DEFINITIONS
Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions. For the purpose of this chapter, certain words or terms used herein are defined as follows:
The word "shall" is mandatory.
The word "may" is permissive.
The word "lot" includes the word "plot" or "parcel."
The word "structure" includes the word "building."
The word "person" includes a firm, association, organization, partnership, trust company, or corporation as well as an individual.
The word "used" or "occupied" as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy and shall be construed to include the words intended, arranged, or designed to be used or occupied.
The word "map" or "zoning map" shall mean the Official Zoning Map of the City of Pickens, South Carolina.
The term "planning commission" refers to the City of Pickens Planning Commission. The term "council," "city council," or "mayor and council" refer to the legally constituted and elected governing body of the City of Pickens. The term "building official" or "zoning administrator" refers to that person or persons designated by the council for the purpose of administering the building and/or zoning codes. The term "board of appeals" refers to the Board of Zoning Appeals of the City of Pickens.
Accessory. A use, structure, or building subordinate to the principal use, structure, or building on a lot and used for purposes customarily incidental to the main or principal use or building and located on the same lot therewith.
Alley. A secondary way which affords access to the side or rear of abutting property.
Alteration of structure. Any change in the supporting members of a building (such as load bearing walls, columns, or girders), any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.
Automobile service station. Buildings and premises on any parcel or lot where gasoline, oils, greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicles parts, and also where the following services may be rendered, and none other:
1.
Sale and service of spark plugs, batteries, and distributors;
2.
Tire repair and servicing, but no recapping;
3.
Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper blades, windshield wipers, grease retainers, and wheel bearings;
4.
Washing and polishing;
5.
Greasing and lubrication;
6.
Exchanging fuel oil pumps and installing fuel lines;
7.
Minor servicing and replacing of carburetors;
8.
Emergency wiring repairs;
9.
Adjusting and repair of brakes;
10.
Minor adjustment of engines, not involving removal of the head and/or crank case, or racing the motor;
11.
Sale of cold drinks, packaged foods and other products targeted to the traveling public, as accessory only to the principal operation.
Bed and breakfast inn. A use that takes place within a building that prior to such an establishment was a single-family residence, that consists of renting eight (8) or less dwelling rooms on a daily basis to tourists, vacationers, and business people, where provision of meals is limited to the breakfast meal, available only to guests. The resident operator shall reside on site.
Berm. A mound of earth.
Bufferyard. A bufferyard is a permanent unit of land, together with planting, fences, berms, walls, and other screening devices required thereon.
Buildable area. That portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district, within which the particular lot is located once the various front, side, and rear setback requirements for the district have been subtracted from the total lot area.
Building. A structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced by an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support or enclosure of persons, animals, or property of any kind.
Building, principal. A building in which is conducted the principal use of the lot on which said building is situated.
Building line. That line which represents the distance from which a building or structure must be set back from a lot boundary line or a street right-of-way line or a street centerline according to the terms of this chapter. In all cases, the building lines of a lot shall be determined to run parallel to and set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street centerlines, or other boundary lines.
Camper. A mobile home, tent, trailer, or other self-contained vehicle, designed for recreational purposes, made of metal or other materials, mounted on two or more wheels and either self-propelled or rigged for towing, provided such vehicle is less than thirty (30) feet in length and is not used for residential purposes within the City of Pickens.
Care home. A rest home, nursing home, convalescent home, home for the aged, or similar use established and operated on a profit or non-profit basis to provide lodging and/or meals and/or domiciliary care for aged, infirm, chronically ill, or convalescent persons.
Clinic. An establishment where medical or dental patients, who are not lodged overnight, are admitted for examination or treatment.
Day care. A service established for the daytime care of persons not related to the operator.
Deciduous. Leaves fall off or are shed each year.
Density. The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this chapter are expressed in dwelling units per net acre, that is per acre of land devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, school ground, or other public uses.
District. The term applied to various geographic areas of the City of Pickens for the purpose of interpreting the provisions of this chapter. The districts are designated on the official zoning map. Regulations controlling land use in the various districts within the City of Pickens are set forth in Article IV of this chapter. The terms "district" and "zoning district" are synonymous and are used interchangeably throughout this chapter.
Duplex. See "Dwelling, two-family."
