn shops, and flea markets excluded).
This classification excludes other retail uses that are specifically referenced or described in other classifications provided in this Ordinance.
P.
Big Box Retail Store
A retail establishment typically fifty thousand (50,000) square feet or more. The product lines listed below are usually associated with retail establishments of this size. An establishment less than fifty thousand (50,000) square feet is not necessarily excluded from this description if it is still consistent with the characteristics of the establishments described herein and the intent of associated regulations.
1.
Hardware, lumber, building materials, and similar home improvement centers.
2.
Lawn and garden supplies.
3.
General merchandise as may be retailed in department stores, warehouse clubs, or superstores.
Q.
Grocery Store or Supermarket
An establishment that primarily engages in retailing a varied line of foods, such as canned and frozen foods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry. These establishments are generally known as a supermarket or grocery store.
This classification excludes packaged alcoholic beverage stores and small box variety stores.
R.
Packaged Alcoholic Beverage Store
An establishment primarily engaged in retailing packaged alcoholic beverages, such as ale, beer, wine, and liquor.
S.
Small Box Variety Store
A retail establishment typically less than fifteen thousand (15,000) square feet that sells at retail an assortment of physical goods, products, or merchandise directly to the consumer, including food or beverage for off-premise consumption, household products, personal grooming and health products, and other consumer goods. An establishment that exceeds fifteen thousand (15,000) square feet is not necessarily excluded from this description if it is still consistent with the characteristics of the establishments described herein and the intent of associated regulations.
This classification excludes small box stores that:
1.
Contain a prescription pharmacy;
2.
Sell gasoline or diesel fuel;
3.
Primarily sell specialty food items (e.g., meat, seafood, cheese, oils and vinegars; etc.);
4.
Dedicate at least fifteen (15) percent of shelf space to fresh or fresh frozen foods; or
5.
Dedicate less than five (5) percent of shelf space to food sales.
T.
Thrift Store or Consignment Store
An establishment principally engaged in the sale of used merchandise. This includes consignment stores where non-donated used merchandise is placed for sale with the business by the owner of the merchandise, and the purchase price is customarily divided between the business and the owner of the merchandise upon the sale of the merchandise. This also include thrift stores where the used merchandise is usually obtained through bulk-purchases or through donations or gifts, and the donor does not generally receive any value or profit upon the sale of the merchandise.
This classification excludes pawn shops, fringe financial services including precious metal dealers, and businesses engaged in the sale of used guns, appliances, mattresses, or motor vehicles.
U.
Services to Buildings and Dwellings
An establishment primarily engaged in providing services such as pest control, janitorial activities, locksmith, landscaping, carpet and upholstery cleaning, packing and crating services, and other services for buildings and dwellings.
This classification excludes utility services.
7:2.5 Description of Industry, Warehousing, and Transportation Uses.
A.
Construction and Contractor Services
An establishment primarily engaged in the construction of buildings or engineering projects. Establishments primarily engaged in the preparation of sites for new construction and establishments primarily engaged in preparing and subdividing land for sale as building sites are also included in this classification. This classification also includes establishments of specialized construction activities, such as plumbing, painting, and electrical work.
Construction work performed may include new construction, additions, alterations, or maintenance and repairs. This classification entails the fixed place of business from which these activities are generally operated and not the actual site of the construction activity itself. The construction activity is performed at a separate location, where permitted.
B.
Junk/Salvage Yard
A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment. Scrap or discarded material includes, but is not limited to, metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment, and appliances.
C.
Manufacturing
An establishment that is engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The assembly of component parts of manufactured products is considered manufacturing, except for construction and contractor services.
Such establishments included manufacturers of the following product lines:
1.
Food, beverage, and related products.
2.
Textiles, apparel, and related products.
3.
Wood, furniture, and related products.
4.
Plastics and rubber products.
5.
Nonmetallic mineral products.
6.
Machinery and fabricated metal products.
7.
Transportation equipment.
8.
Computer and electronic products.
9.
Electrical equipment and components.
10.
Medical equipment and supplies.
11.
Jewelry and silverware.
12.
Sporting and athletic goods.
13.
Dolls, toys, games, and musical instruments.
14.
Office supplies (except paper), inks, etc.
15.
Signs.
This classification excludes the manufacture of explosives, agricultural industries, petroleum refineries, smelting, fertilizer manufacturing, sanitary landfills, waste to energy facilities, solid waste transfer stations, sewage treatment plants, lumber or paper mills, or other manufacturing uses with potentially noxious impacts, as determined by the Business and Development Services Director.
D.
Parcel Delivery Services
An establishment that provides intercity and/or local delivery of parcels. These articles can be described as those that may be handled by one person without using special equipment.
This classification includes activities of the United States Postal Service and its subcontractors in delivering letters and small parcels.
E.
Passenger Transportation Services
An establishment that provides passenger transportation by automobile, bus or van. Taxicab owner/operators, taxicab fleet operators, and taxicab organizations are included. Also included are limousine and luxury sedan passenger services and scenic or sightseeing passenger services.
F.
Self-Store or Mini-Warehouse Facility
An establishment primarily engaged in renting or leasing space for self-storage. These establishments provide secure space (i.e., rooms, compartments, lockers, containers, or outdoor space) where clients can store and retrieve their goods and possessions.
G.
Towing Services
An establishment that tows light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as limited storage and emergency road repair services.
H.
Truck and Freight Transportation Services
An establishment primarily engaged in providing over-the-road transportation of cargo using motor vehicles, such as trucks and tractor trailers. General freight establishments handle a wide variety of commodities, generally palletized, and transported in a container or van trailer. Specialized freight transportation requires specialized equipment due to the size, weight, shape or other inherent characteristics of the cargo.
I.
Warehousing
An establishment primarily engaged in operating warehousing and storage facilities for general merchandise, refrigerated goods, and other warehouse products. These establishments provide facilities to store goods. They may also provide a range of services, often referred to as logistic services, related to the distribution of goods. However, establishments in this classification always provide warehousing or storage services in addition to any logistic services. Furthermore, the warehousing or storage of goods must be more than incidental to the performance of services, such as price marking.
This classification excludes lessors of mini-warehouses and self-storage units.
J.
Wholesaling
An establishment engaged in wholesaling merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. Wholesalers are organized to sell or arrange the purchase or sale of (1) goods for resale (i.e., goods sold to other wholesalers or retailers), (2) capital or durable non-consumer goods, and (3) raw and intermediate materials and supplies used in production.
Wholesalers sell merchandise to other businesses and normally operate from a warehouse or office. These warehouses and offices are characterized by having little or no display of merchandise. In addition, neither the design nor the location of the premises is intended to solicit walk-in traffic. Wholesalers do not normally use advertising directed to the general public. Customers are generally reached initially via telephone, in-person marketing, or by specialized advertising that may include Internet and other electronic means.
7:2.6 Description of Arts, Entertainment, and Recreation Uses.
A.
Amusement or Games Facility
An establishment primarily engaged in games or amusement activities, either indoor or outdoor.
Such establishments include arcades, bowling centers, billiard parlors, go-cart tracks, miniature golf, indoor shooting range, skating rinks, trampoline parks, theme parks, water parks, and family fun centers.
This classification excludes hunting or game preserves, outdoor shooting ranges, campgrounds, and related establishments. This classification also excludes establishments that are engaged in or resemble gambling activities.
B.
Clubhouse or Country Club
A recreational facility consisting of a clubhouse or similar indoor activity area, which is usually restricted to members and their guests, or guests by invitation. This facility is typically used for leisure activities but may also be used for private gatherings.
Club houses and country clubs may also be accompanied by outdoor recreational facilities such as tennis courts, swimming pools, and golf courses.
C.
Event Center or Banquet Hall
A recreational facility consisting of an indoor event space generally available for lease by private parties. This facility is typically used for dining and dancing activities associated with weddings, banquets, parties, and similar activities.
This classification excludes bars, taverns, or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These exclusions are their own separate classification.
D.
Fitness/Sports Club, Studio, or Center
An establishment primarily engaged in operating indoor fitness, instructional, and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, dance, skating, or racquet sports. This classification includes gymnasiums.
E.
Exhibition Facility
An establishment that engages in the preservation and/or exhibition of objects, sites, and natural wonders of historical, cultural, and/or educational value.
Included are public and private museums, exhibitions and art galleries, historical sites, observatories, planetariums, aquariums, botanical gardens or zoological parks, and similar establishments. This classification also includes convention facilities which have both an exhibition hall and a number of meeting rooms.
F.
Private Outdoor Recreation Amenity
An outdoor recreational area for the exclusive use of members and their guests. These facilities may include outdoor amenities such as playgrounds, ball fields, game courts, swimming pools, golf courses, and picnic tables.
This classification excludes hunting or game preserves, outdoor shooting ranges, campgrounds, and related establishments.
G.
