Pine Ridge City Zoning Code
PART 6
Supplemental Regulations, Conditional Uses, and Special Exceptions
§ 300-52 Sexually oriented businesses.
It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the Town of Pine Ridge, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the Town. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market, neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
A. ADULT ARCADE ADULT BOOKSTORE OR ADULT VIDEO STORE(1) (2) ADULT CABARET(1) (2) (3) ADULT MOTEL(1) (2) (3) ADULT MOTION PICTURE THEATER ADULT THEATER ESCORT ESCORT AGENCY ESTABLISHMENT(1) (2) (3) (4) NUDE MODEL STUDIO NUDITY OR A STATE OF NUDITY PERMITTEE AND/OR LICENSEE PERSON SEMI-NUDE SEXUAL ENCOUNTER CENTER SEXUALLY ORIENTED BUSINESS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES(1) (2) (3) (4) (5) SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS(1) (2) (3)
Definitions. As used in this section, the following terms shall have the meanings indicated:
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 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 certain sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
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.
A hotel, motel or similar commercial establishment:
Offers accommodations to the public for any form of consideration; 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 has a sign visible from the public right-of-way which advertises the availability of this adult type or photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
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.
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.
And includes any of the following:
The opening or commencement of any sexually oriented business as a new business;
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other existing sexually oriented business; or
The relocation of any sexually oriented business.
Any place where a person who appears in a state of nudity or displays specified anatomical area is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
The appearance of a person's genitals, pubic area, vulva, anus, anal cleft or cleavage or buttocks or any simulation thereof; or any portion of a female breast below the horizontal line across the top of the areola at its highest point or any simulation thereof. The definition shall include the appearance of any portion of the entire lower portion of the female breast.
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.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
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 straps or devices.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
And includes any of the following:
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated;
The fondling, erotic touching, or other such contact with an animal by a human being; or
Excretory functions as part of or in connection with any of the activities set forth in (1) through (4) above.
The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date of adoption of this chapter by the Pine Ridge Town Council.
Includes any of the following:
The sale, lease, or sublease of the business;
The transfer or securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.
C.
Permit required.
(1)
A person commits a misdemeanor if he/she operates a sexually oriented business without a valid permit and/or license issued by the Town for the particular type of business.
(2)
An application for a permit and/or license must be made on a form provided by the Town of Pine Ridge zoning department. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, including a statement of the total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(3)
The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Health Department, Fire Department, and Building Official. The Health Department, Fire Department, and Building Office shall complete their inspections and certify same to the Planning Official within 21 days of receipt of the application by said Planning Official.
(4)
If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit and/or license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit and/or license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a permit and/or license as applicant.
(5)
The fact that a person possesses other types of state or Town permits and/or licenses does not exempt that person from the requirement of obtaining a sexually oriented business permit and/or license.
D.
Issuance of permit and fee.
(1)
The Town Planning Official shall approve the issuance of a permit and/or license to an applicant within 30 days after receipt of an application unless any one or more of the following is found to be true:
(a)
An applicant is under 18 years of age.
(b)
An applicant or an applicant's spouse is overdue payment to the Town for taxes, fees, fines, or penalties assessed or imposed in relation to a sexually oriented business.
(c)
An applicant has failed to provide information reasonably necessary for issuance of the permit of has falsely answered a question or request for information on the application.
(d)
An applicant is residing with a person who has been denied a permit and/or license by the Town to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(e)
The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department, and the Building Official as being in compliance with applicable laws and ordinances.
(f)
The permit and/or license fee required by this chapter has not been paid.
(g)
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(h)
The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit and/or license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(2)
The annual fee for a sexually oriented business permit and/or license is $500.
E.
Inspection.
(1)
An application of permittee shall permit representatives of the Law Enforcement Department, Health Department, Fire Department, Zoning Department or any other Town departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(2)
A person who operates a sexually oriented business or his/her agent or employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
F.
Expiration of permit.
(1)
Each permit and/or license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 710.4.[1] Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit and/or license will not be affected.
[1]
Editor's Note: So in original.
(2)
When the Planning Official denies renewal of a permit and/or license, the applicant shall not be issued a permit and/or license for one year from the date of denial. If subsequent to denial, the Planning Official finds that the basis for denial of the renewal permit and/or license has been corrected or abated, the applicant may be granted a permit and/or license if at least 90 days have elapsed since the date of denial became final.
G.
Suspension of permit. The Planning Official may suspend a permit for a period not to exceed 30 days if it is determined that a permittee and/or licensee or an employee of a permittee and/or licensee has:
(1)
Violated, or is not in compliance with any section of this chapter;
(2)
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3)
Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter;
(4)
Knowingly permitted gambling by any person on the sexually oriented business premises.
H.
Revocation of permit.