Dwelling. A building or portion of a building arranged or designed to provide living quarters for one (1) or more families.
Dwelling, single-family. A detached dwelling other than a mobile home designed or occupied exclusively by one family on a single lot.
Dwelling, two-family. A duplex or dwelling arranged or designed to be occupied by two (2) families in separate dwelling units living independently of each other on a single lot.
Dwelling, multi-family. A building or series of buildings on the same lot or portions thereof used or designed as dwelling for three (3) or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. The terms "multiple-family" and "multi-family" are synonymous and are used interchangeably throughout this chapter.
Dwelling unit. One (1) or more rooms connected together and constituting separate, independent housekeeping establishment for use on a long term basis, with provisions for cooking, eating, and sleeping and physically separated from any other rooms or dwelling units that may be in the same structure or another structure.
Drive-in. A retail or service enterprise oriented to automobile driving patrons wherein service is provided to the consumer on the outside and/or inside of the principal building. The term "drive-in" includes drive-in restaurants, banks, laundries, food stores, car washes, and other similar retail service activities.
Evergreen. A plant which has green foliage throughout the year.
External storage. Storage of materials, inventory, parts, machinery, or equipment outside of primary building.
Family. One (1) or more persons occupying a single dwelling unit provided that unless all members are related by blood or marriage, no such family shall contain over five (5) persons, but further provided that domestic employees serving the residents of the premises may be housed on the premises.
Garage apartment. An accessory dwelling unit located above a detached garage, meeting the primary setback requirements of the district in which it is located.
Garage, private. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.
Garage, public. Any garage other than a private garage which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other vehicles.
Garage, repair. Buildings and premises designed or used for purposes indicated under "automobile service station" and/or major commercial repairs; provided that body work and painting shall be conducted within fully enclosed buildings and provided further that self-propelled vehicles in the process of repair shall be stored in a fully enclosed and secluded area.
Gas station. Building and premises on any parcel or lot where gasoline and accessories may be dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicle parts, and also where the following services may be rendered, and none other:
1.
Sale of cold drinks, packaged foods and other products targeted to the traveling public, as accessory only to the principal operation.
Groundcover. Plants growing close to the ground which spread to form a dense covering over the ground.
Group housing. A building or structure used as a place of residence by several persons who share the living accommodations and do not occupy separate dwelling units. The following are considered group quarters: institutions, dormitories, rooming and boarding houses, and similar establishments.
Home occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and no person who is not a resident of the premises is employed specifically in connection with the activity.
Hotel. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "hotel" includes the term "motel."
Impervious surface. Impervious surfaces do not absorb rain. All building, parking areas, driveways, roads, sidewalks, and any areas in concrete and/or asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Zoning Administrator to be impervious within the meaning of this definition will be considered as impervious surface.
Junk or salvage yards. The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage, or scrap materials; or the dismantling, demolition or abandonment of automobiles and other vehicles, machinery, equipment, or parts thereof.
Kennel. A commercial operation that is engaged in the breeding of animals for sale, or that provides food, shelter, and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian).
Loading space, off-street. Space logically and conveniently located for pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.
Lot. An area designated as a separate and distinct parcel of land on a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House. The terms "lot," "plot," "lot of record," "property," or "tract" whenever used in this chapter, are interchangeable.
Lot, corner. A lot located at the intersection of two (2) or more streets.
Lot, double frontage. A lot which has frontage on more than one (1) street, provided, however, that no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three (3) or more streets.
Lot, interior. A lot, other than a corner lot, which has frontage on only one (1) street other than an alley.
Lot depth. The mean horizontal distance between front and rear lot lines.
Lot of record. An area designed as a separate and distinct parcel of land on a legally recorded subdivision plot or in a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House. The terms "lot," "plot," "lot of record," "property," or "tract" whenever used in this chapter, are interchangeable.
Lot width. The distance between side lot lines measured at the front building line.
Major recreational equipment. Equipment or vehicles used for recreational purposes, including but not limited to motor homes, recreational vehicles, campers, trailers, motorboats, sailboats, boat trailers, all terrain vehicles, off-road vehicles, and snowmobiles.
Manufactured housing.
