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Pomaria City Zoning Code

ZONING DISTRICT

REGULATIONS

§ 153.067 ESTABLISHMENT OF ZONING DISTRICTS.

   The following zoning districts are hereby established.
District
Primary Uses
Minimum Residential Lot Size*
District
Primary Uses
Minimum Residential Lot Size*
Primary Zoning Districts
R2
Rural
1 acre
RS
Single-Family Residential
20,000 sq. ft.
RSV
Single-Family Residential
20,000 sq. ft.
RSM
Single-Family Residential
15,000 sq. ft.
RG
General Residential
10,000 sq. ft
LC
Limited Commercial
None
GC
General Commercial
None
IND
Industrial
None
PDD
Planned Development District
None
Overlay Districts
CPO
Corridor Protection Overlay District
None
AP
Airport Overlay District
None
* Or per applicable SC DHEC requirements
 
(Ord. 06-11-16, passed 9-21-2016)

§ 153.068 PURPOSE OF DISTRICTS.

   (A)   Generally.
      (1)   The zoning districts established in this chapter are for the purposes of guiding development in accordance with existing and future needs and promoting public health, safety, morals, convenience, order, appearance, prosperity, and general welfare, and all of the purposes set forth in S.C. Code §§ 6-29-710 et seq. This section sets forth the general purposes of the various zoning districts, however the specific regulations relating to permitted uses, conditional uses, and special exceptions are set forth in § 153.073 - Zoning District Table of Permitted uses, §§ 153.088 et seq. - Conditional Uses, and §§ 153.136 et seq. - Special Exceptions.
      (2)   The residential district regulations are designed to encourage a stable and healthy environment for residential purposes and to discourage encroachment by commercial, industrial, or other uses adversely affecting the residential character of the district. Any reference to residential districts in this chapter includes only the RS, RSV, RSM and RG districts.
   (B)   Primary zoning districts. Each primary use district serves a different purpose and imposes its own set of requirements and restrictions on the use of land in addition to the general requirements and restrictions imposed on all land or uses within the county.
      (1)   R2 - Rural District. The district is intended to be rural in nature, allowing low density residential uses including manufactured housing on individual properties, as well as home occupations, family day care, agriculture, forestry, hunting, and religious uses, but also accommodating complementary and associated uses such as recreation, government services, and appropriate service, commercial and industrial uses.
      (2)   RS - Single-Family Residential District. The RS District is intended to be residential with single-family, site-built dwellings and low population densities. Compatible uses such as home occupations, K-12 education, limited recreation, and religious uses are also allowed. Manufactured homes and businesses are not permitted.
      (3)   RSV - Single-Family Residential District. The RSV District is intended to be residential with detached single-family, site-built dwellings, typically in platted subdivisions, with low population densities. Compatible uses such as home occupations, K-12 education, limited recreation, religious uses, and limited use of recreational vehicles on a temporary basis for recreation are also allowed. Manufactured homes are not permitted.
      (4)   RSM - Single-Family Residential District. The RSM District is intended to be residential with detached single-family dwellings, including manufactured homes on individual properties, and low population densities. Compatible uses such as home occupations, K-12 education, and limited recreation and religious uses are also allowed.
      (5)   RG - General Residential District. The RG District is intended to accommodate a wide range of residential uses including detached single-family (site-built and manufactured homes), duplexes, multi-family, townhouses, and patio homes at higher population densities. Compatible uses such as home occupations, K-12 education, day care, recreation, and religious uses are also allowed. Manufactured home parks may be permitted as a special exception.
      (6)   LC - Limited Commercial District. The LC District is intended to accommodate a range of residential and lower intensity non-residential uses including office, institutional, single-family and multi-family residential, healthcare, food service, accommodations, and neighborhood commercial and service uses. The district is generally characterized by a mixture of residential and business uses along major thoroughfares.
      (7)   GC - General Commercial District. The GC District is intended to accommodate a variety of general commercial and non-residential uses characterized primarily by retail, including shopping centers; wholesale; offices; educational institutions; healthcare, including hospitals; arts and entertainment; and service establishments in commercially-oriented areas.
      (8)   IND - Industrial District. The IND District is established to accommodate a wide variety of industrial uses involving research, manufacturing, processing, assembly, warehouses, and mining.
      (9)   PDD - Planned Development District. PDDs are individually designated by Council by zoning amendment, for which an approved development plan constitutes the district regulations. The district is intended to use the factors of efficiency, economy, flexibility, creative site design, improved appearance, mixture of uses, and maximize benefits from open space, safe and efficient vehicular and pedestrian access in a development characterized by a unified site design for mixed uses. A Planned Development District must include a mixture of residential and non-residential uses, and may be proposed in any part of the county.
   (C)   Overlay Districts. Overlay districts are established to provide for certain additional requirements or to establish special development requirements for permitted uses. Where overlay districts exist and there is a conflict between the requirements specified between the overlay and the underlying (primary) district, the standards of the overlay district shall prevail. Otherwise, the standards of the underlying (primary) district shall also be in effect for any area additional zoned as an overlay district.
      (1)   CPO - Corridor Protection Overlay District. The corridor protection overlay district is designed to preserve and enhance the overall visual appearance and quality of important roadway corridors within the county in order to preserve property values, promote economic development, and protect the image of Newberry County.
      (2)   AP - Airport Land Use and Height Restriction Overlay District. The purpose of the Airport Land Use and Height Restriction Overlay District (Airport Overlay District) is to promote compatibility between airport operations and neighboring land uses and to protect public health and safety by preventing the establishment of obstructions and hazards to aircraft in the vicinity of the Newberry County Airport.
(Ord. 06-11-16, passed 9-21-2016)

§ 153.069 DISTRICT BOUNDARIES ON OFFICIAL ZONING MAP.

   The boundaries of the zoning districts established by this chapter are hereby established on a map or maps entitled official zoning map of Newberry County, SC, which map or maps is declared to be a part of this zoning ordinance.
(Ord. 06-11-16, passed 9-21-2016)

§ 153.070 OFFICIAL ZONING MAP.

   The official zoning map shall be maintained by the Zoning Administrator. All zoning district boundaries shall be clearly shown on the Zoning Map, and amendments shall be recorded as soon as practicable after adoption. The official Zoning Map shall be available for public inspection in the Office of the Zoning Administrator. The official zoning map and any amendments adopted by County Council shall constitute the final authority for determination of zoning district boundaries. It shall be unlawful for any person to make unauthorized changes to the official zoning map.
(Ord. 06-11-16, passed 9-21-2016)

§ 153.071 INTERPRETATION OF ZONING DISTRICT BOUNDARIES.

   (A)   Generally. Where uncertainty exists as to the boundaries of any zoning district, the following general rules of interpretation shall apply. It is the duty of the Zoning Administrator to interpret the location of zoning district boundaries. An appeal from an interpretation of finding of the Zoning Administrator may be taken to the Board of Zoning Appeals as specified in § 153.048(C)(6)(a).
   (B)   General rules of interpretation.
      (1)   District boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow the center lines.
      (2)   District boundaries indicated as approximately following platted property lines shall be construed as following the property lines.
      (3)   District boundaries indicated as approximately following county limits shall be construed as following the county limits.
      (4)   District boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
      (5)   District boundaries indicated as following center lines of stream beds or other bodies of water shall be construed to follow the center lines.
      (6)   Supplementary flood plain and floodway boundaries indicated as following the U.S. Army Corps of Engineers 100-year flood plain line or the floodway line shall be construed to follow such lines.
      (7)   District boundaries indicated as approximately parallel to, or extensions of, features indicated in this section shall be so construed and at the distance therefrom as indicated on the official zoning map. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
      (8)   Where a district boundary line as appearing on the official zoning map divides a lot in single ownership at the time of adoption of this chapter or subsequent amendment into 2 different zoning districts, the district least restrictive in the opinion of the owner shall be deemed to apply to the whole thereof. Provided, however, that in no case shall a zoning district boundary line dividing the lot be extended into either district in excess of 50 feet beyond the district boundary line dividing the lot.
(Ord. 06-11-16, passed 9-21-2016)

§ 153.072 LOT DIVIDED BY ZONING DISTRICT BOUNDARIES.

   No structure or accessory use may be placed, structurally altered, or have a change in use where the structure or use is or would be included within 2 or more zoning districts unless the structure or use conforms to the requirements of all applicable districts.
(Ord. 06-11-16, passed 9-21-2016)

§ 153.073 ZONING DISTRICT TABLE OF PERMITTED USES.

