Newberry County Unincorporated
City Zoning Code
City Zoning Code
SPECIAL EXCEPTION
REGULATIONS
§ 153.136 APPLICATION OF SPECIAL EXCEPTIONS.
The requirements of this subchapter shall apply to all special exceptions listed in § 153.073(D) - Zoning District Table of Permitted Uses, as applicable. Requests for a special exceptions shall be submitted to the Zoning Administrator and reviewed by the Board of Zoning Appeals, per the requirements of § 153.053 - Special Exceptions. Conditions imposed on conditional uses shall also be imposed on special exceptions, where applicable, for the same use and in the same manner.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.137 R2 RURAL DISTRICT SPECIAL EXCEPTIONS.
In addition to single-family residential and agricultural uses, certain light commercial and industrial and substantially similar uses including uses in the healthcare, government, information, professional/office, transportation, and utilities use categories are considered to be appropriate for a rural area and as such may be allowed in the R2 district as listed in § 153.073(D) - Zoning District Table of Permitted Uses, provided the conditions as listed in § 153.089 - R2 Rural Conditional Uses are met. If the single structure or combination of structures to be included in the proposed non-residential use exceeds 3,000 square feet in gross floor area, it must be permitted by special exception, provided the Board of Zoning Appeals finds that the conditions provided in § 153.089 - R2 Rural District Conditional Uses are met, in addition to applicable considerations as provided in division (A).
(A) Additional considerations for approval by special exception shall include, but are not limited to:
(1) Proposed size of the structure;
(2) Proposed location of the structure;
(3) Type of and classification of use proposed;
(4) Distance to existing residences or residentially zoned properties;
(5) Hours of operation, to include deliveries and shipping;
(6) Projected number of employees for largest shift.
(7) Probable sensory impacts to neighboring properties including, but not limited to: noise, odor, vibration, light and glare;
(8) Primary vehicular access on a paved arterial or collector road; and
(9) Traffic impacts including, but not limited to: deliveries, shipping, customers, and workers.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.138 DWELLING, MULTI-FAMILY.
Multi-family buildings and developments shall meet the following requirements where permitted by special exception.
(A) A minimum setback of 100 feet is required from all property lines and the road right-of-way.
(B) A buffer of at least 50 feet in width is required along the side and rear property lines.
(C) Primary vehicular access to the multi-family building/development must be from a paved arterial or collector road.
(D) Maneuvering of associated vehicles of any size must be accommodated by and occur on the associated property.
(E) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site. Access drives to all dwellings shall be of sufficient width to allow access by emergency vehicles.
(F) All off-street parking areas and driveways must be paved with asphalt, concrete, brick pavers, or permeable pavements including interlocking paving systems and porous pavement as approved by the Zoning Administrator.
(G) A minimum of 20% of the development site area shall be designated as open space and shall meet the requirements of § 153.185 - Open Space.
(H) The use will not substantially injure the value of adjoining properties.
(I) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(J) Additional conditions may be imposed to ensure that the use will not create a safety, health or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.139 MANUFACTURED HOME PARKS.
Manufactured home parks may be permitted by special exception in the RG zoning district, provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Manufactured home parks shall meet the requirements specified in the Chapter 154 -Subdivision Regulations of the Newberry County Code of Ordinances.
(B) Area. A manufactured home park shall contain a minimum of 8 acres.
(C) Density. Maximum density for a manufactured home park is 5 units per acre.
(D) Unit space. A minimum of 7,500 square feet is required per each manufactured home space.
(E) Space size. Each manufactured home space shall be a minimum of 50 feet in width and 150 feet in length, indicated by permanent flush markers at each corner.
(F) Open space. There shall be at least 2,500 feet of common open space for each acre or major fraction of an acre in the park, as provided in § 153.185 - Open Space.
(G) Access road. All home spaces shall be accessible by an interior roadway at least 66 feet wide, with unobstructed access to a public road. Roads shall comply with Chapter 154 - Subdivision Regulations of the Newberry County Code of Ordinances and with the Newberry County road acceptance ordinance.
(H) Parking. Two parking spaces per unit shall be provided on or adjacent to each manufactured home space, with car stops for head-in parking, in addition to adequate turn-around space. Parking space may be provided on 1 side of a private driveway at least 34 feet in width, and on both sides of a private driveway at least 43 feet in width.