(1)
The Planning Official shall revoke a permit if a cause for suspension in Subsection G occurs and the permit and/or license has been suspended within the preceding 12 months.
(2)
The Planning Official shall revoke a permit and/or license if it is determined that:
(a)
A permittee and/or his/her licensee knowingly gave false or misleading information in the material submitted to the zoning department during the application process;
(b)
A permittee and/or licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(c)
A permittee and/or licensee or an employee has knowingly allowed prostitution on the premise;
(d)
A permittee and/or licensee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's and/or licensee's permit and/or license was suspended;
(e)
A permittee and/or licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or license premises;
(f)
A permittee and/or licensee is delinquent in payments to the Town or state for any taxes of fees past due.
(3)
When the Planning Official revokes a permit and/or license, the revocation shall continue for one year, and the permittee and/or licensee shall not be issued a sexually oriented permit and/or license for one year from the date revocation became effective. If, subsequent to revocation, the Planning Official finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit and/or license if at least 90 days have elapsed since the date the revocation became effective.
I.
Transfer of permit. A permittee and/or licensee shall not transfer his/her permit and/or license to another, nor shall a permittee and/or licensee operate a sexually oriented business under the authority of a permit and/or license at any place other than the address designated in the application.
J.
Location of sexually oriented businesses.
(1)
A sexually oriented business may be located only within the C-1 General Commercial District.
(2)
A person commits a misdemeanor when operating or causes to be operated, a sexually oriented business outside of a designated C-1 District.
(3)
A person commits a misdemeanor when operating, or causes to be operated, a sexually oriented business within 200 feet of:
(4)
A person commits a misdemeanor if he/she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(5)
A person commits a misdemeanor if he/she causes or permits the operation, establishment or maintenance of more than one sexually oriented businesses in the same building, structure, of portion thereof, or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(6)
For the purpose of this chapter, measurement shall be made in a straight line, without regard of intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, day-care center, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.
(7)
For purposes of Subsection (4) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(8)
Any sexually oriented business lawfully operating on the date of adoption of this zoning ordinance by the Pine Ridge Town Council that is in violation of Subsection J(1) through (7) of this section shall be deemed to be a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
(9)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, day-care center residential district, or a residential lot within 200 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license, and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
K.
Additional regulations for adult motels.
(1)
Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
(2)
A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented permit and/or license, he/she rents or sublets a sleeping room to a person and, within 10 hours from the time the room is rented, he/she rents or sublets the same sleeping room again.
(3)
For purposes of this section, the terms "rent" or "sublet" mean the act of permitting a room to be occupied for any form of consideration.
L.
Regulations for exhibition of sexually explicit films or videos.
(1)
A person who operates or causes to be operated, a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(a)
Upon application for a sexually oriented permit and/or license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit and/or license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Town Planning Official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(b)
The application shall be sworn to be true and correct by the applicant.
(c)
No alteration in the configuration or location of a manager's station may be made without the prior approval of the Planning Official or his/her designee.
(d)
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(e)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(f)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection L(1)(e) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that not patron is permitted access to any area of the premises which has been designated as an area in which patrons will to be permitted in application filed pursuant to Subsection L(1)(a) of this section.
(g)
No viewing room may be occupied by more than one person at any time.
(h)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
(i)
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
M.
Exemptions. It is a defense to prosecution under Subsections D and J of this section that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school, licensed by the state of South Carolina; a college, junior college, or university supported entirely or partly by taxation;
(2)
By a private college or university which maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3)
In a structure:
(a)
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(b)
Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
(c)
Where no more than one nude model is on the premises at any one time.
N.
Injunction. A person who operates or causes to be operated a sexually oriented business without a valid permit and/or license or in violation of Section 710.10[2] of this chapter is subject to a suit for injunction as well as prosecution for criminal violation as outlined in Part 11 of this chapter.
[2]
Editor's Note: So in original.
§ 300-53 Communication tower and antenna.
A communication tower and/or antenna may be permitted as follows:
A.
Districts in which special exception and conditional uses are permitted and height limitations of freestanding or guyed towers.
(1)
In Residential Districts R-1, R-2, and R-3 and commercial districts C-1 and MU, freestanding pole with height not exceeding 100 feet is a permitted special exception pursuant to Subsection E.
(2)
In Industrial Districts LI and BI, and Development District D-1, freestanding or guyed towers with height not exceeding 200 feet are permitted conditional uses; height exceeding 200 feet requires special exception.
(3)
In planned development districts, towers with height specified in the approved plan are permitted under conditions set forth in plan.
(4)
In permissible districts, towers and/or antennas mounted on buildings, water tanks or structures other than a freestanding or guyed communication tower must not extend more than 30 feet above the highest part of the structure.