Mobile homes. Mobile homes are movable or portable dwellings on wheels or on a permanent foundation of masonry units cemented together and supported on concrete footings; conforming to typical construction standards for the area of location. The unit is constructed to be towed on its own chassis and designed for year-round occupancy, which includes two (2) or more units separately towable but designed to be joined into one (1) integral unit, as well as a portable dwelling composed of a single unit. All mobile homes under the jurisdiction of this chapter shall comply with the standards for mobile homes by the American National Standards Institute, Inc. (ANSI), A119.1-1969.
Modular home. A dwelling unit which is constructed in compliance with the Southern Standard Building Code and composed of components substantially assembled in an off-site manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Motel. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "motel" includes the term "hotel."
Natural material. Wood or other organic matter.
Nonconforming use. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this chapter or as the result of subsequent amendments to this chapter.
Open space. Open space is land or water bodies used for recreation amenity which is freely accessible to all residents of a development where required by this chapter. Open space is not occupied by buildings or structures, roads, parking or road right-of-way. Open space does not include setbacks or lots of residential units required to meet minimum lot area or parking requirements.
Parking lot. Any public or private open area used for the express purpose of parking automobiles and other vehicles, with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use. Otherwise, parking lots may be the principal use on a given lot or an accessory use to the principal use on a given lot.
Parking space. A space within a parking lot or on a single-family dwelling lot expressly provided for purposes of parking an automobile or other vehicle.
Permanently mounted. Attached securely to a building, wall, canopy, or the ground or pavement; by means such as concrete, bolts, metal braces, treated wood, or cedar.
Plot. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House. The terms "lot," "plot," "lot of record," "property," or "tract," whenever used in this chapter, are interchangeable.
Residence. A building or portion of a building arranged or designated to provide living quarters for one (1) or more families. The terms "dwelling" and "residence" shall be interchangeable.
Service station. See definition of "automobile service station."
Setback. A space on the same lot with a principal building, open, unoccupied and unobstructed by building or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.
Setback, front. A yard situated between the front building line and the front lot line extending the full width of the lot.
Setback, rear. A yard situated between the rear building line and the rear lot line extending the full width of the lot.
Setback, side. A yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.
Shrub. A woody plant, usually multi-stemmed or well branched from the base.
Sign. The term "sign" shall mean and include every sign, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public, traveling along a public street right-of-way.
Sign area. The area of a sign is the area of the face of the sign formed by a perimeter consisting of a series of straight lines enclosing all parts of the sign. The area of a freestanding sign structure is the area of the face or faces on one (1) side only.
Sign, business identification. A sign that directs attention to a business, commodity, service or other activity conducted on the premises upon which the sign is located.
Sign, freestanding. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having principal function other than the support of a sign.
Sign, illuminated. A sign in which illumination techniques are used in any fashion to project the message on a sign.
Sign, political. A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
Sign, portable. A mobile sign that is mounted on a trailer-type frame or a frame not permanently attached to the ground.
Sign, real estate. Sign advertising exclusively the sale, lease, rental, or development of the premises upon which it stands or directing attention to the opening and location of a new subdivision.
Story. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no above floor, then the space between the floor and the above ceiling.
Street. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
Street centerline. That line surveyed and recorded by the governing body shall be the centerline of a street; or in the event that no centerline has been so determined, it shall be that line running midway between and parallel to the general direction of, the outside right-of-way lines of such streets.
Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having more or less permanent location on the ground. A "building," as defined in this section, is a "structure."
Tract. See "lot."
Trailer. Any vehicle or structure capable of moving, or being moved, over streets and highways on its own wheels or on flat beds or other carriers, which is designed or utilized to:
1.
Provide temporary or permanent quarters for the conduct of business, profession, trade, or occupation;
2.
Serve as a carrier of new or used goods, products, or equipment;
3.
Be used as a selling, advertising, or display device. For purposes of this chapter, the term "trailer" shall not include the term "camper," "mobile home," or "house trailer."
Tree, canopy. A tree with a large, broad spreading crown, usually broadleaf and deciduous with a minimum mature height of forty (40) feet.
Understory tree. A small, usually shade tolerant tree, capable of thriving in the lower light intensities found under the canopy of tall trees.
Use, accessory. See "accessory."
Use, principal. The primary purpose for which a lot is occupied and/or used.
Variance. A modification of the strict terms of this chapter granted by the board of appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of the chapter would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.