(I) Site design. Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(J) Setback for manufactured home parks. All manufactured home sites and other facilities associated with the manufactured home site shall be setback a minimum of 100 feet from all property lines and the road right-of-way.
(K) Unit setbacks and clearances. Each manufactured housing unit shall have the following setbacks:
(1) Front yard: 25 feet.
(2) From abutting driveway: 15 feet.
(3) From adjacent units: 20 feet on the side and rear.
(4) Accessory structures shall be at least 4 feet from the unit space line and 20 feet from common buildings such as offices or laundry facilities.
(L) Buffers. A buffer of at least 50 feet in width is required along the rear and side property lines of all manufactured home parks.
(M) Screening. Manufactured home parks shall be screened along the side and rear park property lines by an opaque wall or fence of commercial grade at least 5 feet high per the requirements of § 153.183 - Screening. The screen shall be installed within the required buffers along the side and rear park property lines.
(N) Park occupancy. Construction of required driveways, utilities, unit spaces and other improvements shall be completed for at least 25 percent of the manufactured home spaces shown on the site plan before any part of the park is occupied.
(O) Site plan required.
(1) A site plan drawn to scale of 1 inch to 40 feet or larger, showing the details of development, shall be submitted with an application for a manufactured home park showing compliance with all conditions imposed by this chapter. The site plan shall include the following information:
(a) Total park area, including shape and dimensions of the site and a north arrow;
(b) Location and dimensions of access roads, proposed driveways, entrances, exits, walkways, unit spaces, stands, parking areas, refuse receptacles, recreation areas, open space, screening and landscaping;
(c) The plan for sewage disposal and water, gas, and electrical supply;
(d) Tax map number and zoning district; and
(e) Owners and zoning districts of adjoining properties.
(2) The site plan must comply with all applicable regulations before a permit can be issued.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.140 CORRECTIONAL INSTITUTIONS.
Correction institutions, not including county or municipal facilities, may be permitted by special exception in the R2 and GC zoning districts provided the Board of Zoning Appeals finds that the following conditions are met.
(A) All structures, outdoor exercise areas, or any other facilities associated with the use shall be setback a minimum of 500 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.
(B) Primary vehicular access to such use must be from a paved arterial or collector road.
(C) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(D) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use in the R2 zoning district.
(E) The use will not substantially injure the value of adjoining properties.
(F) Additional conditions may be imposed to ensure that the use will not create a safety, health or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.141 CAMPGROUNDS AND RECREATIONAL VEHICLE (RV) PARKS, COMMERCIAL.
Commercial campgrounds and recreational vehicle (RV) parks may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Commercial Campground and RV Park facilities may include a residence for the owner/manager of the premises; utility hook-ups; accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities; and recreational vehicles (including travel trailers) in designated spaces.
(B) All campground and RV park facilities, including structures, camping sites, RV camp/parking sites, and other facilities associated with the use shall be setback a minimum of 100 feet from all adjacent property lines, except where contiguous properties are zoned for commercial (LC or GC) and/or industrial (IND) uses.
(C) All campground and RV park facilities, including structures, camping sites, RV camp/parking sites, man-made uses, and other facilities associated with the use shall be surrounded by a minimum 50 foot wide buffer, which meets the applicable requirements of § 153.182 - Buffers. Such facilities shall be surrounded by an opaque screen which meets the requirements of § 153.183 - Screening.
(D) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use.
(E) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(F) The use will not substantially injure the value of adjoining properties.
(G) Additional conditions may be imposed to ensure that the use will not create a safety, health or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.142 RACETRACKS, STADIUMS, SPECTATOR SPORTS COMPLEXES, PERFORMING ARTS FACILITIES.
Racetracks, spectator sports complexes, stadiums and performing arts facilities may be permitted by special exception as provided in § 153.073(D) - Zoning District Table of Permitted Uses, provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Minimum size of the property is 1 acre.
(B) All structures, fields of play, racetracks, and performance or exhibit areas shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.
(C) Primary vehicular access to such uses must be from a paved arterial or collector road.
(D) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(E) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use in the R2 zoning district.
(F) The use will not substantially injure the value of adjoining properties.
(G) Additional conditions may be imposed to ensure that the use will not create a safety, health or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.143 ZOOS.
Zoos may be permitted by special exception as provided in § 153.073(D) - Zoning District Table of Permitted Uses, provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Minimum size of the property is 5 acres.