(5)
In districts in which communication towers and antennas are permitted, freestanding or guyed and/or antenna exceeding height limitations may be permitted by the Zoning Board of Appeals as a special exception. See requirements for special exceptions.
(6)
In all districts, variances from conditions imposed by this section may not be granted by the Zoning Board of Appeals. Variances from other general district regulations may be granted under standards in S.C. Code § 6-29-800.
B.
Application requirements. The applicant for a conditional use zoning permit for new construction of a communication tower or placement of a commercial telecommunication antenna on an existing structure to include any changes must file with the Planning Official an application accompanied by a fee of $250 and the following documents, if applicable:
(1)
One copy of typical specifications for proposed structures and antennas, including description of design characteristics and material;
(2)
A site plan, drawn to scale, showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property;
(3)
A current map, or update for an existing map on file, showing locations of applicant's antennas, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the Town;
(4)
A report from a structural engineer registered in South Carolina showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIAMA 222 (latest version) standards;
(5)
Identification of the owners of all antennas and equipment to be located on the site;
(6)
Written authorization from the site owner for the application;
(7)
Evidence that a valid FCC license for the proposed activity has been issued;
(8)
A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts;
(9)
A written agreement to remove the tower and/or antenna within 90 days after cessation of use;
(11)
Additional information required by the Planning Official for determination that all applicable zoning regulations are met.
C.
Conditions. Applicant must show that all applicable conditions are met.
(1)
The proposed communication tower, antenna or accessory structure will be placed in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and applicant's technical design requirements.
(2)
Applicant must show that a proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirements, without unreasonable modifications on any existing structure or tower under the control of applicant.
(3)
Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a nonresidential district for valid technical reasons.
(4)
Prior to consideration of a permit for location on private property which must be acquired, applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.
(5)
Applicant must show that a new tower is designed to accommodate additional antennas equal in number to applicant's present and future requirements.
(6)
Applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.
(7)
A communication tower must not be painted or illuminated unless otherwise provided by state or federal regulations.
(8)
A permit for a proposed tower site within 1,000 feet of an existing tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.
(9)
Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the Planning Official a written indemnification of the municipality and proof of liability insurance or financial ability to respond to claims up to $1,000,000 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipality attorney.
(10)
Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section apply.
(11)
A tower must be a minimum distance equal to one-half the height of the tower from property designated historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements or 25% of the tower height, whichever is greater.
D.
Appeal to board. Applicant may appeal to the Board of Zoning Appeals as follows:
(1)
Failure of the Planning Official to act on an application which is determined to be complete under this section within 45 days, unless extended by agreement, may be considered by applicant to be a denial of a permit which is subject to appeal to the Board of Zoning Appeals.
E.
Special exceptions. A tower, pole, or antenna may be permitted by special exception granted by the Board of Zoning Appeals after public hearing and findings of fact based on the following criteria.
(2)
If additional tower height is requested, total tower height will not exceed 125% of the maximum height permitted in the district as a conditional use or special exception.
(3)
Applicant has demonstrated that additional height above that permitted by conditional use regulations is necessary for service to occupants of an area within the municipality.
(4)
Setback requirements and such additional conditions are established by the Board as is deemed necessary to remove danger to health and safety, and to protect adjacent property.
(5)
Prior to approving a permit by special exception or on appeal from action of the Planning Official on an application for a conditional use, the Board may consult with a communication expert for technical review to determine that the standards in Subsection C(1), (2), (3), (4), (5), (7) and (8) are met.
(6)
The Telecommunications Act of 1996 requires that a denial of permit be supported by substantial evidence.
§ 300-56 Manufactured homes.
A.
Individual manufactured homes are permitted on individual lots in the Town of Pine Ridge in the R-2 and R-3 zones as conditional uses subject to the following definitions and provisions.
B. MANUFACTURED HOME MOBILE HOME MODULAR BUILDING
Definitions. As used in this section, the following terms shall have the meanings indicated:
A multi-section, transportable dwelling unit 35 or more feet in length and at least 20 feet in width, designed without a permanent foundation and capable of supporting year-round occupancy, which shall be joined into one unit at the final site of occupancy. The dwelling unit must be permanently attached to the ground once moved to its site of occupancy, and all transportable features used to move the dwelling unit must be removed. This definition is purposely intended to be more restrictive than the definition of manufactured home specified in S.C. Code § 40-29-20 (9) because the intent of Town Council is to draw a more stringent distinction between manufactured housing and mobile homes.