Yard. A space on the same lot with a principal building, open, unoccupied and unobstructed by building or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.
Yard, front. A yard situated between the front building line and the front lot line extending the full width of the lot.
Yard, rear. A yard situated between the rear building line and the rear lot line extending the full width of the lot.
Yard, side. A yard situated between a side building line and a side line and extending from the front yard to the rear yard.
Zoning district. See "district."
The following definitions apply to the regulation of sexually oriented businesses.
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
Adult bookstore, adult novelty shop or adult video store. A commercial establishment which has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following:
1.
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
2.
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities" or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult book store, adult novelty store or adult video store so long as one of its principal business purposes is the offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."
Adult cabaret. A nightclub, bar, restaurant, "bottle club" or similar commercial establishment, without regard to whether or not alcoholic beverages, beer or wine are served or consumed therein, which regularly features: (a) persons who appear nude or nearly nude; (b) live performances which are categorized by the exposure of "specified anatomical areas" or "specified sexual activities"; or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult motel. A motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.
Adult motion picture theater. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
Employee. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Establishment means and includes any of the following:
1.
The opening or commencement of any such business as a new business;
2.
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business defined in this chapter;
3.
The addition of any sexually oriented business to any other existing sexually oriented business; or
4.
The relocation of any sexually oriented business.
Nearly nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting belts, strips of cloth, straps, or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that the effect achieved by such appearance is approximately the same as viewing nudity.
Nude, nudity, or state of nudity.
1.
The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
2.
A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
Nude model studio. Any place where a person who appears nude or nearly nude or displays "specified anatomical areas" is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by others who pay money or any form of consideration.
Operator. Means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
Permitted or licensed premises. Any premises that requires a license and/or permit that is classified as a sexually oriented business.
Permittee and/or licensee. A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
Sexual encounter center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
1.
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2.
Other activities between persons of the opposite sex or persons of the same sex, or both, when one (1) or more of the persons is likely to be touching, fondling, or caressing other persons on the genitals, pubic area, buttocks, or female breast in a manner that would stimulate sexual arousal.
Sexually oriented business. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter center, nude model studio, escorts or escort agencies.
Specified anatomical areas. Means and includes any of the following:
1.
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or
2.
Human genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities. Means and includes any of the following:
1.
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breast, regardless of whether such areas of the body are covered or not;
2.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3.
Masturbation, actual or simulated;
4.
Human genitals in a state of sexual stimulation, arousal or tumescence; or
5.
Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.
Substantial enlargement of a sexually oriented business. The increase in floor area occupied by the business by more than twenty-five (25) percent, as the floor areas exist on the effective date of this chapter.
Transfer of ownership or control of a sexually oriented business. Means and includes any of the following:
1.
The sale, lease, or sublease of the business;
2.
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3.
The establishment of a gift, trust or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
Person. An individual, proprietorship, partnership, corporation, association, or other legal entity.
Public building. Any building owned, leased or held by the United States, the state, the city, any special purpose district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental or other public purposes.
Public park or recreation area. Any public premises which have been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, gymnasium, recreational center, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness area, or similar public premises within the city which are under control, operation, or management of the city park and recreation authorities, or the equivalent state, county, or recreation district authorities.
Religious institution. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
Residential district. A geographical area recognized under the city's zoning ordinance as primarily occupied by dwelling units for single-family, two-family, multiple-family, or manufactured home parks or subdivisions and campgrounds. It does not include other zoned districts intended primarily for industrial, service, commercial, or office use but which permit residential use.
Residential use. The lawful utilization of any structure as a dwelling unit for single-family, two-family, and/or multiple-family occupation.
School. Any public or private educational facility including but not limited to child day care centers or facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, colleges, and universities. School includes the school grounds.
Youth activity center. A boys club, girls club, or any other facility which is not a school but which provides entertainment, recreation, crafts, tutorials, or other quality of life enhancements for minors, whether a non-profit facility or not.
The following definitions apply to the regulation of telecommunications towers.
Antenna. A device, dish or array used to transmit or receive telecommunications signals.
Communications tower. As used in this chapter shall mean a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building.
Height. The height of a communications tower is the distance from the base of the tower to the top of the structure.