Public Park or Recreation Area
An outdoor recreational area commonly open to the public and which may serve a variety of outdoor leisure activities. These facilities may include outdoor amenities such as playgrounds, ball fields, game courts, swimming pools, and picnic tables.
This classification excludes hunting or game preserves, outdoor shooting ranges, campgrounds, and related establishments.
H.
Stadium or Arena
An establishment involving sports teams or clubs or independent athletes participating in live sporting events before a paying audience.
This classification excludes racetracks (e.g., motor vehicles, dog, horse, etc.).
I.
Theater
An establishment that is primarily engaged in showing movies or motion pictures or producing live presentations involving the performances of actors and actresses, singers, dancers, musical groups and artists, comedians, and other performing artists.
Such establishments include performing arts theaters, movie theaters, and cineplexes.
This classification excludes drive-in theaters, nightclubs, erotic dance clubs, adult motion picture theaters, and other sexually-oriented businesses.
7:2.7 Description of Miscellaneous Use Types.
A.
Parking Structure
A structure or portion thereof composed of one or more levels or floors used primarily for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
B.
Sexually Oriented Business
See Chapter 10, Article IV, of the Mauldin Code of Ordinances for a complete description of the classification of these businesses as well as accompanying regulations.
C.
Solid Waste-Related Services
An establishment which provides waste management services such as (1) hauling waste materials locally; (2) operating materials recovery facilities (i.e., sort recyclable materials from trash); or (3) provides remediation services (i.e., the cleanup of contaminated sites).
This classification excludes landfills.
D.
Telecommunication Tower
A structure on which there are electronic facilities for receiving or transmitting communication signals.
This classification excludes consumer satellite dishes and television antennae, amateur radio operators licensed by the Federal Communications Commission, small cell wireless facilities, and telephone/power lines supported by poles.
E.
Utility Building or Facility (Major)
A building or structure used or intended to be used by any utility company, including, but not limited to, any (1) gas treatment plant reservoir, tank, or other storage facility; (2) water treatment plant, well, reservoir, tank, or other storage facility; (3) electric generating plant, distribution, or transmission substation; (4) telephone switching or other communications plant, earth station, or other receiving or transmission facility; (5) any storage yard for public utility equipment or vehicles; or (6) any parking lot for parking vehicles or automobiles to serve a utility company.
7:2.8 Description of Residential Accessory Uses and Structures.
A.
Accessory Dwelling
A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling or other principal use, and that is part of the same structure.
Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.
B.
Equine Stable
An accessory building in which horses or ponies are sheltered.
C.
Fence or Wall
A vertical freestanding structure used to define a boundary or as a means of protection, confinement, or visual obstruction.
D.
Home Occupation
Any activity carried out for gain in a dwelling or an occupational use of a dwelling clearly incidental and secondary to its use for residential purposes and which does not change the character of the building and site.
E.
Outdoor Recreational Structure
An outdoor recreational structure for the exclusive use of residents of the dwelling. Such structures may include playground equipment such as swings and slides, playing surfaces such as basketball courts and tennis courts, or swimming pools or hot tubs.
F.
Residential Storage
A detached structure which is accessory to a dwelling unit and designed for the storage of motor vehicles, boats, lawn and garden equipment, pool care equipment, or similar equipment for residential use.
7:2.9 Description of Nonresidential Accessory Uses and Structures.
A.
Accessory Dwelling
A secondary dwelling unit established in in conjunction with and clearly subordinate to a principal use, and that is part of the same structure.
B.
Outdoor Dining
An area used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals, outside of an enclosed building.
C.
Outdoor Storage
The storage of any material for a period greater than twenty-four (24) hours, including items for sale, lease, processing, and repair not in an enclosed building.
(Ord. No. 970, § 5, 4-19-2021; Ord. No. 986, § 2, 10-18-2021)
7:3.1 Purpose and Intent.
Temporary uses can be beneficial to local economic development and can be popular with the community. At the same time, reasonable regulations and review procedures can be necessary to ensure that temporary uses and structures do not become permanent or jeopardize public health, safety, and welfare. This section allows for the establishment of specific temporary uses of limited duration. The regulations in this section have the following intent:
A.
Reasonably allow land uses on a temporary basis that are not appropriate on a long-term/permanent basis.
B.
Maintain the health, safety, and welfare of the surrounding area and the greater community.
C.
Provide predictable outcomes for applicants and the community.
D.
Promote economic development.
E.
Encourage the use of underused land.
7:3.2 Applicability.
The standards in this section apply to non-permanent uses that take place on a temporary basis whether on the same site or in different locations in the City. The activities listed in this section require the issuance of a permit, except where exempted herein.
7:3.3 Authority.
In approving a temporary use permit, the City Administrator, or his designee, is authorized to impose any of the following requirements, as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed temporary use/structure.
A.
Provision of temporary parking facilities, including vehicular access and egress;
B.
Control of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, odors, gases, and heat;
C.
Prohibition of the storage or use of hazardous materials;
D.
Regulation of placement, height, size, and location of equipment;
E.
Provision of sanitary and medical facilities;
F.
Provision of solid waste collection and disposal;
G.
Provision of security and safety measures;
H.
Use of an alternate location or date;
I.
Modification or elimination of certain proposed activities;
J.
Regulation of operating hours and days, including limitation of the duration to a shorter time period than requested or specified in this section; and
K.
Submission of a performance guarantee to ensure that any temporary use will be removed from the lot or site within a reasonable time and the lot or site will be restored to its former condition.
7:3.4 General Standards for All Temporary Uses and Structures.
Any temporary use or structure shall generally meet the following standards.
A.
Property owner permission. The operator of the temporary use or structure must obtain written permission from the landowner of the property where the temporary use or structure will be located prior to the establishment of the temporary use or structure. The operator must be willing and able to produce such written permission to the appropriate authority upon request.
B.
Permits and licenses. The operator of the temporary use or structure shall obtain the appropriate permits and licenses, including a City of Mauldin business license where applicable pursuant to Chapter 10, Article II of the Mauldin Code of Ordinances, from the City of Mauldin and other applicable agencies prior to the establishment of the temporary use or structure.
C.
Protection of health, safety, and general welfare. The temporary use or structure shall not be detrimental to other property or improvements in the surrounding area or to the public health, safety, or general welfare.
D.
Maintain conditional use standards. Where the property or use of the property is subject to any standards or conditions of approval, those applicable standards and conditions shall be maintained.
E.
Permanent alterations prohibited. Permanent alterations to the site, especially as would contradict the temporary nature of the use or structure, are prohibited.
F.
Temporary signage. Any signage for the temporary use or structure shall comply with the applicable standards and requirements for temporary signage.
G.
Utility connections. Any connections to water, sewer, electrical and other utilities shall meet the appropriate standards and obtain applicable approvals for those connections. Such written approval(s) must be available for inspection by the City upon request.
H.
Parking and accessibility. Adequate parking, including required minimum parking for both the temporary use/structure and existing uses/structures as provided in Section 6:1 of the Mauldin Zoning Ordinance, shall be provided on-site or via written parking agreement(s) with an adjacent property owner(s). Existing fire lanes, ADA accessibility, pedestrian access, and vehicular access shall be maintained at the property where the temporary use or structure will be located.
I.
Buffers and landscaping. Any existing landscaping and buffer areas shall be protected and maintained at the property where the temporary use or structure will be located.
J.
Restroom facilities. Adequate restroom facilities shall be available on-site.
K.
Trash collection and disposal. Adequate trash collection and disposal shall be provided for the temporary use or structure.
L.
Operating hours. Any outdoor activities at a temporary use or structure within five hundred (500) feet of a residential use shall begin no earlier than 7:00 a.m. and cease no later than 10:00 p.m.
7:3.5 Certain Temporary Uses and Structures Exempt from Permit Requirements.
Temporary use permits are not required for the following activities or events (this exemption does not exempt the activity from any other required applicable permits or licenses, such as building permits, business licenses, alcoholic beverage licenses, health department approvals, hospitality taxes, etc.).
A.
Outdoor promotional events with a total anticipated assembly of less than two hundred (200) people. In addition to the general standards provided in subsection 7:3.4, such events shall adhere to the following standards.
1.
Permissible locations. Such events are only allowed at non-residential properties.
2.
Event duration. Such events are allowed for up to two (2) consecutive days.
3.
Number of events. The maximum number of such events allowed at the same property in a calendar year is four (4).
B.
Private events, such as weddings, private parties, funerals, etc., not open to the general public and lasting less than twelve (12) hours.
C.
Events sponsored or hosted by the City of Mauldin. Events hosted by the City of Mauldin are still subject to a separate review and approval process administered by the department that manages the facility where the event will be hosted.
D.
Events at permanent places of worship, sports facilities, schools, auditoriums, or other similar established places of assembly.
E.
Events at common areas in residential neighborhoods organized and managed by the homeowners' association of that neighborhood.
F.
Events at the plaza and activity spaces at BridgeWay Station where such events operate with the permission of the management company for BridgeWay Station.