   (A)   Establishment of table. The uses permitted in the residential, mixed use and non-residential zoning districts established by § 153.067 are set forth in the table of permitted uses provided in division (D).
   (B)   Determination of use category.
      (1)    The North American Industry Classification System (NAICS), 2017, as amended, is the basis for determining the use of property permitted in the various zoning districts. The Zoning Administrator shall make a determination as to whether or not any proposed use is permitted within the County's zoning jurisdiction based on the uses listed in division (D) of this section. Whenever it is not clear whether a proposed use is or is not permitted, the Zoning Administrator shall consult the 2017 North American Industrial Classification System (NAICS) to help make a determination. Any use not specifically listed in this section and any proposed use not substantially similar to a listed use as determined by the Zoning Administrator after consultation with the County Administrator and County Attorney shall be deemed to be prohibited.
      (2)   Uses not listed in the NAICS codes are identified by the symbol “NA” (Not Applicable) in the NAICS column.
      (3)   Where the symbol “P” is shown, the use to which it refers is permitted as a use by right in the indicated district, provided it complies fully with all applicable development standards of this chapter.
      (4)   Where the symbol “C” is shown, the use to which it refers is conditionally permitted in the indicated district, subject to applicable conditions and requirements provided in §§ 153.088 et seq. Conditional uses are subject to all other applicable regulations of this zoning ordinance.
      (5)   Where the symbol “SE” is shown, the use to which it refers may be permitted only if reviewed and approved as a special exception, in accordance with the special exception provisions in §§ 153.136 - Special Exceptions and upon compliance with the general conditions provided in that section. Special exception uses are subject to all other applicable regulations of this zoning ordinance.
      (6)   Where a dash (-) is shown on the table, the use to which it refers is not permitted in the indicated district.
   (C)   Determination of principal use. When multiple principal uses are proposed for a development site, each principal use shall be classified separately by the Zoning Administrator and shall be subject to all applicable regulations for that use.
   (D)   Zoning district table of permitted uses.
ZONING DISTRICT TABLE OF PERMITTED USES
Description of Use
201 7 NAICS
R2
RS
RSV
RSM
RG
LC
GC
IND
C/SE Reference
ZONING DISTRICT TABLE OF PERMITTED USES
Description of Use
201 7 NAICS
R2
RS
RSV
RSM
RG
LC
GC
IND
C/SE Reference
RESIDENTIAL
Cluster Development, Single-Family
NA
C
C
C
C
C
-
-
-
Dwelling, Above Non-
residential Use
NA
C
-
-
-
-
C
C
-
Dwelling, Duplex
NA
P
-
-
-
P
P
-
-
Dwelling, Multi-Family
NA
-
-
-
-
SE
-
-
-
Dwelling, Single-Family Attached
- Patio Home
- Townhouse
NA
-
-
-
-
C
-
-
-
Dwelling, Single-Family Detached
NA
P
P
P
P
P
P
-
-
Dwelling, Zero Lot Line
NA
-
-
-
C
C
C
-
-
Equestrian Subdivision Development
NA
C
-
-
-
-
-
-
-
Manufactured Home (built after June 15, 1976) on individual property
NA
P
-
-
P
P
-
-
-
Manufactured Home Park
531190
-
-
-
-
SE
-
-
-
Mobile Home (built before June 15, 1976)
NA
-
-
-
-
-
-
-
-
Rooming and Boarding House
721310
P
-
-
-
-
P
P
-
ACCESSORY USES TO RESIDENTIAL USES
Barns, Silos, Outbuildings for Agricultural Use and Equipment
NA
P
-
-
-
-
-
-
-
Boat Dock, Private
NA
P
P
P
P
P
P
-
-
Boat Dock, Community (non-
commercial)
NA
P
P
P
P
P
P
-
-
Domestic Animal Shelters
NA
P
P
P
P
P
P
-
-
Family Day Care Home
624410
C
C
-
C
C
C
-
-
Garage Apartment, Accessory to Single-family Dwelling
NA
P
C
C
C
C
-
-
-
Garage for Motor Vehicle, Private
NA
P
P
P
P
P
P
-
-
Garden and Greenhouse, Private (non-
commercial)
NA
P
P
P
P
P
P
-
-
Home Occupation
NA
C
C
C
C
C
C
-
-
Horse Stables, Horses for Personal Recreational Use
NA
P
C
C
C
C
P
-
-
Junked Vehicle Storage
NA
C
C
C
C
C
C
C
C
Open Parking Area for 1 Commercial Motor Vehicle per DU
NA
P
-
-
P
P
P
-
-
Private Swimming Pool with Deck, Bath House or Cabana
NA
P
P
P
P
P
P
-
-
Private Tennis Court, picnic facilities, Other Outdoor Recreation
NA
P
P
P
P
P
P
-
-
Private Residential Community Recreation, Community Center, Common Area, or Storage Area (within residential community)
NA
P
P
P
P
P
P
-
-
Structure for Storage of Building or Lot Maintenance Equipment
NA
P
P
P
P
P
P
-
-
EDUCATION
College or University
6113
C
-
-
-
-
P
P
-
Community or Junior College
6112
C
-
-
-
-
P
P
-
Elementary, Intermediate or Middle School, Public and Private
6111
P
P
-
P
P
P
P
-
Kindergarten, Public and Private
6111
P
P
-
P
P
P
P
-
Other Schools and Places of Instruction
6116
C
-
-
-
-
P
P
-
Preschool
624410
P
P
-
P
P
P
P
-
Professional School
6114
C
-
-
-
-
-
P
-
High School, Public and Private
6111
P
P
-
P
P
P
P
-
Vocational, Technical and Trade School
6115
C
-
-
-
-
-
P
P
HEALTH CARE AND SOCIAL SERVICES
Ambulance and EMS Services
62191 0
C
-
-
-
-
P
P
-
Community Care and Assisted Living Facilities for the Elderly
62331 4
C
-
-
-
-
P
P
-
Day Care Centers, Child and Adult
624410
624120
C
C
-
C
C
C
C
-
Home Health Care services
6216
C
-
-
-
-
P
P
-
Hospital, General
6221
C
-
-
-
-
-
C
-
Hospital, Psychiatric and Substance Abuse
6222
C
-
-
-
-
-
C
-
Hospital, Other Specialty
6223
C
-
-
-
-
-
C
-
Laboratory, Medical and Diagnostic
6215
C
-
-
-
-
-
P
-
Nursing Home
6231
C
-
-
-
-
C
C
-
Other Ambulatory Health Care Services
6219
C
-
-
-
-
P
P
-
Outpatient Care Centers
6214
C
-
-
-
-
P
P
-
Physician, Dentist, Other Health Care Practitioner Office
6211
6212
6213
C
-
-
-
-
P
P
-
Social Services and Assistance
624
C
-
-
-
-
P
P
-
GOVERNMENT
Correctional Institution, County
922140
C
-
-
-
-
-
P
-
Correctional Institution, Other
922140
SE
-
-
-
-
-
SE
-
Executive, Legislative, General Government
921 926
C
-
-
-
-
P
P
P
Fire Services
92216 0
C
-
-
-
-
P
P
P
Judicial Building
922110
922130
C
-
-
-
-
P
P
P
Police Services
922120
C
-
-
-
-
P
P
P
Post Office
491
P
-
-
-
-
P
P
P
ARTS, ENTERTAINMENT AND RECREATION
Amusement Arcade
713120
-
-
-
-
-
-
P
-
Amusement Ride
713990
-
-
-
-
-
-
P
-
Art Gallery
712110
-
-
-
-
-
P
P
-
Artists, Writers and Performers
7115
-
-
-
-
-
P
P
-
Ball Field
713990
P
-
-
-
-
-
-
-
Botanical Garden
712130
P
-
-
-
-
P
P
-
Bowling Center
713950
-
-
-
-
-
-
P
-
Campground & RV Parks, Commercial
7212
SE
-
-
-
-
-
-
-
Dance Studio
713990
C
-
-
-
-
P
P
-
Driving Range, Standalone
713990
P
-
-
-
-
-
-
-
Fairs
711310
C
-
-
-
-
-
-
C
Fishing, Hunting and Trapping
114
P
-
-
-
-
-
-
Fitness and Recreational Sports Center
713940
C
-
-
-
-
-
P
-
Golf Course
713910
P
P
P
P
P
-
-
-
Hunting Preserve
114210
P
-
-
-
-
-
-
-
Marina, Public
713930
P
-
-
-
-
-
C
-
Miniature Golf
713990
C
-
-
-
-
-
P
-
Museum
712110
C
-
-
-
-
-
P
-
Nature Park
712190
P
-
-
-
-
P
P
-
Park with Playground
713990
P
P
P
P
P
-
-
-
Park and Recreation Facilities
713940
713990
P
-
-
-
-
-
-
-
Performing Arts Facilities
7111
-
-
-
-
-
-
SE
-
Racetracks
711212
SE
-
-
-
-
-
-
SE
Recreational Day Camp
611620
C
-
-
-
-
-
-
-
Shooting or Archery Range
713990
C
-
-
-
-
-
-
-
Spectator Sport Complex
71121
SE
-
-
-
-
-
-
SE
Stadium
711310
-
-
-
-
-
-
-
SE
Swimming
713940
P
P
P
P
P
P
-
-
Tennis
713940
P
P
P
P
P
P
-
-
Zoo
712130
SE
-
-
-
-
-
-
SE
RELIGIOUS AND RELATED USES
Educational Building, Religious (not including Preschool, School or Daycare uses)
8131
P
P
P
P
P
P
P
-
Parsonage or Parish House, Accessory to Religious Use
NA
P
-
-
-
-
P
P
-
Places of Worship
8131
P
P
P
P
P
P
P
P
Recreation Facility, Accessory to Religious Use
8131
P
-
-
-
-
P
P
-
Religious Organizations
8131
P
P
P
P
P
P
P
-
CIVIL AND SOCIAL ORGANIZATIONS
Clubs, Civic and Social
8134
-
C
-
-
-
-
P
-
Clubs, Civic and Social - no alcohol sales
8134
P
-
-
-
-
P
P
-
ACCOMMODATION AND FOOD SERVICES
Bed & Breakfast Inn
721191
C
-
-
-
-
P
P
-
Brewpub
7225
312120
C
-
-
-
-
P
P
-
Drinking Places, Bars
7224
C
-
-
-
-
P
P
-
Hotels and Motels
72111
C
-
-
-
-
-
P
-