(B) All structures, pens, enclosures, and any other area of primary activity associated with the use shall be setback a minimum of 200 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.
(C) Additional conditions may be imposed to ensure that the use will not create a safety, health or traffic hazard.
(D) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(E) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use in the R2 zoning district.
(F) The use will not substantially injure the value of adjoining properties.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.144 SEXUALLY-ORIENTED BUSINESSES.
Sexually oriented businesses may be permitted by special exception in the GC zoning district, provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Purpose. It is the purpose of this section to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Newberry County, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually-oriented businesses within the county. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually-oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
(B) Description and Additional Regulation. For the purposes of defining and describing the types of establishments and activities regulated by this section, the description and definitions found in Chapter 111 of the Newberry County Code of Ordinances § 111.01 shall apply. All sexually-oriented businesses shall be subject to all requirements as set out in Chapter 111 in addition to regulations stipulated in this chapter.
(C) Applicability. Sexually-oriented businesses include, but are not limited to those listed in Chapter 111 and any other establishment which contains activities characterized by the performance, depiction, or description of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas. Each sexually-oriented business is considered a separate business regardless of ownership and must meet all zoning requirements including location.
(D) Qualification and Inspections Required. Prior to the issuance of a certificate of zoning compliance required for a certificate of occupancy, the applicant must be qualified by the Sheriff's Department and pass all inspections as set forth in Chapter 111. In addition, the applicant shall submit evidence that the premises have been found to be in compliance with applicable laws administered by the Health Department, Fire Department, and Building Official.
(E) Location. Sexually-oriented businesses shall be located only in accordance with the following standards:
(1) At least 1,000 feet from any residential use, church, day-care center, retirement center, nursing care facility, hospital, public or private elementary or secondary education school, public park, public library, cemetery, or family-oriented recreation facility, including, but not limited to, a public swimming pool, a roller skating rink, or a motion picture establishment which shows G-rated or PG-rated movies to the general public on a regular basis, regardless of jurisdiction.
(2) At least 1,000 feet from any other sexually-oriented business, regardless of jurisdiction. Only 1 sexually-oriented business is permitted per structure. Each sexually-oriented business is considered a separate business regardless of ownership.
(F) Measurements of distance. Separation shall be in a straight line from the closest points of the buildings or outdoor areas in which the sexually-oriented business activity takes place to either:
(1) The closest point of the building in which the residential use, public library, motion picture establishment, or other sexually-oriented business is located; or
(2) The closest point of the property line of a church, day-care center, public or private elementary or secondary education school, public park, or cemetery.
(G) Signage and exterior decoration/design.
(1) It shall be unlawful for the owner or operator of any sexually-oriented business or any other person to erect, construct, or maintain any sign other than as provided herein.
(2) Signs and exterior decoration/design shall contain no photographs, silhouettes, drawings, titles, graphic or pictorial representations in any manner of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.
(3) Each sexually-oriented business must display at least 1 sign, easily discernible prior to entering the establishment, which identifies it as such by using the word adult (for example, adult bookstore, adult cabaret, adult entertainment, and the like).
(Ord. 06-11-16, passed 9-21-2016)
§ 153.145 CHEMICAL AND ALLIED PRODUCTS WHOLESALERS, PETROLEUM BULK STATIONS AND TERMINALS, WHOLESALE.
Chemical and allied products wholesalers (NAICS 424690) and petroleum bulk stations and terminals (NAICS 424710) may be permitted by special exception in the Industrial (IND) zoning district provided the Board of Zoning Appeals finds that the following conditions are met.
(A) The property on which the use will be located must be at least 1 acre in size.
(B) All chemical and allied products facilities and petroleum bulk stations and terminals facilities used in the storage, sale, transfer, production of or in any other way associated with these products must be setback at least 500 feet from any existing residential uses or residentially zoned properties and 100 feet from all other adjacent properties and any road right-of-way and a 50 foot buffer shall be provided around the perimeter of the site.
(C) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(D) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.
(E) The use will not substantially injure the value of adjoining properties.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.146 SALVAGE, SCRAP AND RECYCLING OPERATIONS.
Salvage and scrap operations, recyclable materials wholesalers, junkyards, and similar used motor vehicle parts wholesalers may be permitted by special exception as provided in § 153.073(D) - Zoning District Table of Permitted Uses, provided the Board of Zoning Appeals finds that the following conditions are met.