Telecommunications. As defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
DEFINITIONS
Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions. For the purpose of this chapter, certain words or terms used herein are defined as follows:
The word "shall" is mandatory.
The word "may" is permissive.
The word "lot" includes the word "plot" or "parcel."
The word "structure" includes the word "building."
The word "person" includes a firm, association, organization, partnership, trust company, or corporation as well as an individual.
The word "used" or "occupied" as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy and shall be construed to include the words intended, arranged, or designed to be used or occupied.
The word "map" or "zoning map" shall mean the Official Zoning Map of the City of Pickens, South Carolina.
The term "planning commission" refers to the City of Pickens Planning Commission. The term "council," "city council," or "mayor and council" refer to the legally constituted and elected governing body of the City of Pickens. The term "building official" or "zoning administrator" refers to that person or persons designated by the council for the purpose of administering the building and/or zoning codes. The term "board of appeals" refers to the Board of Zoning Appeals of the City of Pickens.
Accessory. A use, structure, or building subordinate to the principal use, structure, or building on a lot and used for purposes customarily incidental to the main or principal use or building and located on the same lot therewith.
Alley. A secondary way which affords access to the side or rear of abutting property.
Alteration of structure. Any change in the supporting members of a building (such as load bearing walls, columns, or girders), any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.
Automobile service station. Buildings and premises on any parcel or lot where gasoline, oils, greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicles parts, and also where the following services may be rendered, and none other:
1.
Sale and service of spark plugs, batteries, and distributors;
2.
Tire repair and servicing, but no recapping;
3.
Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper blades, windshield wipers, grease retainers, and wheel bearings;
4.
Washing and polishing;
5.
Greasing and lubrication;
6.
Exchanging fuel oil pumps and installing fuel lines;
7.
Minor servicing and replacing of carburetors;
8.
Emergency wiring repairs;
9.
Adjusting and repair of brakes;
10.
Minor adjustment of engines, not involving removal of the head and/or crank case, or racing the motor;
11.
Sale of cold drinks, packaged foods and other products targeted to the traveling public, as accessory only to the principal operation.
Bed and breakfast inn. A use that takes place within a building that prior to such an establishment was a single-family residence, that consists of renting eight (8) or less dwelling rooms on a daily basis to tourists, vacationers, and business people, where provision of meals is limited to the breakfast meal, available only to guests. The resident operator shall reside on site.
Berm. A mound of earth.
Bufferyard. A bufferyard is a permanent unit of land, together with planting, fences, berms, walls, and other screening devices required thereon.
Buildable area. That portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district, within which the particular lot is located once the various front, side, and rear setback requirements for the district have been subtracted from the total lot area.
Building. A structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced by an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support or enclosure of persons, animals, or property of any kind.
Building, principal. A building in which is conducted the principal use of the lot on which said building is situated.
Building line. That line which represents the distance from which a building or structure must be set back from a lot boundary line or a street right-of-way line or a street centerline according to the terms of this chapter. In all cases, the building lines of a lot shall be determined to run parallel to and set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street centerlines, or other boundary lines.
Camper. A mobile home, tent, trailer, or other self-contained vehicle, designed for recreational purposes, made of metal or other materials, mounted on two or more wheels and either self-propelled or rigged for towing, provided such vehicle is less than thirty (30) feet in length and is not used for residential purposes within the City of Pickens.
Care home. A rest home, nursing home, convalescent home, home for the aged, or similar use established and operated on a profit or non-profit basis to provide lodging and/or meals and/or domiciliary care for aged, infirm, chronically ill, or convalescent persons.
Clinic. An establishment where medical or dental patients, who are not lodged overnight, are admitted for examination or treatment.
Day care. A service established for the daytime care of persons not related to the operator.
Deciduous. Leaves fall off or are shed each year.
Density. The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this chapter are expressed in dwelling units per net acre, that is per acre of land devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, school ground, or other public uses.
District. The term applied to various geographic areas of the City of Pickens for the purpose of interpreting the provisions of this chapter. The districts are designated on the official zoning map. Regulations controlling land use in the various districts within the City of Pickens are set forth in Article IV of this chapter. The terms "district" and "zoning district" are synonymous and are used interchangeably throughout this chapter.
Duplex. See "Dwelling, two-family."
Dwelling. A building or portion of a building arranged or designed to provide living quarters for one (1) or more families.
