Newberry County Unincorporated
City Zoning Code
City Zoning Code
AUTHORITY AND
PURPOSE
§ 153.001 ZONING ORDINANCE PUBLISHED SEPARATELY.
The zoning ordinance shall be published in a separate volume, a copy of which shall be filed with the County Clerk to Council.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.002 AUTHORITY.
This chapter is adopted pursuant to authority granted in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code §§ 6-29-310 et seq.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.003 TITLE.
This chapter may be cited as Newberry County zoning ordinance, or zoning ordinance.
(Ord. 06-11-16, passed 9-21-2016)
The following provisions shall apply to all signs as noted.
(A) Materials. Signs must be constructed of durable materials approved by the Zoning Administrator, and maintained in good condition. All signs, except for banners, flags, temporary signs, and window signs conforming in all respects to the requirements of this chapter shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. Deficiencies such as chipped paint, broken plastic, missing letters and exposed light bulbs shall be evidence of a lack of maintenance. All temporary signs shall be constructed of materials and printed on by inks capable of withstanding normal weather conditions.
(B) Code compliance required. All signs shall be constructed and installed in accordance with the applicable provisions of the International Building Code.
(C) Sign illumination. Devices illuminating signs shall be placed and shielded in a manner such that the illuminating rays or reflections shall not be directed into any residence, residential district, sleeping room in any district, or public right-of-way. Light produced by a changeable copy billboard (otherwise known as electronic billboards) should not exceed 0.3 Foot-candles over ambient light levels. Furthermore, such billboard must be able to automatically adjust as ambient light levels change. An automatic light-sensing device (such as photocell or similar technology) should be utilized for adjusting the electronic billboard's brightness. Sunset-sunrise tables and manual methods of controlling brightness are not acceptable as a primary means of controlling brightness. If light levels are suspected to exceed required light levels by the Zoning Administrator through observation, the property owner will be required to conduct and document light level tests as needed to demonstrate that the light generated does not exceed the values established. Such tests must be conducted by a qualified professional with proven expertise in the area of light level measurement and testing.
(D) Sign height. Unless otherwise regulated herein, no freestanding sign shall extend more than 40 feet above the surrounding grade.
(E) Sign placement. All signs shall be placed at least 10 feet from any street right-of-way as measured from the closest part of the sign, unless otherwise noted in this section.
(F) Measuring setbacks and distances. All measurements for setbacks and location as stated in this subchapter shall be taken from the outermost portion of a sign to the nearest portion of the feature from which the setback or distance is to be measured, such as property lines, rights-of-way and other signs.
(G) Computation of sign dimensions.
(1) Computation of sign height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:
(a) Existing grade prior to construction; or
(b) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
(2) Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only 1 face) shall be computed by means of the smallest square, circle, rectangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets these zoning regulations and is clearly incidental to the display itself.
(3) Computation of area of multi-faced signs. The sign area for a sign with more than 1 face shall be computed by adding together the area of all sign faces visible from any 1 point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.
(H) Obstructions prohibited. No sign shall be placed so as to obstruct the clear sight triangle at a street intersection nor shall any sign obstruct the view of motorists entering or leaving an off-street parking area.
(I) Forfeiture of illegal signs placed on or over public property. Any sign installed or placed on or over public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and be subject to confiscation and disposal. In addition to other remedies provided by this chapter, the county shall have the right to recover from the sign owner and/or installer the full costs of removal and disposal of such sign.
(J) Placement on trees, utility poles, towers, natural features, and the like prohibited. No sign shall be painted or attached to a tree, fence, utility pole, tower, tank, roof, rock, bridge, street sign or other similar natural or manmade feature. This prohibition shall not apply to "no trespassing" or boundary marker signs posted on trees on private property or utility and official community identification signs posted on water towers.
(Ord. 06-11-16, passed 9-21-2016; Am. Ord. 12-23-18, passed 2-6-2019)
§ 153.004 PURPOSE.
The purpose of this chapter is to implement the land use element of the comprehensive plan and to promote the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of Newberry County.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.005 OFFICIAL ZONING MAP.
The official zoning map shall be maintained in the Office of the Zoning Administrator. All zoning district boundaries shall be clearly shown on the zoning map, and amendments shall be recorded immediately after adoption. Official copies of the zoning map shall be dated and attested by the County Clerk to Council, and shall be available for public inspection. The official zoning map and any amendments adopted by County Council shall constitute the final authority for determination of zoning district boundaries. It shall be unlawful for any person to make unauthorized changes to the zoning map.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.006 AMENDMENTS TO THE OFFICIAL ZONING MAP.
Amendments to the official zoning map shall be adopted as provided for by § 153.054 Amendments. Promptly after the adoption of an amendment the Zoning Administrator or his designee shall alter or cause to be altered the official zoning map to indicate the amendment and the effective date of the map amendment.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.007 SEVERABILITY.
Should any specific section, standard or provision of this chapter, including any zoning district boundary that now exists or may exist in the future, be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the chapter as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.008 RELATION TO OTHER ORDINANCES.
If the provisions of this chapter conflict with the provisions of any other validly enforceable ordinance(s), the most stringent provisions shall control.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.009 REPEAL OF CONFLICTING ORDINANCES.
All ordinances and parts of ordinances in conflict herewith are repealed to the extent necessary to give this chapter full force and effect.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.010 EFFECTIVE DATE.
These regulations shall become effective upon the date of their adoption by the County Council of Newberry County.
(Ord. 06-11-16, passed 9-21-2016)