G.
Mobile food sales at construction sites or places of employment with one hundred (100) or more employees with the intent of solely serving food to the employees working at the construction site or place of employment. In addition to the general standards provided in subsection 7:3.4, such sales shall adhere to the following standards.
1.
Number of mobile food sales vendors. The maximum number of mobile food sales vendors allowed at a site at one (1) time is one (1).
2.
Sales duration. Such food sales are allowed for up to two (2) hours on any given day.
H.
Construction-related structures or containers at a construction site with an active construction permit. Such structures or containers must be removed within thirty (30) days following the issuance of the certificate of occupancy or certificate of completion for the construction project.
I.
Real estate sales/leasing office at a residential development project under active construction. In addition to the general standards provided in subsection 7:3.4, such offices shall adhere to the following standards.
1.
Permissible locations. Such offices are only allowed at residential development projects under active construction.
2.
Permissible operations. The use of the office must only be for the initial sale or lease of properties within the residential development at which the office is located.
3.
Duration. Such offices are allowed only for the period during which the development project is under active construction.
4.
Minimum setbacks. The structure shall meet the required setbacks for the underlying zoning district to the extent practicable. The Business and Development Services Director may grant alternative setback requirements when he determines that such alternative setback requirements are necessary to accommodate any existing structures or proposed improvements on the site.
5.
Mobile structure requirements. Underpinning, skirting, or other curtain wall materials must be installed around the entire perimeter of any mobile structure.
J.
Construction office at an active construction project. In addition to the general standards provided in subsection 7:3.4, such offices shall adhere to the following standards.
1.
Permissible locations. Such offices are only allowed at development projects under active construction.
2.
Permissible operations. The use of the office must only be as an office for those contractors and construction personnel working at the development site where the office is located.
3.
Duration. Such offices are allowed only for the period during which the development project is under active construction.
4.
Minimum setbacks. The structure shall meet the required setbacks for the underlying zoning district to the extent practicable. The Business and Development Services Director may grant alternative setback requirements when he determines that such alternative setback requirements are necessary to accommodate any existing structures or proposed improvements on the site.
5.
Mobile structure requirements. Underpinning, skirting, or other curtain wall materials shall be installed around the entire perimeter of any mobile structure.
K.
Garage sales or yard sales. In addition to the general standards provided in subsection 7:3.4, such sales shall adhere to the following standards.
1.
Permissible locations. Such sales are only allowed at a residential dwelling or in the common area of a residential neighborhood with the permission of the homeowners' association.
2.
Number of days. Such sales are allowed for up to a maximum of thirty (30) days in a calendar year. The aggregate number of days a sale is conducted at the same property is subject to this maximum number of days.
3.
Merchandise for sale. Only general household goods may be sold at such sales.
L.
Intermittent food sales by an ice cream truck that does not park or sit idle for more than fifteen (15) minutes at any one (1) location.
M.
Portable storage containers. In addition to the general standards provided in subsection 7:3.4, such containers shall adhere to the following standards.
1.
Permissible locations. Such containers are only allowed at residential properties.
2.
Duration. Such containers are only allowed for up to thirty (30) consecutive days.
3.
Number of occurrences. Containers cannot be placed at the same property more than two (2) separate occurrences in a calendar year.
4.
Placement. Containers must be placed on the driveway or behind the dwelling. Exception: A container may be placed in the front yard or side yard for a maximum of forty-eight (48) hours provided the container does not impair the visibility of any motorist, cyclist, or pedestrian at any street or driveway intersection.
5.
Number of containers. No more than two (2) containers may be placed on a single lot at one (1) time.
6.
Prohibited materials. Non-residential materials and substances, including but not limited to hazardous materials, explosives, and/or unlawful substances and materials, shall not be stored or transported in such containers.
7:3.6 Temporary Uses and Structures Allowed by Permit.
Each of the temporary uses and/or structure provided in this section requires a temporary use permit and are subject to the standards provided herein.
A.
Seasonal outdoor sales for the sale of Christmas trees, pumpkins, or similar agricultural products. In addition to the general standards provided in subsection 7:3.4, such sales shall adhere to the following standards.
1.
Permissible locations. Such sales are only allowed at non-residential properties.
2.
Hours of operation. The hours of operation for such sales shall be limited to 7:00 a.m. until 10:00 p.m.
3.
Duration. Such sales are only allowed for up to sixty (60) consecutive days.
4.
Number of occurrences. No more than two (2) such sales events may be permitted at the same location in a calendar year.
B.
Large events with an anticipated assembly of two hundred (200) people or more or a duration of more than two (2) consecutive days on an individual parcel or site. In addition to the general standards provided in subsection 7:3.4, such events shall adhere to the following standards.
1.
Permissible locations. Such events are only allowed at non-residential properties.
2.
Duration. Such events are only allowed for up to fourteen (14) consecutive days.
3.
Number of occurrences. No more than four (4) such events may be permitted at the same location in a calendar year.
4.
Liability insurance. The applicant must provide proof of liability insurance in an amount equal to the city's liability under the Government Tort Claims Act (S.C. Code 1976, § 15-78-10 et seq.) and require the execution of a hold harmless agreement to indemnify the city in the event it is held liable for any injuries or damage because of the event.
7:3.7 Mobile Food Sales.
Mobile food sales, including any vehicle, truck, trailer, cart, or other movable structure or device used for the sale of food and beverages, are only allowed to set up and operate at the following temporary use activities provided in subsection 7:3.5 and subsection 7:3.6:
a.
Outdoor promotional events in accordance with subsection 7:3.5(A);
b.
Private events in accordance with subsection 7:3.5(B);
c.
Events sponsored or hosted by the City of Mauldin in accordance with subsection 7:3.5(C);
d.
Events at permanent places of worship, sports facilities, school, auditoriums, or similar established places of assembly in accordance with subsection 7:3.5(D);
e.
Events at common areas in residential neighborhoods in accordance with subsection 7:3.5(E);
f.
Events at the plaza and activity spaces at BridgeWay Station in accordance with subsection 7:3.5(F);
g.
Mobile food sales at construction sites in accordance with subsection 7:3.5(G);
h.
Mobile food sales at places of employment with one hundred (100) or more employees in accordance with subsection 7:3.5(G); and
i.
Intermittent food sales by an ice cream truck in accordance with subsection 7:3.5(L).
In addition to the general standards provided in subsection 7:3.4, mobile food sales shall adhere to the following standards.
1.
Placement. Mobile food sales must be set back at least fifteen (15) feet from any fire hydrant, utility box or vault, handicap accessible ramp or aisle, and building entrance or exit. Additionally, mobile food sales shall be placed such that they do not impair the visibility of any motorist, cyclist, or pedestrian.
2.
Mauldin business license. A valid annual City of Mauldin business license is required prior to setting up or operating a mobile food unit within the city limits of Mauldin. Valid licenses shall be displayed in a visible location at the mobile food unit. At the time of application for a business license for a mobile food vehicle, the applicant shall provide a copy of a valid driver's license, vehicle registration, and proof of general liability insurance for operation of the vehicle as a motor vehicle.
3.
Inspection. Prior to the issuance of a City of Mauldin business license, any vehicle, truck, trailer, cart, or other movable structure or device used in the sale of food and beverages must be inspected by the Mauldin Fire Department, or by an acceptable agency approved by the Mauldin Fire Department, for compliance with the City's Fire Code.
4.
DHEC compliance. Mobile food sales vendors shall meet all applicable DHEC regulations for mobile food units and possess a valid DHEC permit where applicable. Any mobile food vendor or vending unit that has been issued a notice of health violation by any department of the State of South Carolina, which remains uncorrected upon a subsequent inspection, shall not be allowed to operate within the city limits of Mauldin.
5.
Discharge of substances. Fat, oil, grease, or wastewater is not allowed to be discharged into the sanitary sewer system or stormwater collection system. All waste shall be properly stored and disposed of at a properly designated and authorized disposal location.
6.
Sale of alcoholic beverages. The sale of alcohol beverages is prohibited unless the proposed location of the sale of alcoholic beverages has been approved by the South Carolina Department of Revenue Alcohol Beverage Licensing and the sale of alcoholic beverages complies with the conditions of such approval. The issuance of a license by the South Carolina Department of Revenue is subject to a review by the Mauldin Police Chief who will review the location, set-up, and operations of the proposed sale of alcoholic beverages. If the Police Chief determines that the proposed activity does not protect the health, safety, or general welfare of the community, the Police Chief may deny the sale of alcoholic beverages.
(Ord. No. 1026, § 2, 3-18-2024)
- ALLOWED USES2
Editor's note—Ord. No. 970, § 5, adopted April 19, 2021, repealed Art. 7 in its entirety and enacted new provisions to read as herein set out. Former Art. 7, §§ 7:1—7:7, 7:9, 7:11—7:14, pertained to provisions for uses permitted by special exception. See Art. 10 for similar provisions.