Mobile Food Trucks and Trailers
722330
C
-
-
-
-
C
C
C
Restaurant and other eating places
7225
C
-
-
-
-
P
P
-
Special Food Service
7223
C
-
-
-
-
P
P
-
OTHER SERVICES
Administrative and Support Services
561
C
-
-
-
-
P
P
-
Automotive Service, Repair and Maintenance
8111
C
-
-
-
-
P
P
-
Car Wash
811192
C
-
-
-
-
P
P
-
Carpet and Upholstery Cleaning
561740
C
-
-
-
-
P
P
-
Cemetery
812220
C
-
-
-
-
C
-
-
Dry Cleaning and Laundry
8123
C
-
-
-
-
P
P
-
Funeral Home, Crematories
812210
812220
C
-
-
-
-
P
P
-
Grant Making and Giving Services
8132
C
-
-
-
-
P
P
-
Kennel, Other Pet Care Services
812910
C
-
-
-
-
C
C
-
Landscaping Service
561730
C
-
-
-
-
-
-
-
Large Animal Processing
311611
C
-
-
-
-
-
-
-
Personal Care Services (including Barber & Beauty shops, Nail Salons, Day Spas), excluding Tattoo Parlors and Sexually Oriented Businesses (NAICS 812199)
8121
C
-
-
-
-
P
P
-
Repair, Electronic and Precision Equipment, Commercial and Industrial Machinery and Equipment
8112
8113
C
-
-
-
-
P
P
-
Repair, Personal and Household Goods
8114
C
-
-
-
-
P
P
-
Sexually Oriented Business
812199
-
-
-
-
-
-
SE
-
Social Advocacy, Business, Professional and Similar Organizations
8133
8139
C
-
-
-
-
P
P
-
Tattoo or Body Piercing Establishment
812199
-
-
-
-
-
-
P
-
Taxidermy
711510
C
-
-
-
-
-
C
-
Wedding Event Venue
812990
C
-
-
-
-
-
-
-
COMMERCIAL - RETAIL
Automotive Parts, Accessories and Tire Stores
4413
C
-
-
-
-
-
P
-
Bakery
445291
C
-
-
-
-
P
P
-
Beer, Wine and Liquor Store
4453
C
-
-
-
-
-
P
-
Building Materials and Supplies
4441
C
-
-
-
-
-
P
-
Clothing and Accessories Store
448
C
-
-
-
-
P
P
-
Convenience Store with fuel pumps
447110
C
-
-
-
-
P
P
-
Convenience store, without fuel pumps
445120
C
-
-
-
-
P
P
-
Courier Services
492
C
-
-
-
-
P
P
P
Furniture, Home Furnishings, Electronics, Appliance Store
442
443
C
-
-
-
-
P
P
-
Gasoline Station, without convenience store
447190
C
-
-
-
-
P
P
-
General Merchandise Stores
452
C
-
-
-
-
P
P
-
Grocery and Beverage Store
445
C
-
-
-
-
P
P
-
Health and Personal Care Store
446
C
-
-
-
-
P
P
-
Jewelry Store
448310
C
-
-
-
-
P
P
-
Manufactured Home Dealer
453930
C
-
-
-
-
-
P
-
Mini-warehouse and Commercial Personal Storage
531130
C
-
-
-
-
-
C
C
Motor Vehicle Dealers
4411
4412
C
-
-
-
-
-
P
-
Non-store Retailers
454
C
-
-
-
-
P
P
-
Nursery, Lawn/Garden Equipment and Supplies, Farm Supplies
4442
C
-
-
-
-
P
P
-
Roadside Fruit and Vegetable Markets
445230
P
-
-
-
-
P
P
-
Sporting Goods, Hobby, Music, Book Store
451
C
-
-
-
-
P
P
-
Store Retailers, Other Miscellaneous (excluding NAICS 453930 - Manufactured Home Dealer)
453
C
-
-
-
-
P
P
-
Vending Machine Operators
4542
C
-
-
-
-
P
P
-
COMMERCIAL - WHOLESALE
Chemical and Allied Products, Wholesale
424690
-
-
-
-
-
-
-
SE
Durable and Nondurable Goods, Wholesale Trade (excluding NAICS 424690, 42393, 424710, 423140)
42
C
-
-
-
-
-
P
-
Petroleum Bulk Stations and Terminals, Wholesale
424710
-
-
-
-
-
-
-
SE
Salvage and Scrap Operations; Recyclable Materials Merchant, Wholesale; Used Motor Vehicles Parts, Wholesale; Junkyards
42393 0
423140
SE
-
-
-
-
-
-
SE
INFORMATION
Broadcasting and Telecommunication (except NAICS 5172 communications towers)
515
517
C
-
-
-
-
P
P
-
Information and Data Processing
518
519
C
-
-
-
-
P
P
-
Motion Picture Production (except 512131 and 512132)
5121
C
-
-
-
-
-
-
P
Movie Theater (not drive-in)
512131
C
-
-
-
-
P
P
-
Movie Theater (drive-in)
512132
SE
-
-
-
-
-
-
-
Newspaper and Software Communications and publishing
511
C
-
-
-
-
P
P
P
Communication Tower, Cell and Antennas
517312
C
SE
SE
SE
SE
C
C
C
PROFESSIONAL AND OFFICE
Contractors, All Types
23
C
-
-
-
-
-
-
P
Finance and Insurance
52
C
-
-
-
-
P
P
-
Pawn Shops
531
C
-
-
-
-
P
P
-
Professional, Scientific and Technical Services and Offices (excluding NAICS 54194 Veterinary Services)
54
C
-
-
-
-
P
P
-
Real Estate, Sales and Leasing
531
C
-
-
-
-
P
P
-
Rental and Leasing
532
C
-
-
-
-
P
P
-
Veterinary Services
541940
C
-
-
-
-
C
C
-
INDUSTRIAL - PROCESSING, MANUFACTURING, WAREHOUSING, DISTRIBUTION
Fuel dealer
454310
-
-
-
-
-
-
-
P
Manufacturing, Limited, combination of structures is 3,000 sq. ft. or less
3112, 3114, 3115, 3118, 3119, 3121, 315, 3162, 3169, 323, 327110, 327999, 332, 333314, 334, 336991, 337, 339
C
-
-
-
-
-
-
P
Manufacturing, Limited, combination of structures exceeds 3,000 sq. ft.
3112, 3114, 3115, 3118, 3119, 3121, 315, 3162, 3169, 323, 32711, 327999, 332, 333314, 334, 336991, 337, 339
SE
-
-
-
-
-
-
P
Manufacturing, All Types (excluding NAICS 324 and 32592)
31, 32, 33
-
-
-
-
-
-
-
P
Manufacturing, Petroleum & Coal Products
324
-
-
-
-
-
-
-
SE
Manufacturing, Explosives
325920
-
-
-
-
-
-
-
SE
Warehousing and Storage
493
C
-
-
-
-
-
C
P
TRANSPORTATION
Air Transportation, Public (including NAICS 48111 Air Traffic Control)
4811
-
-
-
-
-
-
-
C
Air Transportation, Private (including associated hangers and runways)
48121
C
-
-
-
-
-
-
C
Air Transportation Support
4881
-
-
-
-
-
-
-
C
Bus and Rail Terminals
488490
488210
-
-
-
-
-
-
C
P
Transit and Ground Passenger Transportation
485
-
-
-
-
-
-
P
P
Transportation Support Activities (excluding NAICS 4881, 488490, 488210)
488
C
-
-
-
-
-
P
P
UTILITIES AND INFRASTRUCTURE
Compost Facilities
562219
C
-
-
-
-
-
-
-
Electric Power Generation, not including solar farm (NAICS 221114)
22111
C
-
-
-
-
-
-
P
Landfill, Class One and Two
562212
SE
-
-
-
-
-
-
-
Renewable Power Generation, Non-commercial, not including solar farm (NAICS 221114)
NA
C
-
-
-
-
-
-
P
Sewage Treatment Facilities
22132
C
-
-
-
-
-
-
P
Solar Farm
221114
SE
-
-
-
-
-
-
C
Waste Management and Remediation Services (excluding NAICS 562212)
562
SE
-
-
-
-
-
-
P
Water Tower
221310
P
-
-
-
-
-
-
P
Water Treatment Plants
221310
C
-
-
-
-
-
-
P
Utility, Public Utility Office or Operations Center only
22
C
-
-
-
-
P
P
-
NATURAL RESOURCES - AGRICULTURE, FORESTRY, MINING/EXTRACTIVE
Agricultural and Forestry Support Activities
115
P
-
-
-
-
-
-
-
Agriculture, Related Structures
111
112
P
-
-
-
-
-
-
-
Animal Production (except as otherwise listed)
112
P
-
-
-
-
-
-
-
Animal Slaughtering, not including poultry
311611
SE
-
-
-
-
-
-
-
Concentrated Animal Feeding Operations, all except Swine
112
112112
1123
C
-
-
-
-
-
-
-
Concentrated Animal Feeding Operations, Swine
1122
SE
-
-
-
-
-
-
-
Aquaculture
1125
P
-
-
-
-
-
-
-
Auctions, Livestock Wholesale
424520
424590
SE
-
-
-
-
-
-
-
Cattle Ranching and Farming
112111
P
-
-
-
-
-
-
-
Crop Production
111
P
-
-
-
-
-
-
P
Horses and Other Equine Production
112920
P
-
-
-
-
-
-
-
Farmer's Markets per DHEC
445230
P
-
-
-
-
-
-
-
Forestry and Logging
113
P
-
-
-
-
-
-
P
Mining
212
SE
-
-
-
-
-
-
SE
Mining Support Activities
213
SE
-
-
-
-
-
-
SE
Nursery and Tree Production (including retail of plants grown on and offsite and associated compatible products)
111421
P
-
-
-
-
-
-
-
Poultry Hatcheries
112340
P
-
-
-
-
-
-
-
ACCESSORY USES TO NON-RESIDENTIAL USES
Agritourism as defined in the S.C. Code of Laws, Accessory to Agricultural Uses
NA
P
-
-
-
-
-
-
-
Completely Enclosed Building for Storage of Supplies or Merchandise for Use in the Principal Business or Industry
NA
P
-
-
-
-
P
P
P
Helipad, Accessory to Commercial and Industrial Uses
488119
C
-
-
-
-
-
C
C
Housing, Accessory to Agricultural Use
NA
C
-
-
-
-
-
-
-
Junked Vehicle Storage
NA
C
C
C
C
C
C
C
C
Open Outdoor Storage
NA
C
-
-
-
-
C
C
C
Shed for Storage of Building or Lot Maintenance Equipment for Nonresidential use
NA
P
-
-
-
-
P
P
P
Solar Farm, Accessory Use
221114
-
-
-
-
-
-
-
C
Storage, Transport Container
NA
C
-
-
-
-
-
C
P
TEMPORARY USES
Contractor office and equipment shed - temporary
23
C
C
C
C
C
C
C
C
Manufactured Home, Emergency Housing
NA
C
C
C
C
C
-
-
-
Manufactured Home, Temporary Assistance
NA
SE
SE
SE
SE
SE
-
-
-
Manufactured Home, Temporary during Construction
NA
C
C
C
C
C
-
-
-
Portable On-demand Container (POD), as Temporary Storage
NA
C
C
C
C
C
C
C
C
Recreational Vehicle, as Temporary Accommodation
NA
C
-
C
-
-
-
-
-
Recreational Vehicle, for Recreational Use Only
NA
P
P
-
P
P
-
-
-
P = Permitted C = Conditional SE = Special Exception Dash (-) = Not Permitted
 