Dwelling, single-family. A detached dwelling other than a mobile home designed or occupied exclusively by one family on a single lot.
Dwelling, two-family. A duplex or dwelling arranged or designed to be occupied by two (2) families in separate dwelling units living independently of each other on a single lot.
Dwelling, multi-family. A building or series of buildings on the same lot or portions thereof used or designed as dwelling for three (3) or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. The terms "multiple-family" and "multi-family" are synonymous and are used interchangeably throughout this chapter.
Dwelling unit. One (1) or more rooms connected together and constituting separate, independent housekeeping establishment for use on a long term basis, with provisions for cooking, eating, and sleeping and physically separated from any other rooms or dwelling units that may be in the same structure or another structure.
Drive-in. A retail or service enterprise oriented to automobile driving patrons wherein service is provided to the consumer on the outside and/or inside of the principal building. The term "drive-in" includes drive-in restaurants, banks, laundries, food stores, car washes, and other similar retail service activities.
Evergreen. A plant which has green foliage throughout the year.
External storage. Storage of materials, inventory, parts, machinery, or equipment outside of primary building.
Family. One (1) or more persons occupying a single dwelling unit provided that unless all members are related by blood or marriage, no such family shall contain over five (5) persons, but further provided that domestic employees serving the residents of the premises may be housed on the premises.
Garage apartment. An accessory dwelling unit located above a detached garage, meeting the primary setback requirements of the district in which it is located.
Garage, private. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.
Garage, public. Any garage other than a private garage which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other vehicles.
Garage, repair. Buildings and premises designed or used for purposes indicated under "automobile service station" and/or major commercial repairs; provided that body work and painting shall be conducted within fully enclosed buildings and provided further that self-propelled vehicles in the process of repair shall be stored in a fully enclosed and secluded area.
Gas station. Building and premises on any parcel or lot where gasoline and accessories may be dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicle parts, and also where the following services may be rendered, and none other:
1.
Sale of cold drinks, packaged foods and other products targeted to the traveling public, as accessory only to the principal operation.
Groundcover. Plants growing close to the ground which spread to form a dense covering over the ground.
Group housing. A building or structure used as a place of residence by several persons who share the living accommodations and do not occupy separate dwelling units. The following are considered group quarters: institutions, dormitories, rooming and boarding houses, and similar establishments.
Home occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and no person who is not a resident of the premises is employed specifically in connection with the activity.
Hotel. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "hotel" includes the term "motel."
Impervious surface. Impervious surfaces do not absorb rain. All building, parking areas, driveways, roads, sidewalks, and any areas in concrete and/or asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Zoning Administrator to be impervious within the meaning of this definition will be considered as impervious surface.
Junk or salvage yards. The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage, or scrap materials; or the dismantling, demolition or abandonment of automobiles and other vehicles, machinery, equipment, or parts thereof.
Kennel. A commercial operation that is engaged in the breeding of animals for sale, or that provides food, shelter, and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian).
Loading space, off-street. Space logically and conveniently located for pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.
Lot. An area designated as a separate and distinct parcel of land on a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House. The terms "lot," "plot," "lot of record," "property," or "tract" whenever used in this chapter, are interchangeable.
Lot, corner. A lot located at the intersection of two (2) or more streets.
Lot, double frontage. A lot which has frontage on more than one (1) street, provided, however, that no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three (3) or more streets.
Lot, interior. A lot, other than a corner lot, which has frontage on only one (1) street other than an alley.
Lot depth. The mean horizontal distance between front and rear lot lines.
Lot of record. An area designed as a separate and distinct parcel of land on a legally recorded subdivision plot or in a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House. The terms "lot," "plot," "lot of record," "property," or "tract" whenever used in this chapter, are interchangeable.
Lot width. The distance between side lot lines measured at the front building line.
Major recreational equipment. Equipment or vehicles used for recreational purposes, including but not limited to motor homes, recreational vehicles, campers, trailers, motorboats, sailboats, boat trailers, all terrain vehicles, off-road vehicles, and snowmobiles.
Manufactured housing.