7:1.1 Generally.
The Table of Allowed Uses established in this section sets forth the uses allowed within the base zoning districts of this Ordinance. The following shall serve as a key to this table and shall direct whether each type of use is allowed or not in any given district.
1.
Permitted (P): Permitted by right subject to general district standards, site development standards, and other applicable standards provided in this Ordinance and related codes.
2.
Conditional (C): Permitted subject to specific conditions and specific use standards in addition to general district standards, site development standards, and other applicable standards provided in this Ordinance and related codes.
3.
Special Exception (S): Permitted only as a special exception through a discretionary review process set forth in Article 4 of this Ordinance and in accordance with the review criteria established in this Ordinance. Such uses shall also be subject to any applicable use standards set forth herein in addition to general district standards, site development standards, and other applicable standards.
4.
Not Permitted (-): The use is not permitted in the district. A blank cell or field in the table shall also indicate that the use is not permitted in the district.
7:1.2 State and Federal Regulation of Uses.
Any use regulated by the laws of the State of South Carolina or the U.S. government shall be subject to such regulations in addition to any standards provided in this Ordinance.
7:1.3 Multiple Principal Uses.
Only those uses allowed in the underlying zoning district shall be allowed in developments with multiple principal uses or occupiable units (such as shopping centers).
Detached single-family residential dwellings shall not be established in combination with any other principal use, including another detached single-family dwelling, on the same lot of record unless expressly permitted in this Ordinance.
7:1.4 Uses Not Listed.
If a particular use is not listed in the Table of Allowed Uses, the Business and Development Services Director shall determine if that use can reasonably be interpreted to fit into a use category where similar uses are described. The Business and Development Services Director shall give due consideration to the purpose of this Ordinance and the zoning district(s) involved and the nature of the use(s) in question.
In order to determine if the proposed use(s) is similar in nature and function to another use category, the Business and Development Services Director shall assess all relevant characteristics of the proposed use, including, but not limited to, the following:
1.
The volume and type of sales;
2.
The size and type of items sold and the nature of the inventory on the premises;
3.
Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, and distribution;
4.
The nature and location of storage and outdoor display of merchandise;
5.
The type, size, and nature of structures;
6.
The number of employees and customers and hours of operation;
7.
Traffic generation and parking turnover;
8.
The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes; and
9.
Other impacts related to health, safety, and general welfare.
The Business and Development Services Director may also utilize resources such as the Land-Based Classification Standards (LBCS) of the American Planning Association (APA) and the most current edition of the North American Industrial Classification System (NAICS) to assist in this determination.
If the Business and Development Services Director determines that a proposed use is similar to a listed use, the proposed use shall comply with the standards for that listed use. Where the Business and Development Services Director does not determine a similar use, that use shall be prohibited until such time this Ordinance is amended to allow the use in a zoning district.
7:1.5 Table of Allowed Uses.
(Ord. No. 970, § 5, 4-19-2021; Ord. No. 986, § 2, 10-18-2021; Ord. No. 1032, § 1, 5-20-2024)
The Table of Allowed Uses lists various land uses and activities as general use categories or classifications. These classifications are intended to group land uses and activities based on common functional, operational, or physical characteristics. These classifications provide a systematic method for prescribing land uses allowed in various zoning districts.
This section contains general descriptions that apply to these use classifications. These classifications are listed in order as they appear in the Table of Allowed Uses. Where a land use or activity may appear to meet the description of more than one use classification or where a land use or activity does not appear to meet the description of any use classification, the Business and Development Services Director shall determine the appropriate use classification, if any.
7:2.1 Description of Residential Uses.
A.
Cluster Housing (Attached or Detached Single-Family)
A form of residential subdivision that permits housing units to be grouped on sites or lots with dimensions, frontages, and setbacks reduced from conventional standards, provided the density of the tract as a whole does not exceed the density allowed by the underlying zoning district and a percentage of the land area is provided as common open space.
B.
Dwelling—Attached Single-Family
A one-family dwelling with its own ground floor exterior entry and attached to one or more one-family dwellings by common vertical walls without openings.
C.
Dwelling—Detached Single-Family
A one-family dwelling that is not attached to any other dwelling or other principal use by any means and is surrounded by open space or yards.
This classification excludes mobile homes, manufactured homes, recreational vehicles, and travel trailers.
D.
Dwelling—Multi-Family
A dwelling or group of dwellings located on a single lot or parcel of ground designed for the occupancy of three or more families living independently of each other in individual dwelling units. This includes dwelling units stacked one above another.
E.
Manufactured Home
A factory-built, single-family structure that is built to the Manufactured Home Construction and Safety Standards (MHCSS) of the HUD code.
Such homes have been formerly referred to as mobile homes. The term "mobile home" was originally coined to describe trailers that were equipped to function as truly mobile homes. The mobile home of years past has now become a fixed, in-place house that is mobile only at the time it is moved from the factory to the site. Besides losing its mobility, the "mobile home" has also become larger, and the safety and quality have been significantly improved as a result of the HUD code. These units built to this code since 1976 are properly referred to as "manufactured homes."
F.
Manufactured Housing Park
Any area or tract of land that provides for the parking or installation of manufactured homes used or intended to be used for living or sleeping purposes, regardless of whether or not such homes are offered for lease or rent.
Travel trailers, campers, motor homes, and other recreational vehicles shall not be permitted for occupancy in any manufactured housing park.
7:2.2 Description of Accommodation Uses.
A.
Bed and Breakfast
A residential-type lodging facility having no more than ten (10) guestrooms and that serves breakfast to registered guests. The facility is primarily residential in style regarding design and the amenities provided to guests. The facility serves as both the facility proprietor's residence and a place of lodging for transient guests.
B.
Dwelling—Short-Term Rental
A one-family dwelling, or any portion thereof, that is provided as lodging for transient guests for a period of less than thirty (30) days in exchange for compensation.
C.
Hotel
An establishment primarily engaged in providing short-term lodging in facilities known as hotels or motels. In addition to providing short-term lodging accommodations, these establishments may offer to guests food and beverage services, recreational services, conference rooms and convention services, laundry services, parking and other services.
7:2.3 Description of Institutional and Social Uses.
A.
Cemetery
An establishment that operates or provides sites or structures used or reserved for the interment of human or animal remains.
B.
Day Care Center (Adult or Children)
A nonresidential establishment primarily engaged in providing day care for either children or adults (but not both simultaneously).
When caring for children, these establishments generally care for preschool children and infants, but may care for school-aged children when they are not in school and may offer prekindergarten educational programs.
When caring for adults, these establishments generally provide custodial care for adults who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention.
This classification excludes child day care homes and adult day care homes.
C.
Day Care Home (Adult or Children)
An accessory use or home occupation at a single-family dwelling in which day care is provided by the resident for children or adults (but not both simultaneously) unrelated to the resident of the dwelling and who are not the legal wards or foster children of the resident. The children or adults receiving care do not reside at the dwelling.
When caring for adults, these establishments generally provide custodial care for adults who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention.
This classification excludes child day care centers and adult day care centers.
D.
Funeral Home
An establishment that prepares the dead for burial or interment and conducts funerals. Ordinarily these establishments are associated with providing facilities for wakes, arranging transportation for the dead, selling caskets and related products.
E.
Health Care Service—Assisted Living
An establishment that provides housing for persons that require some assistance with day-to-day living. These establishments may also provide food services and common recreational, social, and service facilities for the exclusive use of residents. Custodial and personal care is provided in a home-like, social setting.
F.
Health Care Service—Hospital
An establishment that provides medical, diagnostic, and treatment services. These establishments often provide physician, nursing, and specialized accommodation services for inpatient care.
G.
Health Care Service—Nursing Home
An establishment that provides housing and organized care and services to persons who require twenty-four-hour medical supervision. Medical and personal care is provided in a clinical setting.
H.
Health Care Service—Outpatient
An establishment that offers health care services directly to patients without providing inpatient services. These establishments include physician offices, dentists, chiropractors, optometrists, outpatient family planning services, medical and diagnostic laboratories, and blood and organ banks.
I.
Health Care Service—Residential Care Facility
An establishment that provides housing and personal care for persons, who by reason of mental or physical disability, addition to drugs or alcohol or family and/or school adjustment problems, require a specialized residential setting.
J.
Library
An establishment engaged in maintaining collections of documents and media (e.g., books, journals, newspapers, music, etc.) and facilitating the use, but not sale, of such documents and media according to the informational, research, educational, or recreational needs of their users.
K.
Meeting or Assembly Hall
An establishment ordinarily used for gatherings or meetings of organizations that (1) advocate various social or political causes, or (2) promotes and defends the interests of its members. Such organizations may include civic organizations, human rights organizations, environmental organizations, wildlife organizations, business associations, labor unions, other similar social, professional, or political organizations.
L.
Public Administration Building
A government-occupied establishment that administers, oversees, and manages public programs and ordinarily associated with executive, legislative, or judicial authority.
