Pomaria City Zoning Code

CONDITIONAL USE

REGULATIONS

§ 153.088 APPLICATION OF CONDITIONAL USES.

The requirements of this subchapter shall apply to all conditional uses listed in § 153.073(D) - Zoning District Table of Permitted Uses, as applicable. A request for a conditional use shall be submitted to the Zoning Administrator who shall approve the use if all the conditions and requirements herein are satisfied.

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

§ 153.089 RURAL DISTRICT CONDITIONAL USES.

In addition to single-family residential and agricultural uses, certain light commercial and industrial and substantially similar uses including uses in the healthcare, government, information, professional/office, transportation, and utilities use categories are considered to be appropriate for a rural area and as such may be allowed in the R2 district as listed in § 153.073(D) - Zoning District Table of Permitted Uses, provided the following conditions are met. These conditions do not apply to single-family residential and agricultural uses.

(A) Such uses may be associated with, but secondary to, a single-family residential use on the same property.

(B) Such uses must comply with conditions associated with the use, as provided in §§ 153.088 et seq. - Conditional Uses and any applicable performance or other requirement as provided in this chapter, in addition to the following conditions. Where requirements differ, the more restrictive requirement shall apply.

(C) If the single structure or combination of structures to be included in the proposed non-residential, non-agricultural use exceeds 3,000 square feet in gross floor area, it must be permitted by special exception as provided in § 153.137 - R2 Rural District Special Exceptions.

(D) Where permitted, such uses shall meet the following conditions:

(1) A buffer of at least 100 feet shall be required from adjoining property lines of existing single-family residential uses and adjacent residentially zoned properties. Such buffer shall comply with the applicable requirements for buffers provided in § 153.182. If a different buffer width is required for an individual use the larger buffer shall apply. For uses requiring a special exception permit, the Board of Zoning Appeals may require a larger buffer after finding that potential offsite impacts warrant the increase.

(2) Maneuvering of associated vehicles of any size must be accommodated by and occur on the associated property.

(3) No uncovered open storage of waste materials shall be permitted in public view.

(4) Any manufacturing process shall be completely contained inside the permitted structure(s).

(5) Performance standards. Such uses must comply with the following performance standards:

(a) Light. As required by § 153.034 - Light and Glare.

(b) Glare. As required by § 153.034 - Light and Glare.

(c) Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive to a person of normal sensibilities at the property line or right-of-way.

(d) Vibration. A person may not cause or permit, beyond the property line of a source, vibration of sufficient intensity to cause another person to be aware of the vibration by such direct means as sensation of touch or visual observation of moving objects. The observer shall be located at or within the property line of the receiving property when vibration determinations are made.

(e) Noise. As required by §§ 90.01 through 90.99 - Noise of the Newberry County Code of Ordinances.

(6) Exceptions to performance standards. The following are exempted from the performance requirements of this division.

(a) Any exemptions provided by other regulations cited in this chapter.

(b) Vibration emanating from construction activities between the hours of 7:00 a.m. and 9:00 p.m. pursuant to a current building permit issued by Newberry County.

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

§ 153.090 CLUSTER DEVELOPMENT, SINGLE-FAMILY RESIDENTIAL.

To encourage open space, residential cluster subdivisions are permitted in all zoning districts allowing single-family residential uses in accordance with the following conditions.

(A) Only single-family, site-built residential dwellings shall be allowed in a residential cluster subdivision.

(B) The minimum size of a residential cluster subdivision shall be 5 acres.

(C) Residential subdivisions are permitted to cluster lots and to reduce lot sizes in order to compensate for the minimum open space requirements established herein; however, density shall not exceed 3 dwelling units per acre.

(D) For lots along the exterior boundary of a cluster subdivision, setbacks for yards adjacent to such exterior boundaries shall be not less than 2 times the setbacks required for the district in which the subdivision is proposed to be located.

(E) A minimum of 25% of the development site shall be designated as open space and shall be so arranged as to mitigate the impacts of clustering on adjoining properties. Such open space shall meet the requirements of § 153.185 - Open Space.

(F) The minimum lot size and interior lot setbacks may not be reduced to less than 50% of the minimum lot size and setbacks for the district in which the cluster subdivision is located. However, zero lot-line development is allowed in residential cluster developments.

(G) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

(H) The development shall be in compliance with Chapter 154 - Subdivision Regulations of the Newberry County Code of Ordinances, except as provided in this division.

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

§ 153.091 DWELLING, ABOVE NON-RESIDENTIAL USE.

Dwellings above non-residential uses shall meet the following requirements where conditionally permitted.

(A) Use of the upper floors of commercial buildings may be converted or used for residential purposes where conditionally permitted, provided that the portion of the ground floor of the building which faces the sidewalk or other public road right-of-way continues to be used or dedicated for business or commercial use. A portion of the ground floor may also be used for residential garage or storage space, so long as the garage or storage space is located in the rear of the building.

