(a)

Fireworks defined. For purposes of this ordinance, the term "fireworks" shall mean those items as defined as "class C fireworks" and as "common fireworks".

(b)

Fireworks sales prohibited; exceptions.

(1)

Except as otherwise specifically permitted under subsection (c) of this ordinance, it shall be unlawful to sell or display for sale any fireworks within the city limits except in those areas zoned M-1 light industrial or M-2 heavy industrial.

(2)

Nothing in this ordinance shall be construed as applying to:

a.

Toy smoke devices defined as smoke balls or tubes containing a pyrotechnic mixture which upon ignition produces a visible cloud of smoke;

b.

Toy paper or plastic caps containing not more than .25 of a grain of explosive composition per cap; or toy or cap pistols or any like device designed to discharge such paper or plastic caps; or sparklers;

c.

The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroads or other classes of public or private transportation;

d.

The military forces of the United States or of this state while in the performance of official duty;

e.

Law enforcement officers while in the performance of official duty;

f.

Ceremonial, theatrical or athletic events.

(c)

Limited sales exception; permit requirements and conditions.

(1)

Firework sales shall be permitted as a use of right in M-1 and M-2 industrial zones without limitation as to time and date of sale.

(2)

Subject to the conditions hereinafter set forth, the retail sale of fireworks in B-1 and B-2 zones may be permitted as a conditional use provided that applicants first obtain a permit from the zoning administrator (or his designee) and that sales in such zones shall only be permitted between dates of December 1—January 7 and June 15—July 10, inclusive. A separate application shall be required for each location and for each period.

(3)

The zoning administrator (or his designee) is authorized to issue permits for the retail sale of fireworks as a conditional use B-1 and B-2 zones. No permit shall be approved unless the applicant furnishes the following with the permit application:

a.

An annual permit fee of fifty dollars ($50.00) or a receipt showing previous payment of the same, and a performance bond of five hundred dollars ($500.00) in the form of a certified check or a cash deposit with the city finance director (or his designee) any such performance bond being refundable according to the conditions set forth in subsection (4) below;

b.

The name of the applicant and, if the applicant is a person, the person's residential address, or, if the applicant is a corporation or other legal entity, the business address of such corporation or entity and the name and residential address of a responsible officer or manager on such corporation or entity's behalf;

c.

A description of the location where such sales activities are to be conducted and the name and address of the owner thereof; and

d.

Statements of approval from the building official and chief fire inspector certifying code compliance and documentation of compliance with all applicable state codes and administrative regulations.

e.

Proof that the applicant holds a policy or policies of public liability insurance coverage for such retail sales activities at such location for the permitted sale period, which policy or policies are issued by an insurance company or companies authorized to do business in the State of South Carolina, and which said policy or policies provide coverage in the following minimum amounts: five hundred thousand dollars ($500,000.00) for injuries or damage to any one person in one said accident or occurrence; one million dollars ($1,000,000.00) for injuries to two (2) or more persons in any accident or occurrence; and $1,000,000.00 combined single limit coverage for any one accident or occurrence.

(4)

All permits issued under the authority of this section shall be subject to the following limitations and conditions:

a.

A separate permit shall be required for each separate location where fireworks are to be sold by any applicant and a separate application shall be required for each "sales period".

b.

Permits may be issued only for locations that are located within B-1 or B-2 zoning classification, subject, however, to the additional requirement that no structure or location for the sale of fireworks shall be located closer than two hundred and fifty (250) feet from any parcel zoned for residential use. Such measurement shall be made in a straight line between the closest portion of the sales facility structure and the closest property line of the parcel zoned for residential use, without regard to any intervening structures, objects or natural barriers.

c.

No sale activities shall be conducted under such permit unless the sales facility and applicant comply with all applicable state codes and state administrative rules, the rules and regulations of applicable building and fire codes and regulations of the state fire marshal applicable to fireworks stands, and all sales activities shall, at all times during the term of the permit, be conducted in conformance with those rules and regulations.

d.

Within twenty-four (24) hours after the expiration of the permitted sale period the permit holder shall cause the permitted sales location to be cleaned and cleared of all debris, and within fifteen (15) days after the expiration of the permitted sales period the permit holder shall cause all fireworks stands, tents and other sales facilities and all signs or other indicia of fireworks sales activity to be removed from the permitted B-1 or B-2 sales location. Failure to comply with this subsection in a timely manner shall result in forfeiture of the applicant's performance bond and removal, destruction, or demolition of the structure or indicia of the fireworks sales activity, to be undertaken at the city's expense.

(5)

If the zoning administrator is satisfied after expiration of the permitted sale period that the permit holder has complied with all of the conditions, limitations and requirements of this article, and upon request therefor, the finance director shall refund to the permit holder the performance bond deposited pursuant to subsection (c)(3)a. above. If the permit holder is aggrieved by any decision of the zoning administrator to refuse such refund, the permit holder may appeal that decision to the board of zoning appeals.

(d)

Discharge. Fireworks shall not be discharged in any manner contrary to city ordinance, the provisions of S.C. Code Ann, § 23-35-120, or any other regulation or law of this state.

(e)

Penalty. Any person who shall be convicted of violating any of the provisions of this article shall be punished as provided within section 1-10 of the Municipal Code of the City of North Charleston.

(f)

Amortization of nonconforming uses. Any firework sales facility/location lawfully operating on June 22, 2000, which has thereafter continuously lawfully operated, and which would otherwise be in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of six (6) months or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. Further, the provisions of section 4-5 of this zoning ordinance, relating to nonconforming uses, shall not apply to businesses governed by this terms of this section.

(Ord. No. 2000-023, 6-22-00; Ord. No. 2002-014, 1-24-02; Ord. No. 2002-14, 2-14-02)