M.
Public Safety Facility
A government-occupied establishment that provides fire and rescue, police, or emergency medical services.
This classification excludes correctional facilities.
N.
Public Works Facility
A government-occupied establishment that provides and maintains public infrastructure and may provide public services such as solid waste collection.
O.
Religious Institution
An establishment primarily engaged in operating religious organizations, such as churches, temples, monasteries, synagogues, etc., and/or an establishment primarily engaged in administering an organized religion or promoting religious activities.
P.
School—College or University
An establishment that furnishes academic or technical courses and grants degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels. These include junior colleges, colleges, universities, and professional schools. The requirement for admission is typically at least a high school diploma or equivalent general academic training.
Q.
School—Grade
An establishment primarily engaged in furnishing academic courses and associated work that comprise a basic preparatory education. A basic preparatory education ordinarily includes kindergarten through 12 th grade.
R.
School—Technical, Trade, or Other Specialty
An establishment that offers vocational and technical training among a variety of technical subjects and trades. The training often leads to job-specific certification.
S.
Social Assistance Services
An establishment that provides social assistance and associated services.
Such establishments include the following:
1.
Child and youth services, such as adoption and foster care, drug prevention, life skills training, and positive social development.
2.
Services for the elderly and disabled, such as social activities and group support.
3.
Individual and family counseling services.
4.
Community food services, such as food banks and meal delivery programs.
5.
Vocational rehabilitation services, such as job counseling and job training.
This classification excludes soup kitchens and temporary shelters.
7:2.4 Description of Commercial and Office Uses.
A.
Catering Services
An establishment primarily engaged in providing single event-based food services. These establishments generally have equipment and vehicles to transport meals and snacks to events and/or prepare food at an off-premise site.
Examples of events catered by establishments in this category include graduation parties, wedding receptions, business or retirement luncheons, and trade shows. However, this type of establishment may also engage in contractual arrangements to provide food services to off-premise locations.
B.
Communication or Information Services
An establishment engaged in these general operations: (1) producing and distributing information and cultural products, (2) providing the means to transmit or distribute these products as well as data or communications, and (3) processing data.
Such establishments include the following:
1.
Publishing industries, including software publishing, traditional publishing, and publishing exclusively on the Internet.
2.
Motion picture and sound recording studios.
3.
Broadcasting industries, including traditional broadcasting and broadcasting exclusively over the Internet.
4.
Telecommunication industries.
5.
Internet service providers and web search portals.
6.
Data processing industries.
7.
Information services industries.
This classification excludes motion picture theaters and film festivals, libraries, telecommunication towers and antennae, and other broadcasting towers.
C.
Dry Cleaning and Laundry Services
An establishment primarily engaged in providing one or more of the following services:
1.
Dry cleaning services.
2.
Laundering services.
3.
Drop-off and pick-up sites for laundries and/or drycleaners.
4.
Specialty cleaning services for specific types of garments and other textile items (except carpet and upholstery), including fur, leather, suede, wedding gowns, hats, draperies, and pillows.
D.
Financial Establishment
An establishment that primarily engages in financial transactions (transactions involving the creation, liquidation, or change in ownership of financial assets) and/or facilitating financial transactions.
Such establishments include the following:
1.
Bank, credit union, or savings institution.
2.
Credit and financial establishment.
3.
Investment banking, securities, and brokerages.
4.
Fund, trust, or other financial establishment.
This classification excludes debt relief businesses, check cashing businesses, payday lenders, title loan businesses, precious metal businesses, other deferred presentment lenders, and like businesses. These exclusions are their own separate classification.
E.
Fringe Financial Services
An establishment that provides financial services outside of a traditional bank. Such establishments include the following:
1.
Check cashing businesses.
2.
Payday advance/loan businesses.
3.
Title loan businesses.
4.
Debt relief businesses.
5.
Precious metal dealers.
6.
Deferred presentment lenders.
7.
Other like businesses.
This classification excludes retail businesses such as pawnshops or jewelry stores that obtain a precious metal dealer license in the normal course of their retail business.
F.
Health and Personal Care Services
An establishment that provides health and personal care services from a fixed point-of-sale location.
Such establishments include the following:
1.
Hair, nail, and skin care services, including barber and beauty shops.
2.
Diet and weight loss centers and personal fitness centers.
3.
Day spas, massage parlors, or saunas.
4.
Tanning salons.
This classification excludes tattoo parlors and body piercing establishments.
G.
Tattoo and Body Piercing Services
An establishment that provides tattoo or body piercing services from a fixed point-of-sale location.
H.
Motor Vehicle Sales
An establishment that retails or rents motor vehicles from fixed point-of-sale locations.
Such establishments include the following:
1.
New and used car dealers.
2.
Passenger car rental and leasing.
3.
Motorcycle, ATV, moped, motor scooter, and golf cart dealers.
This classification excludes dealers or rental of large vehicle (RV, bus, truck, trailer, boat, personal watercraft, aircraft, or mobile home), truck stops, truck repair shops, and salvage yards of damaged or inoperable motor vehicles.
I.
Motor Vehicle Services
An establishment that services motor vehicles from fixed point-of-sale locations.
Such establishments include the following:
1.
Gasoline stations.
2.
General automotive repair and maintenance shops, including tire services.
3.
Automotive body, paint, interior, and glass repair shops.
4.
Automotive oil change and lubrication shops.
5.
Car washes
This classification excludes centers that service large vehicle (RV, bus, truck, trailer, boat, personal watercraft, aircraft, or mobile home), truck stops, truck repair shops, and salvage yards of damaged or inoperable motor vehicles.
J.
Large Vehicle Sales and Service
An establishment that retails, rents, or services large vehicles from fixed point-of-sale locations.
Such establishments include the following:
1.
Large vehicle (RV, bus, truck, boat, personal watercraft, aircraft, or mobile home) dealers.
2.
Truck, utility trailer, RV, boat and personal watercraft rental.
3.
Truck stops.
4.
Truck repair shops.
5.
Truck, bus, and boat washes.
This classification excludes salvage yards of damaged or inoperable motor vehicles.
K.
Office and Professional Services
An establishment that specializes in performing professional, scientific, and technical activities for others. These activities often involve specialized expertise.
Such establishments include the following:
1.
Office and administrative services.
2.
Real estate services.
3.
Legal services.
4.
Insurance-related services.
5.
Financial investment advice services.
6.
Accounting, tax, bookkeeping, and payroll services.
7.
Architectural, engineering, and related services.
8.
Graphic, fashion, and interior design services.
9.
Information technology and computer software services.
10.
Management and consultation services.
11.
Research and development services.
12.
Advertising, media, and photography services.
13.
Business support and employment services.
14.
Translation and interpretation services.
15.
Travel arrangement and reservation services.
16.
Investigation and security services.
17.
Wedding and party planning services.
This classification excludes debt relief businesses, check cashing businesses, payday lenders, title loan businesses, precious metal businesses, other deferred presentment lenders, and like businesses. These exclusions are their own separate classification.
L.
Pet and Animal Care Services
An establishment that is primarily engaged in providing pet care services, such as veterinary, boarding, grooming, sitting, and training pets and animals.
M.
Restaurant
An establishment where food and drink are prepared, served, and consumed. Food and drink may be consumed on the premises, taken out, or delivered to the customer's location. In addition to providing food services, these establishments may incidentally sell alcoholic beverages and/or present live nontheatrical, non-erotic entertainment such as music or comedy, but not dancing.
This classification excludes bars, taverns, or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These exclusions are their own separate classification.
This classification also excludes night clubs, dance clubs and any erotic or sexually-oriented businesses.
N.
Bar, Brew Pub or Drinking Place
An establishment known as a bar, brew pub, microbrewery, tavern, or drinking place primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These establishments may also provide food and non-erotic entertainment such as music or comedy, but not dancing.
This classification excludes nightclubs, dance clubs and any erotic or sexually-oriented businesses.
O.
Retail Sales
Establishments engaged in the selling or rental of goods or merchandise, generally to the general public for personal use or household consumption, and in rending services incidental to the sale of such goods.
This classification includes establishments that retail or provide customary service directly related to any of the following product lines:
1.
Art works and supplies.
2.
Bicycles.
3.
Books, magazines, music, videos, office supplies, and stationery.
4.
Clothing, jewelry, luggage, shoes, etc.
5.
Camera and photographic supplies and services.
6.
Computers and software.
7.
Electronics and appliances.
8.
Flowers and floral arrangements.
9.
Furniture or home furnishings.
10.
Gifts, novelties, souvenirs, and similar small item miscellanea.
11.
Health and personal care merchandise, including cosmetics, beauty supplies, perfume, optical goods, and health supplements.
12.
Motor vehicle parts (except tires).
13.
Pets and pet supplies.
14.
Pharmacies or drug stores.
15.