(Ord. 06-11-16, passed 9-21-2016; Am. Ord. 12-23-18, passed 2-6-2019; Am. Ord. 11-25-2022, passed 12-7-2022)

§ 153.074 PDD - PLANNED DEVELOPMENT DISTRICTS.

   (A)   Planned Development Districts.
      (1)   Planned development districts shall permit a mixture of different types of housing with compatible commercial uses, shopping centers, office parks and other mixed use developments.
      (2)   Flexibility in design, character, and quality of development and preservation of natural and scenic features are made possible through the approval of a plan which describes the specific uses, densities, setbacks, and other requirements for a planned development district.
      (3)   The approved plan shall constitute the district regulations for a particular planned development district.
   (B)   PDD Requirements. The following regulations shall apply in all PDD districts. Whenever there is a conflict between these regulations and any other regulations in this chapter, the most stringent shall prevail.
      (1)   Permitted uses in PDDs. Any combination (mix) of uses meeting the objectives of this section may be established in a PDD upon review and approval by the Planning Commission and County Council. Once approved, these uses and no others shall be permitted. Said uses shall be identified as listed per § 153.073(D) - Zoning District Table of Permitted Uses. The list of approved uses shall be binding on the applicant and any successor in title, so long as PDD zoning applies to the land, unless otherwise amended by chapter.
      (2)   Mixture of uses required. For PDDs that are or are planned to be primarily residential, a minimum of 10% of the total gross area of the PDD must be reserved for office, retail, service, live-work units and other non-residential uses that serve the needs of project residents and others in the vicinity of the development. For PDDs that exist or are planned to be primarily non-residential, a minimum of 10% of the total gross area of the PDD must be reserved for residential uses.
      (3)   Establishment of PDD Districts.
         (a)   PDDs shall be established on the official zoning map by the same procedure as for amendments generally as provided in § 153.054 and in accordance with the requirements of this section.
         (b)   The developer/applicant shall arrange for preliminary meetings with the Zoning Administrator prior to submitting an application for rezoning.
         (c)   The Planning Commission will review the conceptual plan and text to ensure conformity with this section and applicable requirements of the Newberry County Subdivision Regulations, Chapter 154; to consider the comments of the staff review; and to obtain and consider public comments concerning the proposed PDD.
         (d)   Upon approval by County Council, the conceptual plan along with all supporting documentation and text shall constitute the PDD ordinance.
      (4)   Infrastructure. The developer is authorized to begin construction of streets and infrastructure following verification that the preliminary plat complies with all requirements specified by County Council, the Planning Commission, SC DHEC, Chapter 154 - Subdivision Regulations, and other approved conditions including recording of restrictive covenants.
      (5)   Plat approval. Preliminary and final plat approval shall also comply with Chapter 154 - Subdivision Regulations.
      (6)   Mapping. Each PDD shall be identified on the zoning map and in the zoning ordinance by a prefix and number indicating the particular district, as for example “PDD-1,” together with whatever other identification appears appropriate.
      (7)   Conceptual plan and text requirements.
         (a)   A conceptual plan meeting the requirements for site plans contained in § 153.049(D) - Application requirements for permits shall be submitted along with a conceptual land use plan for the entire site. A complete application shall also include the following:
            1.   Additional site plan information provided to scale including: topography, vegetation, drainage, flood plains, wetlands, waterways, landscaping, open spaces, walkways, means of ingress and egress, vehicular circulation, utility services, structures and buildings, signs and lighting, berms, buffers, setbacks, screening devices, surrounding development, and any other information that may reasonably be required for review.
            2.   Proposed restrictive covenants and property owners' association documents to be recorded to ensure the establishment of any property owners association required to maintain common areas and to verify that no conflicts exist between the requirements of the PDD and those contained within the restrictive covenants. Notwithstanding this provision, Newberry County has no authority or responsibility to enforce deed restrictions.
            3.   A preliminary development schedule for the completion of roads, infrastructure, buffer yards, and any other proposed improvements for general use.
         (b)   The Planning Commission may establish additional requirements for conceptual plan approval and, in special cases, may waive a particular requirement if, in the opinion of the Planning Commission, the inclusion of that requirement is not essential to a proper assessment of the project.
      (8)   Minimum area required. Minimum area requirements for establishing a PDD shall be 10 contiguous acres in all districts.
      (9)   Development standards.
         (a)   Density and height requirements. Residential density, setbacks, impervious surface ratios, and building heights shall be based on the scale of the project in relation to its surroundings and its impact on existing and proposed support facilities. A 20-foot setback will be required along the perimeter of all property lines. The setback from any existing street shall be the lesser of 35 feet or the average setback of existing adjacent houses that front on the same street within 100 feet in either direction of the proposed building. Maximum density is 8 units per acre. Maximum impervious surface ratio is 70%.
         (b)   Overall site design. The overall site design shall be consistent and compatible with adopted plans and policies for the area in which the project is located and with adjacent residential neighborhoods and coordinated with existing infrastructure such as roads and sidewalks.
         (c)   Parking and loading. Off-street parking and loading spaces for each PDD shall comply with the requirements of §§ 153.197 et seq. - Parking and Loading Regulations, as applicable, for the various uses proposed for the PDD. Dense development may require supplemental parking areas or wider streets to allow on-street parking in addition to off-street parking requirements.
         (d)   Buffers. A buffer area at least 20 feet in width shall be provided along the exterior perimeter property line. Buffers are not required in the interior of the PDD.
         (e)   Streets and infrastructure. Streets within a PDD must meet the design and construction standards required by the Subdivision Regulations in Chapter 154 of the Newberry County Code of Ordinances.
         (f)   Signage. Signage permitted shall be consistent, appropriately scaled and aesthetically compatible with the proposed PDD and shall comply with the requirements of §§ 153.213 et seq. - Sign Regulations.
         (g)   Open space. The site design shall include designated common open space at a percentage appropriate for the size and configuration of the development. Such open space shall comply with the requirements of § 153.185 - Open Space.
      (10)   Financial guarantees. Where public improvements and/or common amenities or infrastructure are proposed, such improvements shall be installed in accordance with a development schedule to be approved as part of the PDD Plan and designed to specifications as required by Chapter 154 Subdivision Regulations. Whenever a land subdivision, as regulated by Chapter 154, is required to implement a PDD, a preliminary plat shall be prepared for review that conforms to all of the requirements of the PDD approval, including the approved conceptual plan and development schedule. No development shall take place onsite until such plat has been approved by the county.
      (11)   Administrative action. Building and zoning permits shall not be issued until the PDD is approved by County Council, and approved plats, the approved plan, and all required restrictive covenants are filed for record with the Clerk of Court for Newberry County, and all required bonds are posted with the Clerk to Council.
      (12)   Changes in approved PDD plans. Except as provided below, approved PDD plans shall be binding on the owner and any successor in title.
         (a)   Minor changes. Changes proposed in writing by the applicant which do not alter district boundaries and which involve revision or minor characteristics of the PDD such as revision of floor plans, facades, landscaping, drainage structures, and features which do not substantially alter the approved plan concept, anticipated offsite impacts, or violate any applicable regulations may be approved by the Zoning Administrator. The authority given to the Zoning Administrator to grant such minor changes shall be construed to be permissive and not mandatory and the Zoning Administrator may decline to allow such change. In the event this occurs, the applicant shall have the right to request a major change to the PDD as stipulated in division (b) below.
         (b)   Major changes. Changes proposed in writing by the applicant which alter district boundaries or which substantially alter the characteristics of the PDD shall be submitted under normal zoning amendment procedures applicable to establishment of the PDD.
      (13)   Expiration of time limits on PDD Amendments. The final approved plan for a PDD shall be in effect for a period of 2 years or other specified development schedule. The owner of an approved PDD may apply in writing before the end of the 2-year approval period or other specified development schedule to the Newberry County Planning Commission for an annual 1-year extension. The Planning Commission may approve applications for up to 5 annual extensions of the approval period if a timely and proper written application has been filed with the Planning Commission. If no such application is made, the approval period or extension shall expire at the end of the approval or extension period.
      (14)   Failure to begin; failure to progress; failure to complete. If the responsible party fails to begin, fails to progress, or fails to complete development as agreed in the descriptive statement, County Council may charge the developer with violation of the zoning ordinance, may rezone the property, or may take any combination of these actions. In any event, if the planned development is not initiated within 2 years of its establishment, the Planning Commission shall initiate the rezoning of the property to an appropriate district classification in conformity with the comprehensive plan.
(Ord. 06-11-16, passed 9-21-2016)

§ 153.075 OVERLAY DISTRICTS.