(A) The use shall be setback at least 100 feet from any adjoining property line and the public right-of-way and a 50 foot buffer shall be provided around the perimeter of the site.
(B) Primary vehicular access to the use is from a paved arterial or collector road.
(C) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(D) No material shall be placed in open storage in such a manner that it is capable of being transferred out by wind, water, or other causes.
(E) All paper, rags, cloth and other fibers, and activities involving the same other than loading and unloading shall be within fully enclosed buildings.
(F) All materials and activities not within fully enclosed buildings shall be enclosed by an opaque screen at least 8 feet in height, excluding points of ingress or egress. Such screening shall adhere to the requirements of § 153.183 - Screening.
(G) Open dumping of garbage shall be prohibited.
(H) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use in the R2 district.
(I) Additional conditions may be imposed to ensure that the use will not create a safety, health, or traffic hazard.
(J) The use will not substantially injure the value of adjoining properties.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.147 MOVIE THEATERS, DRIVE-IN.
Drive-in movie theaters may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals find that the following conditions are met.
(A) All structures, the projection screen, parking for viewing, and any other area of primary activity associated with the use shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.
(B) Primary access, including all public access, to this use shall be from paved arterial or collector roads.
(C) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(D) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use.
(E) The use will not substantially injure the value of adjoining properties.
(F) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.148 COMMUNICATIONS TOWERS AND ANTENNAS.
(A) Purpose. Approval for new towers, poles, and antennas in the RS, RSV, RSM and RG districts as well as exceptions to height in other districts and waivers to fencing and landscaping requirements may be permitted by special exception granted by the Board of Zoning Appeals after public hearing and findings of fact required.
(B) Consultation. Prior to approving a permit by special exception, the Board of Zoning Appeals may consult with a communication expert for technical review to determine that the standards herein are met.
(C) Conditions. All towers, poles and antennas permitted by special exception shall, in addition to any other reasonable conditions placed upon the permit by the Board of Zoning Appeals, meet all conditions required in § 153.108(C) except that height, fencing and landscaping may be established on a case-by-case basis through the issuance of the special exception permit.
(D) Limitations on special exception permits.
(1) If additional tower height is required, total tower height will not exceed 150% of the maximum height permitted in the district as a conditional use.
(2) The Telecommunications Act of 1996 requires that a denial of permit be supported by substantial evidence; therefore, the Board shall make appropriate findings based upon the evidence submitted outlining the reason for denial.
(3) The Board of Zoning Appeals may only waive fencing requirements if it determines that the fencing serves no useful purpose.
(4) The Board of Zoning Appeals may waive any or all of the screening requirements only upon determining that the existing topography or existing natural materials on site will screen the property as effectively as the required screening, provided that the spirit and intent of this subsection are met. The Board may also waive screening on those sides of the proposed tower that are located adjacent to undevelopable property. Such a waiver may not be sought to relieve the screening requirement for towers to be located adjacent to vacant properties or along any public right-of-way. Undevelopable property shall constitute any such property or land that is unable to be used as a building site (e.g., a floodplain, etc.) or public access.
(5) The Board may not grant a variance or waiver from the standards imposed for a communication tower or antenna in connection with granting a special exception, except as permitted expressly in § 153.148(A) above.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.149 MANUFACTURING, PETROLEUM AND COAL PRODUCTS AND EXPLOSIVES.
The manufacturing of petroleum and coal products (NAICS 324) and explosives (NAICS 32592) may be permitted by special exception in the Industrial (IND) zoning district provided the Board of Zoning Appeals finds that the following conditions are met.
(A) The property on which the use will be located must be at least 1 acre in size.
(B) Any petroleum or coal production facilities or facilities used in the production of explosives must be setback at least 500 feet from any existing residential uses or residentially zoned properties and 100 feet from all other adjacent properties and any road right-of-way and a 50 foot buffer shall be provided around the perimeter of the site.
(C) All materials and activities not within fully enclosed buildings shall be enclosed by an opaque screen at least 8 feet in height, excluding points of ingress or egress. Such screening shall adhere to the requirements of § 153.183 - Screening.
(D) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.150 LANDFILL, CLASS ONE AND TWO.
Class One and Two landfills as defined by SC DHEC may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.