Mobile homes. Mobile homes are movable or portable dwellings on wheels or on a permanent foundation of masonry units cemented together and supported on concrete footings; conforming to typical construction standards for the area of location. The unit is constructed to be towed on its own chassis and designed for year-round occupancy, which includes two (2) or more units separately towable but designed to be joined into one (1) integral unit, as well as a portable dwelling composed of a single unit. All mobile homes under the jurisdiction of this chapter shall comply with the standards for mobile homes by the American National Standards Institute, Inc. (ANSI), A119.1-1969.
Modular home. A dwelling unit which is constructed in compliance with the Southern Standard Building Code and composed of components substantially assembled in an off-site manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Motel. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word "motel" includes the term "hotel."
Natural material. Wood or other organic matter.
Nonconforming use. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this chapter or as the result of subsequent amendments to this chapter.
Open space. Open space is land or water bodies used for recreation amenity which is freely accessible to all residents of a development where required by this chapter. Open space is not occupied by buildings or structures, roads, parking or road right-of-way. Open space does not include setbacks or lots of residential units required to meet minimum lot area or parking requirements.
Parking lot. Any public or private open area used for the express purpose of parking automobiles and other vehicles, with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use. Otherwise, parking lots may be the principal use on a given lot or an accessory use to the principal use on a given lot.
Parking space. A space within a parking lot or on a single-family dwelling lot expressly provided for purposes of parking an automobile or other vehicle.
Permanently mounted. Attached securely to a building, wall, canopy, or the ground or pavement; by means such as concrete, bolts, metal braces, treated wood, or cedar.
Plot. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Pickens County, as maintained in the Pickens County Court House. The terms "lot," "plot," "lot of record," "property," or "tract," whenever used in this chapter, are interchangeable.
Residence. A building or portion of a building arranged or designated to provide living quarters for one (1) or more families. The terms "dwelling" and "residence" shall be interchangeable.
Service station. See definition of "automobile service station."
Setback. A space on the same lot with a principal building, open, unoccupied and unobstructed by building or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.
Setback, front. A yard situated between the front building line and the front lot line extending the full width of the lot.
Setback, rear. A yard situated between the rear building line and the rear lot line extending the full width of the lot.
Setback, side. A yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.
Shrub. A woody plant, usually multi-stemmed or well branched from the base.
Sign. The term "sign" shall mean and include every sign, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public, traveling along a public street right-of-way.
Sign area. The area of a sign is the area of the face of the sign formed by a perimeter consisting of a series of straight lines enclosing all parts of the sign. The area of a freestanding sign structure is the area of the face or faces on one (1) side only.
Sign, business identification. A sign that directs attention to a business, commodity, service or other activity conducted on the premises upon which the sign is located.
Sign, freestanding. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having principal function other than the support of a sign.
Sign, illuminated. A sign in which illumination techniques are used in any fashion to project the message on a sign.
Sign, political. A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
Sign, portable. A mobile sign that is mounted on a trailer-type frame or a frame not permanently attached to the ground.
Sign, real estate. Sign advertising exclusively the sale, lease, rental, or development of the premises upon which it stands or directing attention to the opening and location of a new subdivision.
Story. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no above floor, then the space between the floor and the above ceiling.
Street. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
Street centerline. That line surveyed and recorded by the governing body shall be the centerline of a street; or in the event that no centerline has been so determined, it shall be that line running midway between and parallel to the general direction of, the outside right-of-way lines of such streets.
Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something having more or less permanent location on the ground. A "building," as defined in this section, is a "structure."
Tract. See "lot."
Trailer. Any vehicle or structure capable of moving, or being moved, over streets and highways on its own wheels or on flat beds or other carriers, which is designed or utilized to:
1.
Provide temporary or permanent quarters for the conduct of business, profession, trade, or occupation;
2.
Serve as a carrier of new or used goods, products, or equipment;
3.
Be used as a selling, advertising, or display device. For purposes of this chapter, the term "trailer" shall not include the term "camper," "mobile home," or "house trailer."
Tree, canopy. A tree with a large, broad spreading crown, usually broadleaf and deciduous with a minimum mature height of forty (40) feet.
Understory tree. A small, usually shade tolerant tree, capable of thriving in the lower light intensities found under the canopy of tall trees.
Use, accessory. See "accessory."
Use, principal. The primary purpose for which a lot is occupied and/or used.
Variance. A modification of the strict terms of this chapter granted by the board of appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of the chapter would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.