(B) The dwelling unit must have access to a street as required by building and fire codes.

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

§ 153.092 DWELLING, SINGLE-FAMILY ATTACHED.

Single-family attached dwellings (3 or more units), including townhouses and patio homes, shall meet the following requirements where conditionally permitted.

(A) No more than 6 contiguous housing units shall be built in a row.

(B) A minimum setback of 50 feet is required from all property lines abutting the development site.

(C) A minimum setback of 50 feet is required from all road rights-of-way abutting the development site. A minimum setback of 25 feet is required from all interior roads within the development site.

(D) A buffer of at least 25 feet in width is required along the side and rear property lines of the development site.

(E) No portion of a housing unit or accessory structure in or related to 1 group of contiguous housing units shall be closer than 20 feet to any portion of a housing unit or accessory structure related to another group, or to any building outside of the development.

(F) Maneuvering of associated vehicles of any size must be accommodated by and occur on the associated property.

(G) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

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

§ 153.093 DWELLING, ZERO LOT LINE.

Zero lot line dwellings shall meet the following requirements where conditionally permitted.

(A) A minimum setback of 50 feet is required from all property lines abutting the development site.

(B) A minimum setback of 50 feet is required from all road rights-of-way abutting the development site. A minimum setback of 25 feet is required from all interior roads within the development site.

(D) Maneuvering of associated vehicles of any size must be accommodated by and occur on the associated property.

(E) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

(F) Where a unit is to be constructed at or on a property line, a 7-foot private maintenance easement shall be provided on the adjoining lot.

(G) At least 1 side yard extending not less than 7 feet from the property line shall be provided for each dwelling unit. Where a second side yard is provided, though not required, it shall also have a minimum width of 7 feet.

(H) All other setback requirements for the development, including front and rear yards for individual dwellings, shall be as provided for single-family detached dwellings, unless otherwise provided as part of a cluster subdivision.

(I) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

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

§ 153.094 EQUESTRIAN SUBDIVISION.

Equestrian subdivisions shall meet the following requirements where conditionally permitted.

(A) The development shall include only detached single-family units.

(B) Maximum density for such developments shall be 1 dwelling unit per 5 acres. However, minimum lot size for individual dwelling units may be less than 5 acres if the following requirements are met:

(1) The required maximum density of 1 dwelling unit per 5 acres for the development site as a whole is not exceeded; and

(2) In no case shall the minimum lot size for any individual dwelling unit be less than 2 acres.

(C) Minimum size of residential lots with accessory facilities for the keeping of farm animals shall be no less than 5 acres.

(D) A minimum of 30% of the development site area shall be open space as calculated per the requirements of § 153.185 - Open Space.

(E) The development shall be in compliance with Chapter 154 - Subdivision Regulations of the Newberry County Code of Ordinances, except as provided in this division.

(F) Additional conditions may be imposed to ensure that the use will not constitute a safety, health, or traffic hazard.

(G) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site. Any access drives to structures shall be of sufficient width to allow access by emergency vehicles.

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

§ 153.095 FAMILY DAY CARE HOME.

Family day care homes accessory to residential use shall meet the following requirements where conditionally permitted.

(A) Care is limited to 6 children/adults, including those children or adults living in the home and children or adults received for day care that are related to the resident caregiver.

(B) The facility meets the minimum standards set forth by the S.C. Department of Social Services (children), the S.C. Department of Health and Environment Control (adults), and any other applicable licensing agencies.

(C) The child/adult day care function shall be clearly incidental and secondary to the occupied residential use of the building and there shall be no advertising of the family day care function on the site or structure.

(D) Child/adult care services utilize not more than 25% of the total heated floor area of the dwelling.

(E) Child/adult day care duties shall be conducted only by persons residing on the premises.

(F) Drop-off and pick-up of clients and associated parking must be accommodated and conducted on-site. The family day care home operation shall not generate any parking or traffic congestion.

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

§ 153.096 GARAGE APARTMENTS.

Apartments above garages and accessory to a single-family dwelling, where conditionally permitted, shall meet the following requirements:

(A) The apartment cannot exceed 50% of the gross floor area of the principal dwelling or contain more than 2 bedrooms.

(B) The apartment must be a complete living space with kitchen and bathroom facilities separated from the principal unit.

(C) A garage apartment may be accessory only to a detached single-family dwelling, and not more than 1 apartment shall be allowed per dwelling or lot.

(D) The apartment shall meet all setback requirements.

(E) One additional off-street parking space will be provided on the dwelling property for the accessory apartment.

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

§ 153.097 HOME OCCUPATIONS.

Customary home occupations accessory to residential use shall meet the following requirements where conditionally permitted.