Specialty food items not for immediate consumption, including baked goods, meats and poultry, fish and seafood, coffee and tea, confectionery products, nuts, spices, dairy products and gourmet foods.
16.
Sporting goods, toy and hobby, and musical instruments.
17.
Tobacco products and supplies.
18.
Used merchandise generally retailed in antique shops and consignment boutique shops (consignment stores, thrift stores, pawn shops, and flea markets excluded).
This classification excludes other retail uses that are specifically referenced or described in other classifications provided in this Ordinance.
P.
Big Box Retail Store
A retail establishment typically fifty thousand (50,000) square feet or more. The product lines listed below are usually associated with retail establishments of this size. An establishment less than fifty thousand (50,000) square feet is not necessarily excluded from this description if it is still consistent with the characteristics of the establishments described herein and the intent of associated regulations.
1.
Hardware, lumber, building materials, and similar home improvement centers.
2.
Lawn and garden supplies.
3.
General merchandise as may be retailed in department stores, warehouse clubs, or superstores.
Q.
Grocery Store or Supermarket
An establishment that primarily engages in retailing a varied line of foods, such as canned and frozen foods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry. These establishments are generally known as a supermarket or grocery store.
This classification excludes packaged alcoholic beverage stores and small box variety stores.
R.
Packaged Alcoholic Beverage Store
An establishment primarily engaged in retailing packaged alcoholic beverages, such as ale, beer, wine, and liquor.
S.
Small Box Variety Store
A retail establishment typically less than fifteen thousand (15,000) square feet that sells at retail an assortment of physical goods, products, or merchandise directly to the consumer, including food or beverage for off-premise consumption, household products, personal grooming and health products, and other consumer goods. An establishment that exceeds fifteen thousand (15,000) square feet is not necessarily excluded from this description if it is still consistent with the characteristics of the establishments described herein and the intent of associated regulations.
This classification excludes small box stores that:
1.
Contain a prescription pharmacy;
2.
Sell gasoline or diesel fuel;
3.
Primarily sell specialty food items (e.g., meat, seafood, cheese, oils and vinegars; etc.);
4.
Dedicate at least fifteen (15) percent of shelf space to fresh or fresh frozen foods; or
5.
Dedicate less than five (5) percent of shelf space to food sales.
T.
Thrift Store or Consignment Store
An establishment principally engaged in the sale of used merchandise. This includes consignment stores where non-donated used merchandise is placed for sale with the business by the owner of the merchandise, and the purchase price is customarily divided between the business and the owner of the merchandise upon the sale of the merchandise. This also include thrift stores where the used merchandise is usually obtained through bulk-purchases or through donations or gifts, and the donor does not generally receive any value or profit upon the sale of the merchandise.
This classification excludes pawn shops, fringe financial services including precious metal dealers, and businesses engaged in the sale of used guns, appliances, mattresses, or motor vehicles.
U.
Services to Buildings and Dwellings
An establishment primarily engaged in providing services such as pest control, janitorial activities, locksmith, landscaping, carpet and upholstery cleaning, packing and crating services, and other services for buildings and dwellings.
This classification excludes utility services.
7:2.5 Description of Industry, Warehousing, and Transportation Uses.
A.
Construction and Contractor Services
An establishment primarily engaged in the construction of buildings or engineering projects. Establishments primarily engaged in the preparation of sites for new construction and establishments primarily engaged in preparing and subdividing land for sale as building sites are also included in this classification. This classification also includes establishments of specialized construction activities, such as plumbing, painting, and electrical work.
Construction work performed may include new construction, additions, alterations, or maintenance and repairs. This classification entails the fixed place of business from which these activities are generally operated and not the actual site of the construction activity itself. The construction activity is performed at a separate location, where permitted.
B.
Junk/Salvage Yard
A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment. Scrap or discarded material includes, but is not limited to, metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment, and appliances.
C.
Manufacturing
An establishment that is engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The assembly of component parts of manufactured products is considered manufacturing, except for construction and contractor services.
Such establishments included manufacturers of the following product lines:
1.
Food, beverage, and related products.
2.
Textiles, apparel, and related products.
3.
Wood, furniture, and related products.
4.
Plastics and rubber products.
5.
Nonmetallic mineral products.
6.
Machinery and fabricated metal products.
7.
Transportation equipment.
8.
Computer and electronic products.
9.
Electrical equipment and components.
10.
Medical equipment and supplies.
11.
Jewelry and silverware.
12.
Sporting and athletic goods.
13.
Dolls, toys, games, and musical instruments.
14.
Office supplies (except paper), inks, etc.
15.
Signs.
This classification excludes the manufacture of explosives, agricultural industries, petroleum refineries, smelting, fertilizer manufacturing, sanitary landfills, waste to energy facilities, solid waste transfer stations, sewage treatment plants, lumber or paper mills, or other manufacturing uses with potentially noxious impacts, as determined by the Business and Development Services Director.
D.
Parcel Delivery Services
An establishment that provides intercity and/or local delivery of parcels. These articles can be described as those that may be handled by one person without using special equipment.
This classification includes activities of the United States Postal Service and its subcontractors in delivering letters and small parcels.
E.
Passenger Transportation Services
An establishment that provides passenger transportation by automobile, bus or van. Taxicab owner/operators, taxicab fleet operators, and taxicab organizations are included. Also included are limousine and luxury sedan passenger services and scenic or sightseeing passenger services.
F.
Self-Store or Mini-Warehouse Facility
An establishment primarily engaged in renting or leasing space for self-storage. These establishments provide secure space (i.e., rooms, compartments, lockers, containers, or outdoor space) where clients can store and retrieve their goods and possessions.
G.
Towing Services
An establishment that tows light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as limited storage and emergency road repair services.
H.
Truck and Freight Transportation Services
An establishment primarily engaged in providing over-the-road transportation of cargo using motor vehicles, such as trucks and tractor trailers. General freight establishments handle a wide variety of commodities, generally palletized, and transported in a container or van trailer. Specialized freight transportation requires specialized equipment due to the size, weight, shape or other inherent characteristics of the cargo.
I.
Warehousing
An establishment primarily engaged in operating warehousing and storage facilities for general merchandise, refrigerated goods, and other warehouse products. These establishments provide facilities to store goods. They may also provide a range of services, often referred to as logistic services, related to the distribution of goods. However, establishments in this classification always provide warehousing or storage services in addition to any logistic services. Furthermore, the warehousing or storage of goods must be more than incidental to the performance of services, such as price marking.
This classification excludes lessors of mini-warehouses and self-storage units.
J.
Wholesaling
An establishment engaged in wholesaling merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. Wholesalers are organized to sell or arrange the purchase or sale of (1) goods for resale (i.e., goods sold to other wholesalers or retailers), (2) capital or durable non-consumer goods, and (3) raw and intermediate materials and supplies used in production.
Wholesalers sell merchandise to other businesses and normally operate from a warehouse or office. These warehouses and offices are characterized by having little or no display of merchandise. In addition, neither the design nor the location of the premises is intended to solicit walk-in traffic. Wholesalers do not normally use advertising directed to the general public. Customers are generally reached initially via telephone, in-person marketing, or by specialized advertising that may include Internet and other electronic means.
7:2.6 Description of Arts, Entertainment, and Recreation Uses.
A.
Amusement or Games Facility
An establishment primarily engaged in games or amusement activities, either indoor or outdoor.
Such establishments include arcades, bowling centers, billiard parlors, go-cart tracks, miniature golf, indoor shooting range, skating rinks, trampoline parks, theme parks, water parks, and family fun centers.
This classification excludes hunting or game preserves, outdoor shooting ranges, campgrounds, and related establishments. This classification also excludes establishments that are engaged in or resemble gambling activities.
B.
Clubhouse or Country Club
A recreational facility consisting of a clubhouse or similar indoor activity area, which is usually restricted to members and their guests, or guests by invitation. This facility is typically used for leisure activities but may also be used for private gatherings.
Club houses and country clubs may also be accompanied by outdoor recreational facilities such as tennis courts, swimming pools, and golf courses.
C.
Event Center or Banquet Hall
A recreational facility consisting of an indoor event space generally available for lease by private parties. This facility is typically used for dining and dancing activities associated with weddings, banquets, parties, and similar activities.
This classification excludes bars, taverns, or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These exclusions are their own separate classification.
D.
Fitness/Sports Club, Studio, or Center
An establishment primarily engaged in operating indoor fitness, instructional, and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, dance, skating, or racquet sports. This classification includes gymnasiums.
E.
Exhibition Facility
An establishment that engages in the preservation and/or exhibition of objects, sites, and natural wonders of historical, cultural, and/or educational value.
Included are public and private museums, exhibitions and art galleries, historical sites, observatories, planetariums, aquariums, botanical gardens or zoological parks, and similar establishments. This classification also includes convention facilities which have both an exhibition hall and a number of meeting rooms.
F.