   (A)   Requirements. The requirements of this section shall apply to the following districts established by § 153.067.
      (1)   CPO. Corridor Protection Overlay District.
      (2)   AP. Airport Height and Land Use Protection Overlay District (Airport Overlay District).
   (B)   Establishment. Overlay districts shall be established on the official zoning map by the same procedure as amendments generally, as provided in § 153.054 by defining the boundaries of each district.
   (C)   Permitted uses. Within overlay districts, permitted uses are determined by the “underlying” or primary zoning district. Where such districts overlay a Residential Zoning District, for example, only those uses permitted in the Residential Zoning District shall be permitted in the overlay district, subject to the additional requirements and standards of this section.
   (D)   Corridor Protection Overlay District (CPO). The corridor protection overlay district is designed to preserve and enhance the overall visual appearance and quality of important roadway corridors within the county in order to preserve property values, promote economic development, and protect the image of Newberry County. All regulations and requirements in the underlying zoning districts still apply within the overlay district except that the following uses shall be prohibited: junkyards, landfills, salvage and scrap operations, outdoor storage of any number of junked vehicles, CAFOs, manufactured home parks, commercial campgrounds and RV parks, communications towers, and sexually-oriented businesses. Landscaped road buffers along all road corridors in the CPO are required for new and expanded industrial and commercial uses and large subdivisions as provided in § 153.182 - Buffers and § 153.184 - Landscaping.
   (E)   Airport Height and Land Use Protection Overlay District (AP). The Newberry County Airport Height and Land Use Protection Overlay District (Airport Overlay District) establishes height and land use requirements for airport safety within the vicinity of the Newberry County Airport and provides for the administration, enforcement and amendment thereof.
      (1)   Authority. These provisions are adopted under authority granted by S.C. Code §§ 55-9-240 and 55-9-260.
      (2)   Jurisdiction. This chapter shall be applicable to the area designated within Newberry County in the vicinity of the Newberry County Airport. Graphic representation of the designated area and the requirements of the Airport Land Use and Height Restriction Overlay Zone may be reviewed at the Newberry County Planning and Zoning Department.
      (3)   Phrases and abbreviations. The following phrases and abbreviations pertaining specifically to the regulation of height and land use in the Newberry County Airport Height and Land Use Protection Overlay District shall have the meanings respectively ascribed to them by this division.
         AIRPORT. The Newberry County Airport (EOE).
         AIRPORT COMMISSION. The Newberry County Airport Commission.
         AIRPORT ELEVATION. The highest point of an airport's usable landing area measured in feet (tenths) from mean sea level.
         AIRPORT OBSTRUCTION. means any living or man-made structure or tree which obstructs the aerial approaches of the airport exceeding the maximum height of structures permitted in the airport operation area or is otherwise hazardous to its use for landing or taking off.
         AIRPORT OPERATION AREA. Refers to all zones established in the Airport Overlay District.
         AIRPORT OVERLAY DISTRICT. The Newberry County Airport Height and Land Use Protection Overlay District.
         AVIGATION EASEMENT. Ownership of the right of imposition upon such property of overflight, excessive noise, vibration, smoke, dust, vapors, and particulates due to the operation of aircraft to and from the airport. Also includes the right to remove airport obstructions on said property.
         CONDITIONAL USE. The associated land use groups are at a level of intensity or density, or location, which is not considered to present a significant risk to the safety of persons on the ground or to persons in aircraft over flying the proposed use, contingent upon attainment of conditions presented (refer to ‘C’ Conditional Uses in the Airport Overlay District Land Use Matrix Table).
         DIMENSIONAL NONCONFORMITY. A situation that occurs when the lot line does not conform to the regulations applicable to the zone in which the property is located.
         FAA. The Federal Aviation Administration.
         FAR. Federal Aviation Regulation.
         HEIGHT. The vertical distance from the ground elevation to the highest point of a structure or tree, including any appurtenance thereon expressed as feet.
         HEIGHT LIMITATIONS. No structure or tree shall be erected, altered, allowed to grow or maintained in any airport surface zone, with a height in excess of the height established for such zone. An area located in more than 1 of the Airport Overlay District zones is considered to be only in the zone with the more restrictive height limitation.
         LAND USE COMPATIBILITY. The use of land adjacent to the Newberry County Airport that does not endanger the health, safety, or welfare of the owners' occupants, or users of the land.
         OPEN SPACE. An area, land or water, generally lacking in man-made structures and reserved for enjoyment in its unaltered state.
         PERMITTED USE. The associated land use groups are at a level of intensity or density, or location, which is not considered to present a significant risk to the safety of persons on the ground or to persons in aircraft over flying the proposed use (refer to ‘P’ Permitted Uses in Airport Overlay District Land Use Matrix Table).
         PRECISION INSTRUMENT RUNWAY. A runway end having instrument approach procedure utilizing air navigation facilities with horizontal and vertical guidance, or area type navigation equipment, for which a straight-in precision instrument approach procedure has been approved or planned.
         PROHIBITED USE. The associated land use groups are at a level of intensity or density, or location, which presents a significant risk to the safety of persons on the ground or to persons in aircraft over flying the proposed use (refer to Uses Not Permitted ‘Dash (-)’ in Airport Overlay District Land Use Matrix Table).
         RUNWAY END. Existing physical end of the hard-surfaced asphalt runway, having a defined coordinate and elevation.
         STRUCTURE. Any object, constructed or installed by human labor, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.
      (4)   Height restrictions and limitations.
         (a)   Height restriction zones established. In order to carry out this chapter, certain zones are hereby created and established by FAR Part 77, which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surface, and conical surface as they apply to the Newberry County Airport, for the existing runway configurations as per the Airport Layout Plan approved by the FAA on June, 15 2012. Graphic representation of these zones is provided as designated in § 153.075(E)(2). An area located in more than 1 of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones, for both the existing and ultimate runway configurations, are hereby established and defined as follows:
            1.   Part 77 airspace zones:
               A.   Approach zones. The approach zones are the areas beneath the Part 77 approach surfaces, as defined by 14 C.F.R. Part 77, § 77.19(d), or in successor federal regulations.
               B.   Primary zone. The primary zone is that area of the primary surface, as defined by 14 C.F.R. Part 77, § 77.19(c), or in successor Federal regulations.
               C.   Transitional zones. The transitional zones are the areas beneath the Part 77 transitional surfaces, as defined by 14 C.F.R. Part 77, § 77.19(e), or in successor federal regulations.