(A) The home occupation shall be carried on wholly within the principal residence or accessory structure.

(B) The floor area dedicated to such use shall not exceed 25% of the floor area of the principal residence or 50% of an accessory building.

(C) No activity shall be conducted out of doors, and no associated outdoor storage, display, or refuse area shall be allowed in the yard.

(D) No merchandise or articles shall be displayed so as to be visible from outside the principal residence.

(E) No person not residing in the principal residence shall be employed on the premises.

(F) No traffic shall be generated in an amount above that normally expected in a residential neighborhood, and no traffic hazard shall be caused by the home occupation.

(G) There is no alteration whatsoever of the residential character of the building(s) and/or premises.

(H) The occupation, profession, or trade shall not generate any health, safety or traffic hazard; or any noise, glare, heat, vibration, smoke, dust, or odor perceptible to adjacent uses.

(I) No display, rental, or sale of wholesale or retail goods or other commodity other than those prepared on the premises shall be allowed on the premises.

(J) The occupation shall not be used for receptions, parties, etc. in which the resident receives a fee or compensation.

(K) Signage for the home occupation shall be limited to 1 wall-mounted, non-illuminated wall sign with a maximum sign surface area of 2 square feet.

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

§ 153.098 HORSES AND HORSE STABLES, HORSES FOR PERSONAL RECREATIONAL USE, ACCESSORY TO RESIDENTIAL.

Horses for personal recreational use and horse stables, barns or other shelters for horses accessory to a single-family residential dwelling, where conditionally permitted, shall meet the following requirements.

(A) Horses and/or stables must be located upon the same property as the residential use.

(B) Horses must be contained on the property by adequate fencing. Such fencing must meet the requirements of § 153.033 - Fences and Walls.

(D) Stables or other structures housing horses shall be setback at least 100 feet from the nearest property line of any existing residential use or adjacent residentially zoned property.

(E) Manure piles shall be located no closer than 50 feet to any adjacent property line.

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

§ 153.099 JUNKED VEHICLE STORAGE.

To preserve property values and promote a positive community image, the following conditions shall apply to all junked vehicle storage that is accessory to any use within the county. For the purposes of this section, a junked vehicle shall be defined as any vehicle, automotive or marine, that is mechanically inoperable, including any vehicle that is wrecked or partially dismantled, and has been unregistered for a period longer than 30 days.

(A) No junked vehicles may be stored on any multi-family residential property.

(B) No more than 2 junked vehicles may be stored outside an enclosed structure and such vehicles shall be screened from view of the primary public road right-of-way by an opaque screen as provided in § 153.183 - Screening.

(C) Any junked vehicle storage determined to be a primary use of the property shall comply with all regulations provided in § 153.146 - Salvage, Scrap and Recycling Operations.

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

§ 153.100 CHILD AND ADULT DAY CARE CENTERS.

Child and adult day care centers shall meet the following requirements where conditionally permitted.

(A) Care is provided to 7 or more children and/or adults.

(B) The facility is licensed by the S.C. Department of Social Services (children) or the S.C. Department of Health and Environmental Control (adults) and meets the minimum standards set forth by that department and any other applicable licensing agencies.

(D) All structures shall be setback a minimum of 25 feet from any existing adjacent residential property or adjacent residentially zoned property.

(E) No play area for a day care center shall be closer than 20 feet to any residential lot line.

(F) An area adequate for loading and unloading children and/or adults shall be provided, and the area shall not be located within any public right-of-way.

(G) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

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

§ 153.101 HOSPITALS.

General hospitals, psychiatric and substance abuse hospitals, and other specialty hospitals shall meet the following requirements where conditionally permitted.

(A) A minimum setback of 50 feet is required from any adjacent property with an existing residential use or adjacent residentially zoned property.

(B) A buffer of at least 25 feet shall be required from any adjacent property with an existing residential use or adjacent residentially zoned property, per the requirements of § 153.182 - Buffers.

(C) Primary vehicular access to the facility must be from a paved road with sufficient capacity to accommodate hospital traffic.

(D) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

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

§ 153.102 NURSING HOMES.

Nursing homes shall meet the following requirements where conditionally permitted.

(A) The property upon which the nursing home is located must be a minimum of 2 acres in size.

(B) All structures shall be setback at least 50 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

(C) A buffer of at least 25 feet shall be required from any adjacent property with an existing residential use or adjacent residentially zoned property, per the requirements of § 153.182 - Buffers.

(D) Primary vehicular access to the facility must be from a paved road with sufficient capacity to accommodate traffic associated with the nursing home.

(E) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

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

§ 153.103 FAIRS.

Fairs, fairgrounds, carnivals, circuses and concerts shall meet the following requirements where conditionally permitted.