A structure manufactured prior to June 15, 1976 (or manufactured after June 15, 1976, but without certification of compliance with HUD standards pursuant to Title 40, Chapter 29 of the South Carolina Code of Laws), that is a movable or portable dwelling unit and that after placement or assembly for occupancy is not more than 20 feet in width. A mobile home is constructed to be towed on its own chassis consisting of a single transportable component with all features making it capable of year-round occupancy. A mobile home may or may not be permanently attached to the ground and its transportable features may or may not be removed. The term does not include prefabricated, modular, or unitized dwellings on a permanent foundation; travel trailers; campers; or similar recreation units.
Any building of closed construction (regardless of type of construction or occupancy classification) other than a mobile or manufactured home that is constructed off-site in accordance with applicable codes and transported to the point of occupancy for installation or erection. A modular building unit shall have a certification label permanently affixed to the transportable section of the structure showing that it has been approved by the S.C. Building Codes Council as meeting Southern Standard Building Code construction standards. The Town shall accord a certified modular building unit the same status as an on-site, stick-built unit constructed according to the Southern Standard Building Code. A mobile home, house trailer, camping trailer, or manufactured home is not defined as a modular building.
C.
Manufactured Homes placed in Manufactured Home Parks shall meet the requirements specified in the Town of Pine Ridge Mobile Home Park Ordinance. An existing manufactured home on an individual lot wherever located in the Town at the time of the enactment of this chapter may be replaced thereafter by a manufactured home of the same of larger square footage so long as the replacement manufactured home meets the provisions of the HUD 1976 Construction Code for manufactured homes. Mobile homes may be replaced only by manufactured homes of the same or larger size and that meet the provisions of the 1976 HUD Construction and Safety Standards for Manufactured Homes. All other provisions of this zoning ordinance relating to setbacks shall be met.
D.
Manufactured homes may be permitted as a principal dwelling unit as a principal permitted residential use in the R-2 and R-3 Zoning Districts and in clustered housing developments as conditional uses in the R-2 and R-3 Zoning Districts.
§ 300-57 Manufactured home parks.
Manufactured home parks shall meet the requirements specified in the Town of Pine Ridge Mobile Home Park Ordinance.
§ 300-60 Recreational facilities adjacent to residential uses.
Outdoor recreational facilities, which are adjacent to lots that are zoned for residential purposes, shall comply with the following standards:
A.
No swimming pool, playground, miniature golf course, ball field, or game court shall be closer than 50 feet from the property line of a lot zoned for residential purposes.
B.
No lighting shall be installed in connection with outdoor recreational facilities which are closer than 50 feet to the property line of a lot zoned for residential purposes, unless such lighting is of such a nature, as determined by the Planning Official, that it will not be a nuisance to an adjacent residential use.
C.
A solid wall or fence, or vegetative screening which furnishes equal protection against noise and light, shall be provided when determined appropriate by the Planning Official.
D.
No commercial activities shall be permitted in conjunction with recreational uses in residential zones except as listed below:
§ 300-62 Satellite dish antennas.
§ 300-63 Bed-and-breakfast inns.
Bed-and-breakfast inns shall be allowed in any residential or commercial zoning district as a special exception subject to the following conditions:
A.
Inspection and approval by the ex-officio State Fire Marshal, the Lexington County Fire Service and the Building Inspector designated by the Town of Pine Ridge.
B.
All units of rental occupancy shall meet the requirements of the Southern Standard Housing Code.
C.
If the bed-and-breakfast inn locates guest rooms above the first floor, at least two exit stairways must be provided for egress from the upper floors.
D.
Where and when structural changes to guest room walls and ceilings are to be affected, one hour or greater fire separation between guest rooms will be required.
E.
All electric convenience outlets located in bathrooms for guests must be a GFI type.
F.
Smoke detectors (HWW/BATTBU) must be installed in all guest rooms and emergency lights must be provided in the emergency egress pathway (corridor) from each guest room.
G.
Fire extinguishers must be placed as determined by the Lexington County Fire Service and the Building Inspector designated by the Town of Pine Ridge.
H.
No unvented heating devices shall be installed or used in or near guest rooms.
I.
Bed-and-breakfast inns will be subject to random compliance inspections by the Lexington County Fire Service and the Building Inspector designated by the Town of Pine Ridge.
J.
Meals may be served only to registered guests.
K.
The resident owner shall maintain a guest register to include names, addresses, and dates of occupancy of all guests.
L.
Off-street parking shall be provided by the resident owner with at least one parking space per rental unit (room, cottage, etc.)
M.
The principal use of a bed-and-breakfast dwelling shall remain residential.
N.
In residential districts, only one freestanding or one wall-mounted sign, not to exceed four square feet in area, nonilluminated, may be located on the premises of a bed-and-breakfast inn.
§ 300-64 Garage sales.
In residential districts, garage sales are permitted as an accessory use, provided that no household in Pine Ridge shall hold more than three garage sales per calendar year. Also, garage sales shall not be advertised by more than one off-site advertising sign and one on-site advertising sign.