               D.   Horizontal zone. The horizontal zone is the area beneath the Part 77 horizontal surfaces, as defined by 14 C.F.R. Part 77, § 77.19(a), or in successor Federal regulations.
               E.   Conical zone. The conical zone is the areas beneath the Part 77 conical surfaces, as defined by 14 C.F.R. Part 77, § 77.19(b), or in successor federal regulations.
         (b)   Height limitations. No structure or tree shall be erected, altered, allowed to grow or maintained in the height restriction zones to a height in excess of the height limit as determined by the airspace surface limitations, including dimensional and slope definitions, appearing on the maps referred to in Section 50 of this Document. The property owner of a tree, determined to be an airport hazard, shall be responsible for bringing such tree into conformance with this chapter.
      (5)   Land use restrictions and limitations.
         (a)   Land use restriction zones established. In order to carry out the requirements of this Airport Overlay District, certain zones are hereby created and established, which include land lying beneath the Airport Land Use Restriction Zones as they apply to the Newberry County Airport. Graphical representation of these zones is provided as designated in § 153.075(E)(2). An area located in more than 1 of the zones described herein is considered to be only in the zone with the more restrictive limitation. There are hereby created and established the following Airport Land Use Restriction Zones:
            1.   Zone A. Zone A is the Runway Protection Zone, as defined in the FAA Advisory Circular 150/5300-13A, Section 310, or in successor FAA advisory circulars.
            2.   Zone B1. Zone B1 is that portion of the Approach Zone, from the outer edge of Zone A to where each approach surface is 150 feet of height above their respective runway end elevations.
            3.   Zone B2. Zone B2 is that portion of the Approach Zone, from the outer edge of Zone B1 to the end of the Approach Zone, or 10,000 feet from inner edge of the Approach Zone, whichever it reaches first.
            4.   Zone C. Zone C is formed by offsetting the primary surface edge outward by 1,050 feet, and extending each of its ends to its respective runway end's approach zone, or extended and squared off at the outer edge of Zone B1, whichever that extension reaches first.
            5.   Zone D. Zone D is those areas of the Transitional and Horizontal Zones not part of Zones A, B1, B2, or C.
            6.   Zone E. Zone E is identical in area, dimensions, and location to the Conical Zone. Each zone is defined geographically for both the existing and ultimate runway configurations, as per the FAA-approved Airport Layout Plan dated June 15, 2012, and the zones are composited into the single Airport Land Use Restriction Zones map such that the most restrictive zone and criteria are applied. The order of the zones from most restrictive to least is A, B1, C, B2, D, and E.
         (b)   Land use limitations. Such applicable land use limitations are hereby established for each of the Airport Land Use Restriction Zones in order to prevent incompatible land uses which would compromise aeronautical activity at the Newberry County Airport, to protect people and property on the ground in case of an accident, to limit population and building density in the runway approach areas, to create sufficient open space, and to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Newberry County Airport, and minimize injury to the occupants of aircraft involved in accidents. The land use limitations within Zones A, B1, B2, C, D, and E as provided in § 153.075(E)(5)(c) Newberry County Airport Overlay District Land Use Matrix Table shall apply to those portions of the parcel contained within the underlying Airport Overlay District zones as indicated on the attached Newberry County Airport Land Use Restriction Zones Map.
         (c)   Newberry County Airport Overlay District Land use Matrix Table. Refer to § 153.075(E)(5)(d) for conditional uses as referenced in this table.
Newberry County Airport Overlay District - Land Use Matrix Table
Airport Land Use Restriction Zone Designation
Zone A
Zone B1
Zone B2
Zone C
Zone D
Zone E
Newberry County Airport Overlay District - Land Use Matrix Table
Airport Land Use Restriction Zone Designation
Zone A
Zone B1
Zone B2
Zone C
Zone D
Zone E
RESIDENTIAL
Dwelling, Single-Family Detached
-
-
C7
-
C7
P
All Other Dwellings, including Temporary Housing
-
-
-
-
C2, C6, C7
P
PUBLIC FACILITIES - INSTITUTIONS, UTILITIES
Auditorium, Civic-Use Convention Center, Concert Hall
-
-
-
-
C1, C2
P
Cemeteries
-
P
P
-
P
P
Churches, Day Care Centers, Libraries, Museums, Social/Civic Clubs
-
-
-
-
C1, C2
P
Convalescent Facilities, Group Homes, Nursing Homes
-
-
-
-
C2, C6, C7
P
Correctional Facilities, Hospitals, Schools
-
-
-
-
C1, C2
P
Electric Power Plants and Overhead Transmission Lines
-
C1, C2
C1, C2
-
C1, C2
C1, C2
Public Utilities (Excludes Electric Power Plants, Lines)
-
C1, C2
C1, C2
-
C1, C2
C1, C2
Recycling, Solid Waste Transfer Stations
-
C2, C3
C2, C5
C2
C2
C2
Solid-Hazardous Waste, Landfills (excludes Transfer Stations)
-
-
-
-
-
-
RECREATION AND ENTERTAINMENT
Amusement Parks, Carnivals, Fairs, Outdoor Theaters
-
-
-
-
C6
P
Arcades, Bowling Alleys, Dance and Pool Halls, Skating Rinks
-
-
C5
-
C6
P
Athletic fields, Parks, Picnic Areas, Playgrounds
-
-
-
-
C1, C2
P
Golf Courses, Tennis Courts
-
-
P
-
P
P
Gyms, Health Spas
-
-
C5
-
C6
P
Swimming Pools, Water Park, Water Slides
-
-
P
-
P
P
COMMERCIAL - BUSINESS, RETAIL, SERVICES, OFFICES
Aeronautical Businesses
-
-
P
P
P
P
Animal Hospital, Kennels, Pet Boarding, Veterinary Clinic
-
C3
C5
-
P
P
Appliance and Equipment Repair Facilities, Vehicle Wash
-
C3
C5
C4
P
P
Banks, Financial Institutions
-
-
C5
-
C6
P
Bed and Breakfast, Hotels, Motels
-
-
C4
-
C6
P
Broadcast Studios
-
-
P
-
P
P
Building & Lumber Materials, Vehicle Sales
-
-
C5
-
P
P
Camping Areas, RV Parks
-
-
C4
-
P
P
Convenient Stores, General Retail Stores/Complexes, Restaurants
-
-
P
-
P
P
Food and/or Beverage Sales
-
-
C5
-
P
P
Gasoline Service Stations
-
-
P
-
P
P
General Offices, Executive Offices, Research Facilities
-
C3
C5
C4
P
P
Home Improvement Centers
-
-
C5
-
C6
P
Indoor Theaters
-
-
C5
-
C6
P
Mass Transit Facility / Depot
-
-
C5
P
C6
P
Modular Self-Storage Facilities, Mini Storage Units
-
C3
C5
C2
P
P
Personal Health Clinics, Personal Care Facilities
-
-
C5
-
P
P
Shopping Malls, Shopping Centers
-
-
C5
-
C6
P
INDUSTRIAL - PROCESSING, MANUFACTURING, WAREHOUSING AND DISTRIBUTION
Manufacturing, All Types (excluding those under Manufactured, Limited; and Petroleum and Chemical Products and Explosives)
-
-
C5
-
C6
P
Manufacturing, Limited (see Zoning District Table of Permitted Uses for NAICS references)
-
C3
C5
C4
C6
P
Manufacturing and Bulk Storage of Petroleum and Chemical Products and Explosives, Fuel Dealer
-
C3
C5
-
C6
P
NATURAL RESOURCES - AGRICULTURE, FARMING & ANIMAL KEEPING, MINING
Animal Commodity Sales Yards, Other Animal Feed Lots, Stockyards
-
C2
C2
-
P
P
Animal Processing and Packaging
-
C2, C3
P
-
P
P
Concentrated Animal Feeding Operations (Commercial Hogs, Dairies)
-
P
P
-
P
P
Concentrated Animal Feeding Operations (Commercial Poultry)
-
P
-
-
P
P
Crop Processing and Packaging, Wineries
-
P
P
-
P
P
Crop Production - Dry and Irrigated Farming
C1, C2
P
P
C1, C2
P
P
Equestrian Facilities, Exotic Animals
-
C3
C5
-
P
P
Farmer's Markets, Roadside Stands, Truck Farming
-
C2, C3
C2, C5
-
P
P
Fish Farming, Game Preserves
-
N
C2
-
P
P
Landscape Materials, Nurseries/Greenhouses, Specialty Crops
-
P
P
-
P
P
Pasture and Rangeland Grazing
-
P
P
P
P
P
Mining - Sand, Gravel, Fill Dirt
-
-
C1, C2
-
C1, C2
C1, C2
P = Permitted C = Conditional Dash (-) = Not Permitted *
* Note: Reference Newberry County Airport Land Use Restriction Zones Map for Location of Zones.
 
