Peak City Zoning Code

GENERAL REGULATIONS

§ 153.026 APPLICATION OF DEED RESTRICTIONS.

Unless deed restrictions, covenants, or other contracts directly involve the county as a party in interest, the county shall have no administrative responsibility or authority for enforcing the deed restrictions or covenants.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.027 STREET ACCESS REQUIRED.

Except as otherwise specifically provided, no building shall be located, used, or occupied on a lot without direct vehicular and pedestrian access to a public street, or a private street that meets the applicable requirements of Chapter 154 of the Newberry County Code of Ordinances. Direct access may be by either a private drive directly to the street or by a perpetual easement.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.028 ERECTION OF STRUCTURES ONLY ON LOTS OF RECORD.

Any new structure erected after the effective date of this chapter shall be erected only on a lot of record.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.029 REDUCTION OF LOT AREA PROHIBITED.

(A) No yard or lot existing on the effective date of this chapter shall be reduced in dimension or area below the applicable district minimum requirements.

(B) New lots or yards shall meet the applicable district minimum requirements.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.030 NONCONFORMITIES.

(A) In general.

(1) Nonconformities as defined in this section are declared to be incompatible with permitted uses in the districts established by this chapter. It is the intent of this section to allow nonconformities to continue until they are removed, but not to encourage their proliferation.

(2) Any parcel of land, use of land, easement, building or structure lawfully existing on the date of any text change in this chapter, or on the date of a zoning map change that does not conform to the use or dimensional requirements of the district in which it is located may be continued and maintained in accordance with the provisions of this section and other applicable provisions of this chapter.

(3) A nonconformity shall not be changed to any other nonconformity unless the Board of Zoning Appeals finds that the new proposed nonconformity is more in character with the uses and development patterns in the zoning district in which it is located. In approving such a request, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with the purpose of this section.

(4) A nonconformity shall only be extended, enlarged, or intensified in conformity with this section.

(5) Nonconforming off-premises advertising signs may be rebuilt provided all structural requirements detailed in this section are met.

(B) Nonconforming lots.

(1) Vacant lots. Vacant lots for which plats or deeds have been recorded in the Office of the Clerk of Court for Newberry County, which fail to comply with the minimum area or other dimensional requirements of the districts in which they are located may be used for any of the uses permitted in the district in which it is located, provided that:

(a) Where the lot area is not more than 20% below the minimum specified in this chapter, and other dimensional requirements are otherwise complied with, the Zoning Administrator is authorized to issue a certificate of zoning compliance.

(b) Where the lot area is more than 20% below the minimum specified in this chapter, or other dimensional requirements cannot be met, the Board of Zoning Appeals may, in its discretion, approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.

(2) Recombination of nonconforming vacant lots. When the owner of a nonconforming vacant lot also owns land adjacent to the nonconforming lot, and the adjacent land or portion thereof can be combined with the nonconforming vacant lot to create a conforming lot or a more conforming lot (without creating other nonconformities), such owner shall, before selling or beginning any construction thereon, so combine the nonconforming lot and the adjacent land to create such lot.

(3) Nonconforming occupied lots. Nonconforming lots occupied by buildings or structures that fail to comply with the dimensional requirements for the district in which they are located may continue to be used, provided the specific nonconformity is not increased. The minimum yard requirements of this chapter shall not be construed as prohibiting the conversion of an existing building that does not meet the minimum yard requirements to another permitted use, so long as no further encroachment is made into the required yards.

(1) Nonconforming uses of land or structures may continue only in accordance with the provisions of this section.

(2) A nonconforming use shall not be expanded. Expansion shall include an intensification of use, a physical expansion that results in increased capacity or activity associated with the use, an extension of the hours of operation or number of days of activity and any similar change in activity or location. A nonconforming use of land outside a building shall not be extended, enlarged, or intensified on additional land after the effective date of this chapter.

(3) A nonconforming use shall not be moved from one location on a site to another location on the same site unless the property owner can demonstrate to the satisfaction of the Zoning Administrator that the relocation of the use will not increase the impacts of such use on the public, will not adversely affect adjacent properties, and will not have the effect of making the nonconformity more permanent.

(4) A nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, a nonconforming use shall not be re-established.