(A) All applicable state and federal regulations are met and required approvals and permits have been obtained.
(B) Any Class One or Two landfill structures or facilities associated with such use must be setback a minimum of 500 feet from any adjacent property lines and a 100-foot buffer shall be provided around the perimeter of the site.
(C) The landfill site, including all materials and activities not within fully enclosed buildings, shall be enclosed by an opaque screen at least 8 feet in height, excluding points of ingress or egress. Such screening shall adhere to the requirements of § 153.183 - Screening.
(D) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(E) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.
(F) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.151 WASTE MANAGEMENT AND REMEDIATION SERVICES.
Waste management and remediation services (NAICS 562) may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Containers and other structures or facilities associated with the use shall be setback a minimum of 300 feet from any adjacent property lines and a 100-foot buffer shall be provided around the perimeter of the site.
(B) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use.
(C) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(D) All materials and activities not within fully enclosed buildings shall be enclosed by an opaque screen at least 8 feet in height, excluding points of ingress or egress. Such screening shall adhere to the requirements of § 153.183 - Screening.
(E) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.152 CONCENTRATED ANIMAL FEEDING OPERATIONS FOR SWINE, SLAUGHTERHOUSE OPERATIONS.
Concentrated animal feeding operations (CAFO) for swine and slaughterhouse operations as defined by this zoning ordinance may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.
(A) All applicable state and federal regulations are met and required approvals and permits have been obtained. Requirements for CAFOs shall be as required by SC DHEC, per the S.C. Code §§ 46-45-10 through 46-45-80, as amended, unless otherwise provided in this section.
(B) Site design shall ensure safe, predictable vehicular parking, access and movement onto and off of the site.
(C) New CAFOs for swine and new slaughterhouse operations as defined by this zoning ordinance must meet the following requirements, when not superseded by more stringent DHEC requirements.
(1) New CAFOs for swine shall be separated from another swine CAFO by a distance of no less than 5 miles.
(2) The use shall not be injurious to the use or enjoyment for permitted uses of adjacent property.
(3) The use will not discourage or negate the use of surrounding property for permitted uses.
(4) The use will not substantially injure the value of adjoining properties.
(5) Additional conditions may be imposed to ensure that the use will not constitute a nuisance or a safety, health, or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.153 AUCTIONS, LIVESTOCK WHOLESALE.
Wholesale auctions of livestock (NAICS 424520 and 424590) may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Structures and animal enclosures shall be setback a minimum of 500 feet from any adjacent property line and a 100-foot buffer shall be provided around the perimeter of the site.
(B) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(C) The use will not substantially injure the value of adjoining properties.
(D) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.154 MINING AND MINING SUPPORT ACTIVITIES.
(A) All applicable state and federal regulations are met and required approvals and permits have been obtained.
(B) Any mining facilities or facilities used for mining support activities must be setback a minimum of 500 feet from any existing residential uses or residentially zoned properties and a 100-foot buffer shall be provided around the perimeter of the site.
(C) The use will not substantially injure the value of adjoining properties.
(D) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.155 MANUFACTURED HOME, TEMPORARY ASSISTANCE.
The temporary use of a manufactured home as housing for a family member who is elderly, infirm, otherwise in need of assistance, or is to be the caregiver for a family member in need of such assistance may be permitted by special exception provided the Board of Zoning Appeals finds that the following conditions are met.
(A) The manufactured home meets the requirements of §§ 150.25 through 150.99 of the Code of Laws of Newberry County.
(B) Such temporary residence shall be either on the same lot of record or on an adjacent lot of record as the permanent residence in which either the caregiver or infirm relative lives.
(C) If such temporary residence is to be located on the same lot of record, the building lot shall be of sufficient size to permit the location of the manufactured home so that all minimum setback requirements are met without encroaching on the setback requirements of the permanent residence.
(D) The manufactured home shall be occupied by a family member who is infirm, elderly, otherwise in need of assistance, or is to be the caregiver for such family member in need of assistance.
(E) The Board of Zoning Appeals may grant conditional renewal of the permit for the manufactured home every 2 years if the applicant provides proof of hardship to the permitted occupant of the manufactured home or the individual being cared for, based on medical conditions that are supported by a signed physician's statement, setting forth the physician's opinion of the medical necessity for the issuance of the permit.