         (d)   Conditional uses. For all land uses shown as conditional in § 153.075(E)(6)(c) - Land Use Matrix Table, the following conditions apply, as applicable.
            1.   C1. Allowed only if use does not interfere with normal airport operations (as defined by the FAA/South Carolina Aeronautics Commission).
            2.   C2. Prohibits uses that constitute a hazard to flight, including but not limited to tall physical objects, glare, dust, or other visual or electric interference to a pilot and aircraft, and uses that may attract hazardous wildlife.
            3.   C3. Use intensity restricted to 5 or less persons per acres; or equivalent per household.
            4.   C4. Use intensity restricted to 15 or less persons per acre; or equivalent per household.
            5.   C5. Use intensity restricted to 25 or less persons per acre in structures/buildings; and 50 or less persons per acre outdoors.
            6.   C6. Use intensity restricted to 100 or less persons per acre.
            7.   C7. Residential land uses permitted, with residential fair disclosure required.
         (e)   Other land use requirements. Future applications made to Newberry County requesting approval of manmade structures, which also require filing a notice with the FAA as per 14 C.F.R. Part 77, § 77.9, or in successor federal regulations, shall first submit a FAA form 7460-1, Notice of Proposed Construction or Alteration, to the FAA for a review of impacts to airspace in the vicinity of the Airport, prior to placing of the request on the Planning Commission meeting agenda. If the FAA determines an adverse impact to the airport's airspace may occur, the FAA decision should serve as governing height limitation for such a man-made structure.
      (7)   Nonconformities.
         (a)   1.   Nonconformities - regulations not retroactive. This regulation shall not be construed to require the alteration of any lot or removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, or intended use of any property or structure for which the construction or alteration was started or for which a building permit was acquired prior to the effective date of this chapter.
            2.   Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to allow the installations operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Newberry County Airport Commission to indicate to the operators of aircraft in the vicinity of the airport the presence of such obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Newberry County Airport. Reference FAA Advisory Circular 70-7460-1K, or successor advisory circulars, for further guidance.
         (b)   Existing structures in Airport Overlay District. Except as specifically provided in this section, it is not permissible for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. Physical alteration of structures or the placement of new structures on open land is unlawful if they result in an increase in the total amount of space devoted to a nonconforming use or greater nonconformity with respect to land use limitation.
            1.   Abandoned structures. Whenever the Newberry County Building and Inspection Department Manager determines that a nonconforming structure has been abandoned or more than 80% torn down (or damaged more than 80% of the current county tax value), physically deteriorated, or decayed, no permit shall be granted that would allow such structure to otherwise deviate from the height and land use regulations.
            2.   Temporary structures. Temporary structures constructed or erected incidental to a development, and solely used for the designated purpose, can only remain while needed and for a maximum of 1 year.
(Ord. 06-11-16, passed 9-21-2016)

§ 153.076 LAND DEVELOPMENT AGREEMENTS.