Yard. A space on the same lot with a principal building, open, unoccupied and unobstructed by building or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.
Yard, front. A yard situated between the front building line and the front lot line extending the full width of the lot.
Yard, rear. A yard situated between the rear building line and the rear lot line extending the full width of the lot.
Yard, side. A yard situated between a side building line and a side line and extending from the front yard to the rear yard.
Zoning district. See "district."
The following definitions apply to the regulation of sexually oriented businesses.
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
Adult bookstore, adult novelty shop or adult video store. A commercial establishment which has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following:
1.
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
2.
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities" or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult book store, adult novelty store or adult video store so long as one of its principal business purposes is the offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."
Adult cabaret. A nightclub, bar, restaurant, "bottle club" or similar commercial establishment, without regard to whether or not alcoholic beverages, beer or wine are served or consumed therein, which regularly features: (a) persons who appear nude or nearly nude; (b) live performances which are categorized by the exposure of "specified anatomical areas" or "specified sexual activities"; or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult motel. A motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.
Adult motion picture theater. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
Employee. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Establishment means and includes any of the following:
1.
The opening or commencement of any such business as a new business;
2.
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business defined in this chapter;
3.
The addition of any sexually oriented business to any other existing sexually oriented business; or
4.
The relocation of any sexually oriented business.
Nearly nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting belts, strips of cloth, straps, or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that the effect achieved by such appearance is approximately the same as viewing nudity.
Nude, nudity, or state of nudity.
1.
The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
2.
A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
Nude model studio. Any place where a person who appears nude or nearly nude or displays "specified anatomical areas" is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by others who pay money or any form of consideration.
Operator. Means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
Permitted or licensed premises. Any premises that requires a license and/or permit that is classified as a sexually oriented business.
Permittee and/or licensee. A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
Sexual encounter center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
1.
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2.
Other activities between persons of the opposite sex or persons of the same sex, or both, when one (1) or more of the persons is likely to be touching, fondling, or caressing other persons on the genitals, pubic area, buttocks, or female breast in a manner that would stimulate sexual arousal.
Sexually oriented business. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter center, nude model studio, escorts or escort agencies.
Specified anatomical areas. Means and includes any of the following:
1.
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or
2.
Human genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities. Means and includes any of the following:
1.
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breast, regardless of whether such areas of the body are covered or not;
2.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3.
Masturbation, actual or simulated;
4.
Human genitals in a state of sexual stimulation, arousal or tumescence; or
5.
Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.
Substantial enlargement of a sexually oriented business. The increase in floor area occupied by the business by more than twenty-five (25) percent, as the floor areas exist on the effective date of this chapter.
Transfer of ownership or control of a sexually oriented business. Means and includes any of the following:
1.
The sale, lease, or sublease of the business;
2.
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3.
The establishment of a gift, trust or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
Person. An individual, proprietorship, partnership, corporation, association, or other legal entity.
Public building. Any building owned, leased or held by the United States, the state, the city, any special purpose district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental or other public purposes.
Public park or recreation area. Any public premises which have been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, gymnasium, recreational center, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness area, or similar public premises within the city which are under control, operation, or management of the city park and recreation authorities, or the equivalent state, county, or recreation district authorities.
Religious institution. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
Residential district. A geographical area recognized under the city's zoning ordinance as primarily occupied by dwelling units for single-family, two-family, multiple-family, or manufactured home parks or subdivisions and campgrounds. It does not include other zoned districts intended primarily for industrial, service, commercial, or office use but which permit residential use.
Residential use. The lawful utilization of any structure as a dwelling unit for single-family, two-family, and/or multiple-family occupation.
School. Any public or private educational facility including but not limited to child day care centers or facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, colleges, and universities. School includes the school grounds.
Youth activity center. A boys club, girls club, or any other facility which is not a school but which provides entertainment, recreation, crafts, tutorials, or other quality of life enhancements for minors, whether a non-profit facility or not.
The following definitions apply to the regulation of telecommunications towers.
Antenna. A device, dish or array used to transmit or receive telecommunications signals.
Communications tower. As used in this chapter shall mean a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building.
Height. The height of a communications tower is the distance from the base of the tower to the top of the structure.
Telecommunications. As defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.