(5) Where a nonconforming use is discontinued or abandoned for a period of 180 days, then the use shall not be re-established or resumed and any subsequent use of the land or structure shall conform to the requirements of these regulations; provided, however, that commercial and industrial businesses established at the time this chapter is adopted or amended are exempt from this provision. Owners of manufactured homes that have been abandoned for a period not less than 6 months, and which are older than June 15, 1976, shall remove them permanently from all land/lots of Newberry County unless the owner can demonstrate to the satisfaction of the Board of Zoning Appeals that they will take significant steps to bring the unit into compliance with this chapter.

(6) No structural changes shall be made in any structure occupied by a nonconforming use except as follows:

(a) Those structural changes ordered by an authorized official in order to ensure the safety of the structure shall be permitted.

(b) Maintenance and repairs to keep a structure in sound condition shall be permitted.

(d) An existing nonconforming residential structure may be enlarged or altered provided that no additional dwelling units result. Any such enlargement or alterations shall be in compliance with all yard requirements of the district and/or use.

(e) The structure and its accompanying use may be moved to another location on the lot so long as the structure meets all applicable requirements of the district.

(f) Any nonconforming use may be extended throughout any parts of a structure that were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter.

(D) Nonconforming structures.

(1) A nonconforming structure, devoted to a use permitted in the zoning district in which it is located, may continue in accordance with the provisions of this section.

(2) Normal repair and maintenance may be performed to allow the continuation of a nonconforming structure.

(3) Enlargement of a nonconforming structure for its current use on any property less than 2 acres in size may be allowed, provided that the following conditions shall apply:

(a) The original lot size must not be increased in order to accommodate the enlargement.

(b) The enlargement must not create or require additional on-site parking, and must not intensify the nonconforming use such that it creates peripheral off-site parking needs.

(d) The enlargement must not be accompanied by or made in conjunction with changes in operating hours.

(e) The enlargement must not create or be accompanied by changes in dimensions for lot access or signage.

(f) The enlargement must not violate yard or setback requirements for the existing district.

(4) Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.

(5) A nonconforming structure shall not be moved unless it thereafter conforms to the standards of the zoning district in which it is located.

(6) A nonconforming structure may be rebuilt, altered, or repaired in its pre-existing location after sustaining damage other than demolition, provided, however, that the structure is not expanded beyond the previous square footage unless in compliance with all other provisions of this section. A manufactured home may be replaced on the same lot with one that meets HUD standards and is of equal or larger square footage, provided that the unit must be replaced within 6 months of the destruction or removal.

(7) A nonconforming structure shall not be demolished and rebuilt as a nonconforming structure.

(8) Nonconforming signs, if present anywhere on the site, shall be removed prior to issuance of a change of use permit, issuance of a grading permit, or commencement of new construction on the site.

(E) Additional requirement for nonconforming accessory uses and structures. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, discontinuance, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located.

(F) Additional requirements for nonconforming manufactured home parks.

(1) Nonconforming manufactured home parks may not be expanded or increased in size which shall include adding spaces to the park;

(2) When a site at a nonconforming manufactured home park is vacated, another manufactured home may not be placed on that site;

(G) Changes of tenancy and/or ownership. There may be a change in tenancy or ownership of an existing nonconforming use or structure provided there is no change in the nature or character of such nonconforming use or structure except as provided herein and all other applicable requirements of this chapter are met (e.g., parking, screening, landscaping, etc.).

(H) Temporary nonconformances. A temporary use permit may be issued by the Zoning Administrator for an appropriate period of time not to exceed a 12-month period for nonconforming structures such as manufactured homes, modular units, and storage containers incidental to building construction or land development, provided that the owner of the temporary nonconforming use agrees to remove the temporary nonconforming use upon expiration of the permit. The temporary use permit may be renewed by the Zoning Administrator for 1 additional 12-month period or for a total of 24 months for both permit and extension combined, whichever is greater.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.031 LOT COVERAGE.

Any terrace, balcony, breezeway, porch, or portion thereof, or any solar collection device or related apparatus not included as floor area of the building shall not be included in computing lot coverage.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.032 VISIBILITY REQUIREMENTS, SIGHT TRIANGLE.

No planting shall be placed or maintained and no fence, building, wall or other structure or obstruction shall be constructed or placed in such a manner as to obstruct visibility between a height of 3 feet and 10 feet measured from the upper face of the nearest curb or pavement within any required sight triangle.