Private Outdoor Recreation Amenity
An outdoor recreational area for the exclusive use of members and their guests. These facilities may include outdoor amenities such as playgrounds, ball fields, game courts, swimming pools, golf courses, and picnic tables.
This classification excludes hunting or game preserves, outdoor shooting ranges, campgrounds, and related establishments.
G.
Public Park or Recreation Area
An outdoor recreational area commonly open to the public and which may serve a variety of outdoor leisure activities. These facilities may include outdoor amenities such as playgrounds, ball fields, game courts, swimming pools, and picnic tables.
This classification excludes hunting or game preserves, outdoor shooting ranges, campgrounds, and related establishments.
H.
Stadium or Arena
An establishment involving sports teams or clubs or independent athletes participating in live sporting events before a paying audience.
This classification excludes racetracks (e.g., motor vehicles, dog, horse, etc.).
I.
Theater
An establishment that is primarily engaged in showing movies or motion pictures or producing live presentations involving the performances of actors and actresses, singers, dancers, musical groups and artists, comedians, and other performing artists.
Such establishments include performing arts theaters, movie theaters, and cineplexes.
This classification excludes drive-in theaters, nightclubs, erotic dance clubs, adult motion picture theaters, and other sexually-oriented businesses.
7:2.7 Description of Miscellaneous Use Types.
A.
Parking Structure
A structure or portion thereof composed of one or more levels or floors used primarily for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
B.
Sexually Oriented Business
See Chapter 10, Article IV, of the Mauldin Code of Ordinances for a complete description of the classification of these businesses as well as accompanying regulations.
C.
Solid Waste-Related Services
An establishment which provides waste management services such as (1) hauling waste materials locally; (2) operating materials recovery facilities (i.e., sort recyclable materials from trash); or (3) provides remediation services (i.e., the cleanup of contaminated sites).
This classification excludes landfills.
D.
Telecommunication Tower
A structure on which there are electronic facilities for receiving or transmitting communication signals.
This classification excludes consumer satellite dishes and television antennae, amateur radio operators licensed by the Federal Communications Commission, small cell wireless facilities, and telephone/power lines supported by poles.
E.
Utility Building or Facility (Major)
A building or structure used or intended to be used by any utility company, including, but not limited to, any (1) gas treatment plant reservoir, tank, or other storage facility; (2) water treatment plant, well, reservoir, tank, or other storage facility; (3) electric generating plant, distribution, or transmission substation; (4) telephone switching or other communications plant, earth station, or other receiving or transmission facility; (5) any storage yard for public utility equipment or vehicles; or (6) any parking lot for parking vehicles or automobiles to serve a utility company.
7:2.8 Description of Residential Accessory Uses and Structures.
A.
Accessory Dwelling
A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling or other principal use, and that is part of the same structure.
Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.
B.
Equine Stable
An accessory building in which horses or ponies are sheltered.
C.
Fence or Wall
A vertical freestanding structure used to define a boundary or as a means of protection, confinement, or visual obstruction.
D.
Home Occupation
Any activity carried out for gain in a dwelling or an occupational use of a dwelling clearly incidental and secondary to its use for residential purposes and which does not change the character of the building and site.
E.
Outdoor Recreational Structure
An outdoor recreational structure for the exclusive use of residents of the dwelling. Such structures may include playground equipment such as swings and slides, playing surfaces such as basketball courts and tennis courts, or swimming pools or hot tubs.
F.
Residential Storage
A detached structure which is accessory to a dwelling unit and designed for the storage of motor vehicles, boats, lawn and garden equipment, pool care equipment, or similar equipment for residential use.
7:2.9 Description of Nonresidential Accessory Uses and Structures.
A.
Accessory Dwelling
A secondary dwelling unit established in in conjunction with and clearly subordinate to a principal use, and that is part of the same structure.
B.
Outdoor Dining
An area used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals, outside of an enclosed building.
C.
Outdoor Storage
The storage of any material for a period greater than twenty-four (24) hours, including items for sale, lease, processing, and repair not in an enclosed building.
(Ord. No. 970, § 5, 4-19-2021; Ord. No. 986, § 2, 10-18-2021)
7:3.1 Purpose and Intent.
Temporary uses can be beneficial to local economic development and can be popular with the community. At the same time, reasonable regulations and review procedures can be necessary to ensure that temporary uses and structures do not become permanent or jeopardize public health, safety, and welfare. This section allows for the establishment of specific temporary uses of limited duration. The regulations in this section have the following intent:
A.
Reasonably allow land uses on a temporary basis that are not appropriate on a long-term/permanent basis.
B.
Maintain the health, safety, and welfare of the surrounding area and the greater community.
C.
Provide predictable outcomes for applicants and the community.
D.
Promote economic development.
E.
Encourage the use of underused land.
7:3.2 Applicability.
The standards in this section apply to non-permanent uses that take place on a temporary basis whether on the same site or in different locations in the City. The activities listed in this section require the issuance of a permit, except where exempted herein.
7:3.3 Authority.
In approving a temporary use permit, the City Administrator, or his designee, is authorized to impose any of the following requirements, as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed temporary use/structure.
A.
Provision of temporary parking facilities, including vehicular access and egress;
B.
Control of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, odors, gases, and heat;
C.
Prohibition of the storage or use of hazardous materials;
D.
Regulation of placement, height, size, and location of equipment;
E.
Provision of sanitary and medical facilities;
F.
Provision of solid waste collection and disposal;
G.
Provision of security and safety measures;
H.
Use of an alternate location or date;
I.
Modification or elimination of certain proposed activities;
J.
Regulation of operating hours and days, including limitation of the duration to a shorter time period than requested or specified in this section; and
K.
Submission of a performance guarantee to ensure that any temporary use will be removed from the lot or site within a reasonable time and the lot or site will be restored to its former condition.
7:3.4 General Standards for All Temporary Uses and Structures.
Any temporary use or structure shall generally meet the following standards.
A.
Property owner permission. The operator of the temporary use or structure must obtain written permission from the landowner of the property where the temporary use or structure will be located prior to the establishment of the temporary use or structure. The operator must be willing and able to produce such written permission to the appropriate authority upon request.
B.
Permits and licenses. The operator of the temporary use or structure shall obtain the appropriate permits and licenses, including a City of Mauldin business license where applicable pursuant to Chapter 10, Article II of the Mauldin Code of Ordinances, from the City of Mauldin and other applicable agencies prior to the establishment of the temporary use or structure.
C.
Protection of health, safety, and general welfare. The temporary use or structure shall not be detrimental to other property or improvements in the surrounding area or to the public health, safety, or general welfare.
D.
Maintain conditional use standards. Where the property or use of the property is subject to any standards or conditions of approval, those applicable standards and conditions shall be maintained.
E.
Permanent alterations prohibited. Permanent alterations to the site, especially as would contradict the temporary nature of the use or structure, are prohibited.
F.
Temporary signage. Any signage for the temporary use or structure shall comply with the applicable standards and requirements for temporary signage.
G.
Utility connections. Any connections to water, sewer, electrical and other utilities shall meet the appropriate standards and obtain applicable approvals for those connections. Such written approval(s) must be available for inspection by the City upon request.
H.
Parking and accessibility. Adequate parking, including required minimum parking for both the temporary use/structure and existing uses/structures as provided in Section 6:1 of the Mauldin Zoning Ordinance, shall be provided on-site or via written parking agreement(s) with an adjacent property owner(s). Existing fire lanes, ADA accessibility, pedestrian access, and vehicular access shall be maintained at the property where the temporary use or structure will be located.
I.
Buffers and landscaping. Any existing landscaping and buffer areas shall be protected and maintained at the property where the temporary use or structure will be located.
J.
Restroom facilities. Adequate restroom facilities shall be available on-site.
K.
Trash collection and disposal. Adequate trash collection and disposal shall be provided for the temporary use or structure.
L.
Operating hours. Any outdoor activities at a temporary use or structure within five hundred (500) feet of a residential use shall begin no earlier than 7:00 a.m. and cease no later than 10:00 p.m.
7:3.5 Certain Temporary Uses and Structures Exempt from Permit Requirements.
Temporary use permits are not required for the following activities or events (this exemption does not exempt the activity from any other required applicable permits or licenses, such as building permits, business licenses, alcoholic beverage licenses, health department approvals, hospitality taxes, etc.).
A.
Outdoor promotional events with a total anticipated assembly of less than two hundred (200) people. In addition to the general standards provided in subsection 7:3.4, such events shall adhere to the following standards.
1.
Permissible locations. Such events are only allowed at non-residential properties.
2.
Event duration. Such events are allowed for up to two (2) consecutive days.
3.
Number of events. The maximum number of such events allowed at the same property in a calendar year is four (4).
B.
Private events, such as weddings, private parties, funerals, etc., not open to the general public and lasting less than twelve (12) hours.
C.
Events sponsored or hosted by the City of Mauldin. Events hosted by the City of Mauldin are still subject to a separate review and approval process administered by the department that manages the facility where the event will be hosted.