(F) The temporary permit is issued for the use of the manufactured home by a particular individual and is not transferable. If continued use of the manufactured home for or by another family member or caregiver is requested, a new application must be filed in a timely manner and a new permit granted.
(G) The applicant shall remove the manufactured home from the property or shall undertake appropriate measures to make the manufactured home an allowed use through subdivision or other means provided by county and state regulations:
(1) Within 30 days after the manufactured home is vacated by the individual in need of assistance or the caregiver of such person;
(2) Within 30 days of the expiration of the temporary permit or any extension thereof granted per the requirements of division (E); or
(3) Within 30 days of the expiration of a new permit issued for the manufactured home for another family member or caregiver per the requirements of division (F).
(H) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.
(Ord. 06-11-16, passed 9-21-2016)
§ 153.156 SOLAR FARMS.
New solar farms or solar farms proposed to be expanded by more than 10% of original footprint shall meet the following requirements where conditionally permitted.
(A) Site plan required. A site plan, drawn to scale, shall be submitted to the Zoning Administrator by the applicant, demonstrating compliance with this section and all other applicable sections of this zoning ordinance. At a minimum, the plan must include:
(1) The name of the project, the names and addresses of the owner(s), engineers, and surveyors;
(2) The date, scale, and an accurate north arrow;
(3) The property boundaries, including dimensions and size;
(4) Required setbacks and buffers;
(5) The location of all proposed facilities, including solar collectors and proposed structures;
(6) The horizontal and vertical (elevation) to-scale drawings, with dimensions that show the location of the solar collectors and system.
(7) Any existing or proposed signs, fencing, lighting, parking areas, driveways, easements, fencing, gates, vegetative screening, and applicable landscaping.
(8) Adjacent property lines, noting properties that include existing residential uses or residentially zoned properties and other adjacent land uses;
(9) Adjacent roads and road rights-of-way;
(10) The planting plan shall demonstrate that sufficient plantings will be installed so as to screen the solar panels from view from any adjacent right-of-way.
(B) Setback. A minimum setback of 125 feet is required from all road rights-of-way and all adjacent property lines.
(C) Buffer. A buffer of at least 100 feet shall be required from all road rights-of-way and all adjacent property lines, per the requirements of § 153.182 - Buffers.
(D) Screening. Screening, per the requirements of § 153.183 - Screening, shall be provided for any adjacent property with an existing residential use or adjacent residentially zoned property line.
(E) Height. Systems, equipment, and structures shall not exceed 20 feet in height, with the exclusion of associated electric transmission lines and utility poles.
(F) Fencing. A security fence at least 6 feet in height shall be provided around the perimeter of the solar farm facility and shall meet the requirements of § 153.033 - Fences and Walls. However, the security fence may be chain link for this use.
(G) Preservation of existing vegetation. Where possible, existing vegetation shall be protected and preserved in the required buffer and setback areas to provide natural screening for the use. If screening is required, existing vegetation may be used to meet screening requirements as provided in § 153.183(C)(2) - Natural Areas. Such preservation does not include areas designated for roads, driveways, or required parking areas.
(H) Glare. Solar collection equipment shall be installed so that no reflected glare is visible at the property line or right-of-way as required by § 153.034 - Light and Glare.
(I) Decommissioning plan. The applicant must provide a decommissioning plan, signed by the party responsible for decommissioning and the landowner (if different), that describes the anticipated life of the solar farm, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the solar farm project will be decommissioned and the site restored to its condition prior to the development of the solar farm.
(1) Decommissioning will be required following a continuous, 6-month period in which no electricity is generated by the facility.
(2) The permit holder will have 12 months to complete the decommissioning of the solar farm. Decommissioning shall include removal of solar panels, foundations, structures, cabling, electrical components, conduit, and any other associated facilities as described in the decommissioning plan.
(3) Prior to issuance of zoning permit, and annually thereafter, the applicant must provide the county with a performance guarantee, in the form of an irrevocable letter of credit in the amount of 125% of the estimated decommission cost minus the salvageable value or $50,000, whichever is greater. Estimates shall be determined by an engineer licensed to practice in South Carolina.
(J) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site, and shall accommodate safe access to the property by emergency vehicles.
(K) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.
(L) Additional conditions may be imposed to ensure that the use will not create a safety, health, or traffic hazard.
(M) The use will not substantially injure the value of adjoining properties.
(Ord. 11-25-2022, passed 12-7-2022)