   (A)   Findings. The County Council finds that the General Assembly has enacted legislation known as the “South Carolina Local Government Development Agreement Act”, codified as S.C. Code § 6-31-10 et seq., authorizing, in certain circumstances, the execution of land development agreements to encourage comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The County Council finds and determines that land development agreements may be useful to both the private and public sector by providing certainty in zoning, by setting forth a reasonable schedule of development and by enhancing the opportunity for comprehensive, planned development, and enacts this section in furtherance of the authority evolved upon it by the South Carolina Local Development Agreement Act.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DEVELOPER. A person, including a governmental agency, who intends to undertake any development and who has a legal or equitable interest in the property to be developed.
      DEVELOPMENT. The planning for or the carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the dividing of land into 3 or more parcels. As designated in a law or a development permit, DEVELOPMENT includes the planning for and all other activity customarily associated with it unless otherwise specified.
      DEVELOPMENT PERMIT. Includes a building permit, zoning permit, subdivision approval, rezoning certification, special exception, variance, or any other official action of local government having the effect of permitting the development of property
      GOVERNING BODY. The County Council of Newberry County. South Carolina.
      LAND DEVELOPMENT REGULATIONS. Ordinances and regulations enacted by the governing body for the regulation of any aspect of development, including local government zoning, rezoning, sub-division, building construction, or sign regulations or any other regulation controlling the development of property.
      LAWS. All ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies and rules adopted by the governing body, or its affiliated committees, boards or commissions, affecting the development of property, including laws governing permitted use of property, governing density, and governing design, improve-ment and construction standards and specifications.
      PERSON. An individual, corporation, business or land trust, estate, partnership, association, 2 or more persons having a joint or common interest, state agency or any legal entity.
      PROPERTY. All real property subject to land use regulation by the governing body, including any improvements or structures customarily regarded as part of real property.
      PUBLIC FACILITIES. Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks, recreational and health systems and facilities.
      ZONING ADMINISTRATOR. The person charged by the governing body with overseeing the implementation and interpretation of land development regulations pertaining to the development of property.
   (C)   Application.
      (1)   Any person seeking a land development agreement with the county shall make application to the Zoning Administrator or to such other person as the governing body may designate.
      (2)   The application shall incorporate a statement setting forth the objectives of the development and the benefits that will inure to the public as a result. The application shall include a legal description of the property subject to the agreement, which property must contain a minimum of 25 acres of highland (wetlands excluded), and the names of its legal and equitable owners; the proposed duration of the agreement, which must be consistent with South Carolina Local Government Development Agreement Act, S.C. Code § 6-31-40; the development uses permitted on the property, including population densities and building intensities and height; a description of public facilities that will service the property, including the identity of who is to construct and/or provide the facilities, the date that any new public facilities, if needed, will be constructed, and a schedule to verify that public facilities will be available concurrent with the impacts of the development; a description, where appropriate, of any reservation or dedication of land for public purposes; any provisions to protect environmentally sensitive property as may be required or permitted pursuant to laws in effect at the time of application; a description, where appropriate, of any provisions for the preservation and restoration of historic structures.
      (3)   The application shall also include the current and, if applicable, requested zoning of the property, and a site analysis, prepared by a registered engineer or surveyor, showing the location of existing manmade features where major circulation systems are proposed; general topographic information from topographic maps or other suitable maps, using a contour interval not exceeding 2 feet; and the location and description of identified cultural resources.
      (4)   A land use plan shall be part of the application, which shall show the location, net acreage, and gross acreage for each type of residential, office or commercial development proposed for the property, open space areas, water bodies and major circulation systems, and existing land uses adjacent to the property. The plan must also identify the type of dwelling units proposed, the minimum of lot size per dwelling unit, and minimum lot frontage requirements, and minimum setback requirements for principal buildings.
      (5)   With the application, any fee as County Council may from time to time establish must also be remitted.
      (6)   The Zoning Administrator shall review land development agreement applications, and, if necessary for a more coherent understanding of the proposed development, may request additional information. Furthermore, the Zoning Administrator shall consult with the County School District and report the School District Superintendent’s findings and recommendations to the Planning Commission.
   (D)   Proposed agreement. Simultaneously, with the submission of the application, or within a reasonable time thereafter, a proposed land development agreement shall be submitted by the applicant to the Zoning Administrator. The Zoning Administrator shall review the same and consult with such other county officials or personnel he or she deems appropriate. Prior to the agreement being presented to the Planning Commission, as herein provided, the agreement must be approved as to form by the County Attorney. In the event the proposed land development agreement provides that the local governing body shall provide certain public facilities, the agreement must provide that the delivery date of such public facilities be tied to defined completion percentages or defined performance standards to be met by the developer.
   (E)   Planning Commission. 
      (1)   After the review as set forth in division (D), the application and proposed agreement shall be forwarded to the Planning Commission. Should any issues pertaining to the agreement be unresolved, they shall be identified by the Zoning Administrator in his or her report to the Planning Commission.
      (2)   The Planning Commission shall conduct a public hearing on the application, giving at least 15 days’ notice in a publication of general circulation in the county that a land development agreement is to be considered. The public notice must specify the location of the property subject to the land development agreement, the use(s) proposed for the property and the location where a copy of the proposed land development agreement can be obtained.
      (3)   At the conclusion of its public hearing, the Planning Commission shall make a recommendation to the County Council as to the propriety of the agreement. The recommendation may include suggested amendments or modifications to the agreement. At the conclusion of its public hearing, the chairman of the Planning Commission shall announce the time, date, and place when the County Council is to consider the proposed development agreement. Nothing herein shall be construed to preclude the Planning Commission from deferring action on a proposed land development agreement for the purpose of receiving clarifying information.
   (F)   County Council. Prior to authorizing the execution of a land development agreement, the County Council shall conduct a public hearing, notice of which shall be advertised in a publication of general circulation in the county at least 30 days prior to the date of the hearing. No land development agreement shall be executed until it has been accepted and approved by the governing body and an ordinance authorizing the same has been ratified.
   (G)   Effective date. No land development agreement shall be effective until such time as an ordinance authorizing its execution has been ratified by the County Council, and the same has been executed on behalf of the county by the Council chairman.
   (H)   Recording. It shall be the responsibility of the applicant, within 14 days of the land development agreement having been executed, to record the agreement with the Register of Mesne Conveyance or the Clerk of Court in the county where the property is located.
   (I)   Effect of land development agreement. A land development agreement must specify which laws in force at the time of the execution of the agreement shall apply for the term of the agreement. Subsequently enacted laws shall be applicable to property subject to a land development agreement, unless the agreement specifies otherwise, or unless, after a public hearing, the County Council determines that the application of such laws would materially alter or disrupt the development of the property as contemplated by the agreement, or as otherwise provided by the South Carolina Local Government Development Agreement Act, S. C. Code § 6-31-80(B)(l), (2), (3), (4) and (5).
   (J)   Periodic review. 
      (1)   During the term of a land development agreement, a periodic review of the progress made thereunder shall be had by the Zoning Administrator, on at least an annual basis. At the review, the parties subject to the agreement must demonstrate good faith compliance with the terms and provisions of the development agreement, and must provide such information as the Zoning Administrator may request, and as may be otherwise provided in the agreement.
      (2)   If as a result of any periodic review, it appears that a person subject thereto has committed a material breach of the terms or conditions of the agreement, such circumstance shall be reported to the County Council by the Zoning Administrator.
      (3)   Upon receipt of such report, the County Council, or such committee to which the matter may be referred by Council, if it concurs with the Zoning Administrator’s report, shall serve written notice to the applicable party, setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination of the breach, and providing the applicable party a reasonable time in which to cure the breach.
      (4)   If such party fails to cure the material breach within the cure period, the County Council, or the committee to which the matter has been referred, may unilaterally terminate or modify the land development agreement, provided that the Council or the committee, as appropriate, has first given the applicable party an opportunity to either rebut the finding and determination or to consent to an amended development agreement to address the concerns of the County Council or the committee with respect to its findings and determination, and has otherwise complied with the provisions of the development agreement pertaining to a material breach.
   (K)   Amendments and cancellation. Any land development agreement may be amended or cancelled by mutual consent of the parties to the agreement, or by their successors in interest.
   (L)   Burdens and benefits. All burdens of the land development agreement are binding upon, and the benefits of the land development agreement shall inure to, all successors in interest to the parties to the land development agreement.
   (M)   State or federal laws or regulations. In the event state or federal laws or regulations, enacted after a land development agreement has been executed, prevent or preclude compliance with 1 or more provisions of the development agreement, the provisions of the agreement shall be modified or suspended, as necessary, to comply with the state or federal laws or regulations.
   (N)   Technical codes. Notwithstanding anything herein to the contrary, any and all building, housing, electrical, plumbing and gas codes, now in effect or hereafter adopted by the County Council, shall apply to any properties subject to a land development agreement.
   (O)   Enabling legislation. In the event that a court of competent jurisdiction shall determine that the state act, or any part thereof, invalid or unenforceable, or in the event that the General Assembly shall amend or repeal the state act, in whole or in part, each development agreement shall be reviewed to determine if such change in the state act results in a substantial impairment of the rights or obligations of any of the parties to the development agreement. Any party whose rights or obligations under a development agreement have been substantially impaired by a change in the state act shall have the right to immediately terminate the agreement as to all parties thereto by written notice to the parties to the development agreement.
(Ord. 05-16-2022, passed 8-17-2022)