D.
Events at permanent places of worship, sports facilities, schools, auditoriums, or other similar established places of assembly.
E.
Events at common areas in residential neighborhoods organized and managed by the homeowners' association of that neighborhood.
F.
Events at the plaza and activity spaces at BridgeWay Station where such events operate with the permission of the management company for BridgeWay Station.
G.
Mobile food sales at construction sites or places of employment with one hundred (100) or more employees with the intent of solely serving food to the employees working at the construction site or place of employment. In addition to the general standards provided in subsection 7:3.4, such sales shall adhere to the following standards.
1.
Number of mobile food sales vendors. The maximum number of mobile food sales vendors allowed at a site at one (1) time is one (1).
2.
Sales duration. Such food sales are allowed for up to two (2) hours on any given day.
H.
Construction-related structures or containers at a construction site with an active construction permit. Such structures or containers must be removed within thirty (30) days following the issuance of the certificate of occupancy or certificate of completion for the construction project.
I.
Real estate sales/leasing office at a residential development project under active construction. In addition to the general standards provided in subsection 7:3.4, such offices shall adhere to the following standards.
1.
Permissible locations. Such offices are only allowed at residential development projects under active construction.
2.
Permissible operations. The use of the office must only be for the initial sale or lease of properties within the residential development at which the office is located.
3.
Duration. Such offices are allowed only for the period during which the development project is under active construction.
4.
Minimum setbacks. The structure shall meet the required setbacks for the underlying zoning district to the extent practicable. The Business and Development Services Director may grant alternative setback requirements when he determines that such alternative setback requirements are necessary to accommodate any existing structures or proposed improvements on the site.
5.
Mobile structure requirements. Underpinning, skirting, or other curtain wall materials must be installed around the entire perimeter of any mobile structure.
J.
Construction office at an active construction project. In addition to the general standards provided in subsection 7:3.4, such offices shall adhere to the following standards.
1.
Permissible locations. Such offices are only allowed at development projects under active construction.
2.
Permissible operations. The use of the office must only be as an office for those contractors and construction personnel working at the development site where the office is located.
3.
Duration. Such offices are allowed only for the period during which the development project is under active construction.
4.
Minimum setbacks. The structure shall meet the required setbacks for the underlying zoning district to the extent practicable. The Business and Development Services Director may grant alternative setback requirements when he determines that such alternative setback requirements are necessary to accommodate any existing structures or proposed improvements on the site.
5.
Mobile structure requirements. Underpinning, skirting, or other curtain wall materials shall be installed around the entire perimeter of any mobile structure.
K.
Garage sales or yard sales. In addition to the general standards provided in subsection 7:3.4, such sales shall adhere to the following standards.
1.
Permissible locations. Such sales are only allowed at a residential dwelling or in the common area of a residential neighborhood with the permission of the homeowners' association.
2.
Number of days. Such sales are allowed for up to a maximum of thirty (30) days in a calendar year. The aggregate number of days a sale is conducted at the same property is subject to this maximum number of days.
3.
Merchandise for sale. Only general household goods may be sold at such sales.
L.
Intermittent food sales by an ice cream truck that does not park or sit idle for more than fifteen (15) minutes at any one (1) location.
M.
Portable storage containers. In addition to the general standards provided in subsection 7:3.4, such containers shall adhere to the following standards.
1.
Permissible locations. Such containers are only allowed at residential properties.
2.
Duration. Such containers are only allowed for up to thirty (30) consecutive days.
3.
Number of occurrences. Containers cannot be placed at the same property more than two (2) separate occurrences in a calendar year.
4.
Placement. Containers must be placed on the driveway or behind the dwelling. Exception: A container may be placed in the front yard or side yard for a maximum of forty-eight (48) hours provided the container does not impair the visibility of any motorist, cyclist, or pedestrian at any street or driveway intersection.
5.
Number of containers. No more than two (2) containers may be placed on a single lot at one (1) time.
6.
Prohibited materials. Non-residential materials and substances, including but not limited to hazardous materials, explosives, and/or unlawful substances and materials, shall not be stored or transported in such containers.
7:3.6 Temporary Uses and Structures Allowed by Permit.
Each of the temporary uses and/or structure provided in this section requires a temporary use permit and are subject to the standards provided herein.
A.
Seasonal outdoor sales for the sale of Christmas trees, pumpkins, or similar agricultural products. In addition to the general standards provided in subsection 7:3.4, such sales shall adhere to the following standards.
1.
Permissible locations. Such sales are only allowed at non-residential properties.
2.
Hours of operation. The hours of operation for such sales shall be limited to 7:00 a.m. until 10:00 p.m.
3.
Duration. Such sales are only allowed for up to sixty (60) consecutive days.
4.
Number of occurrences. No more than two (2) such sales events may be permitted at the same location in a calendar year.
B.
Large events with an anticipated assembly of two hundred (200) people or more or a duration of more than two (2) consecutive days on an individual parcel or site. In addition to the general standards provided in subsection 7:3.4, such events shall adhere to the following standards.
1.
Permissible locations. Such events are only allowed at non-residential properties.
2.
Duration. Such events are only allowed for up to fourteen (14) consecutive days.
3.
Number of occurrences. No more than four (4) such events may be permitted at the same location in a calendar year.
4.
Liability insurance. The applicant must provide proof of liability insurance in an amount equal to the city's liability under the Government Tort Claims Act (S.C. Code 1976, § 15-78-10 et seq.) and require the execution of a hold harmless agreement to indemnify the city in the event it is held liable for any injuries or damage because of the event.
7:3.7 Mobile Food Sales.
Mobile food sales, including any vehicle, truck, trailer, cart, or other movable structure or device used for the sale of food and beverages, are only allowed to set up and operate at the following temporary use activities provided in subsection 7:3.5 and subsection 7:3.6:
a.
Outdoor promotional events in accordance with subsection 7:3.5(A);
b.
Private events in accordance with subsection 7:3.5(B);
c.
Events sponsored or hosted by the City of Mauldin in accordance with subsection 7:3.5(C);
d.
Events at permanent places of worship, sports facilities, school, auditoriums, or similar established places of assembly in accordance with subsection 7:3.5(D);
e.
Events at common areas in residential neighborhoods in accordance with subsection 7:3.5(E);
f.
Events at the plaza and activity spaces at BridgeWay Station in accordance with subsection 7:3.5(F);
g.
Mobile food sales at construction sites in accordance with subsection 7:3.5(G);
h.
Mobile food sales at places of employment with one hundred (100) or more employees in accordance with subsection 7:3.5(G); and
i.
Intermittent food sales by an ice cream truck in accordance with subsection 7:3.5(L).
In addition to the general standards provided in subsection 7:3.4, mobile food sales shall adhere to the following standards.
1.
Placement. Mobile food sales must be set back at least fifteen (15) feet from any fire hydrant, utility box or vault, handicap accessible ramp or aisle, and building entrance or exit. Additionally, mobile food sales shall be placed such that they do not impair the visibility of any motorist, cyclist, or pedestrian.
2.
Mauldin business license. A valid annual City of Mauldin business license is required prior to setting up or operating a mobile food unit within the city limits of Mauldin. Valid licenses shall be displayed in a visible location at the mobile food unit. At the time of application for a business license for a mobile food vehicle, the applicant shall provide a copy of a valid driver's license, vehicle registration, and proof of general liability insurance for operation of the vehicle as a motor vehicle.
3.
Inspection. Prior to the issuance of a City of Mauldin business license, any vehicle, truck, trailer, cart, or other movable structure or device used in the sale of food and beverages must be inspected by the Mauldin Fire Department, or by an acceptable agency approved by the Mauldin Fire Department, for compliance with the City's Fire Code.
4.
DHEC compliance. Mobile food sales vendors shall meet all applicable DHEC regulations for mobile food units and possess a valid DHEC permit where applicable. Any mobile food vendor or vending unit that has been issued a notice of health violation by any department of the State of South Carolina, which remains uncorrected upon a subsequent inspection, shall not be allowed to operate within the city limits of Mauldin.
5.
Discharge of substances. Fat, oil, grease, or wastewater is not allowed to be discharged into the sanitary sewer system or stormwater collection system. All waste shall be properly stored and disposed of at a properly designated and authorized disposal location.
6.
Sale of alcoholic beverages. The sale of alcohol beverages is prohibited unless the proposed location of the sale of alcoholic beverages has been approved by the South Carolina Department of Revenue Alcohol Beverage Licensing and the sale of alcoholic beverages complies with the conditions of such approval. The issuance of a license by the South Carolina Department of Revenue is subject to a review by the Mauldin Police Chief who will review the location, set-up, and operations of the proposed sale of alcoholic beverages. If the Police Chief determines that the proposed activity does not protect the health, safety, or general welfare of the community, the Police Chief may deny the sale of alcoholic beverages.
(Ord. No. 1026, § 2, 3-18-2024)