(A) Street intersections, corner lots. Sight triangles shall be maintained at all street intersections (corner lots). These sight triangles shall be defined as a triangle bounded on 2 sides by the edge of pavement or curb of the streets and on the third side by a straight line connecting the endpoints of the other 2 sides. Along major roads, including arterial and collector roads, the length of the side of the sight triangle parallel to the road shall be at least 40 feet. Along all other roads, the length of the side of the sight triangle parallel to the road shall be at least 10 feet.

(B) Driveways. Sight triangles shall be maintained where driveways intersect streets. These sight triangles shall be defined as a 10 by 10 foot triangle bounded on 1 side by the edge of pavement or curb of the street, 1 side by the edge of driveway, and on the third side by a straight line connecting the endpoints of the other 2 sides. In the event that a driveway crosses a sidewalk, then the edge of sidewalk furthest from the street shall be used as a side in place of edge of pavement or curb.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.033 FENCES AND WALLS.

(A) In general. The following standards shall apply to all fences and walls in all zoning districts unless otherwise noted.

(1) Fences and walls shall be maintained in good order by the owner.

(2) Fences shall not contain advertising, signs, or logos on the exterior of the fence unless deemed necessary by the Zoning Administrator.

(3) Fences and walls shall be installed and maintained so as not to interfere with the sight distance requirements of this chapter or the sight distance needs of drivers in parking areas, at entrance and exit locations, and at street intersections.

(4) Fences and walls shall be constructed such that the "finished" part of the fence or wall is located to the exterior of the property.

(5) Nothing in this subsection shall preclude the installation of temporary fences around construction works, erected or maintained pursuant to the Building Code, soil erosion and sedimentation requirements, or tree conservation requirements.

(B) Material and design. The following standards shall apply to all fences and walls in all zoning districts, unless otherwise noted.

(1) Fences and walls within a development must be compatible in design, materials, and construction.

(2) Walls and fences shall be constructed of masonry, stone, wood, vinyl or similar material commonly used for fence construction.

(3) Walls and fences used for required screening shall be similar in composition and appearance as the principal building. Such walls and fences shall be opaque or shall be of a design approved by the Zoning Administrator, and must meet the requirements of § 153.183 - Screening.

(C) Maintenance and safety. Walls and fences shall be erected and maintained in a safe manner. Walls and fences not erected or maintained in a safe manner through neglect, lack of repair, manner of construction, method of placement, or otherwise deemed unsafe by the county shall be repaired, replaced, or removed by the owner. Fences shall be maintained by the property owner.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.034 LIGHT AND GLARE.

(A) Applicability. The provisions of this section shall apply to any and all exterior artificial light sources not otherwise having specific regulations.

(B) Exemptions. The following are exempted from the requirements of this section.

(1) Lighting fixtures and standards required by federal, state, county or city agencies, including street lights within public rights-of-way.

(2) Outdoor lighting fixtures used or required by law enforcement, fire and emergency services, transportation or similar governmental agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares.

(C) Lighting. Exterior lighting of buildings, properties, developments, signs or other features, and for any use, including, but not limited to, residential, commercial and industrial uses, shall meet the following requirements.

(1) All exterior light fixtures shall be fully shielded and installed in such a way that no light spills over onto adjacent properties or rights-of-way.

(2) Because of their unique requirement for nighttime visibility and their limited hours of operation, stadiums, ball fields, playing fields and tennis courts are exempted from the general standards of this section. However, lighting for these outdoor recreational uses shall be shielded to minimize light and glare trespass onto adjacent and nearby properties.

(3) No flashing lights shall be permitted.

(4) No installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall be permitted.

(D) Glare. There shall be no direct or reflected glare, whether from floodlights, high temperature processing, combustion, welding, or otherwise, so as to be visible at the property line or right-of-way.

(1) Safety hazard. Any artificial light source which creates glare observable within the normal range of vision from any public walk or thoroughfare under normal weather conditions is considered a safety hazard and is prohibited.

(2) Nuisance. Any artificial light source which creates glare observable within the normal range of vision, under normal weather conditions, from any property other than the property where the light source is located is considered a nuisance and is prohibited.

(Ord. 06-11-16, passed 9-21-2016)

§ 153.035 PARKING OF COMMERCIAL VEHICLES.

To preserve the integrity of county roads, the following conditions shall apply to the overnight or regular parking of commercial vehicles weighing more than 10 tons within the County.

(A) No commercial vehicle shall be permitted to park on any county road right-of-way.