(A) All structures, whether permanent or temporary, shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

(B) Primary vehicular access to such uses must be from a paved arterial or collector road.

(D) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

(E) These provisions are not applicable to fairs, carnivals, circuses, concerts or other events conducted within stadiums, arenas and other fully enclosed permanent facilities specially designed to accommodate such activities and events.

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

§ 153.104 MARINA, PUBLIC.

Marinas for public use shall meet the following requirements where conditionally permitted.

(A) Minimum size of the property shall be 1 acre.

(B) A minimum setback of 50 feet is required from any adjacent property with an existing residential use or adjacent residentially zoned property.

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

§ 153.105 RECREATIONAL DAY CAMPS, SHOOTING AND ARCHERY RANGES.

Recreational day camps and shooting or archery ranges shall meet the following requirements where conditionally permitted.

(A) All recreational day camps and shooting or archery ranges, including structures, ranges, camp sites, and other facilities associated with these uses shall be setback a minimum of 100 feet from all adjacent property lines, except where contiguous properties are zoned for commercial (LC or GC) and/or industrial (IND) uses.

(B) All recreational day camps and shooting or archery ranges, including structures, ranges, camp sites, and other facilities associated with these uses shall be surrounded by a minimum 50 foot wide buffer, which meets the applicable requirements of § 153.182 - Buffers. Such facilities shall be surrounded by an opaque screen which meets the requirements of § 153.183 - Screening.

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

§ 153.106 KENNELS AND OTHER PET CARE SERVICES.

Commercial kennels and other pet care services shall meet the following requirements where conditionally permitted.

(A) Structures and animal enclosures shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

(B) Animals shall be kept inside buildings at night.

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

§ 153.107 MINI-WAREHOUSES AND COMMERCIAL PERSONAL STORAGE.

In districts where conditionally allowed, mini-warehouses and other commercial personal storage facilities must meet the following conditions.

(A) Size. Mini-warehousing or commercial personal storage sites shall not exceed 4 acres in size.

(B) Vehicles and parking. Adequate vehicular maneuvering and parking must be accommodated.

(1) Vehicular ingress-egress shall be limited to 1 point for each side of the property abutting any street right-of-way.

(2) At least 4 parking spaces, designed to meet the requirements of § 153.200 - Parking Space Design Requirements, shall be provided in the vicinity of the leasing office.

(3) Drive aisles adjacent to all exterior storage unit doors shall be a minimum of 27 feet wide.

(4) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site.

(D) Uses not allowed.

(1) Outdoor storage shall be limited to licensed boats on trailers and licensed recreational vehicles. If such storage is to be provided, adequate parking must be provided to accommodate such vehicles.

(2) No retail or wholesale uses, residential activities, and storage of hazardous materials, or any other use other than personal storage shall be conducted within or from the storage units. Notice of such prohibition shall be provided to customers by a conspicuous sign posted at the entrance of the property or by provisions in the lease agreement, or both.

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

§ 153.108 COMMUNICATIONS TOWERS AND ANTENNAS.

Communications towers and/or antennas shall meet the following requirements where conditionally permitted.

(A) Permit required.

(1) In all districts, any antenna co-located on an existing legally conforming structure that meets the conditions specified in division (C) below and all other applicable zoning requirements shall be permitted by right upon issuance of a valid zoning permit from the Zoning Administrator.

(2) In residential districts RS, RSV, RSM and RG a new antenna on an existing tower meeting the conditions specified herein, division (C), shall be a permitted use. New free-standing monopoles with a height not exceeding 100 feet are a permitted special exception upon issuance of and in accordance with the limitations of a special exception permit pursuant to § 153.053.

(3) In commercial districts LC and GC, a free-standing or guyed tower with a height not exceeding 180 feet is a permitted conditional use.

(4) In the rural district R2 and the IND industrial district, free-standing or guyed towers with height not exceeding 360 feet is a permitted conditional use.

(5) In Planned Development Districts, towers with height specified in an approved plan are permitted under conditions set forth in the plan.

(6) In districts in which communication towers and antennas are permitted, except in the Planned Development Districts, free-standing or guyed towers and antennas exceeding height limitations may be permitted by the Board of Zoning Appeals as a special exception upon issuance of and in accordance with the limitations of a special exception permit as detailed in § 153.053.

(B) Application requirements. The applicant for a conditional use zoning permit for construction of a communications tower or placement of a commercial telecommunication antenna on an existing structure other than a tower previously permitted must file with the Zoning Administrator an application accompanied by the applicable fee, as shown in the most recently adopted fee schedule, and the following documents:

(1) One copy of typical specifications for proposed structures and antennae, 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 antennae, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the county;

(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;

(10) Evidence that applicable conditions in division (C) are met; and

(11) Additional information required by the Zoning Administrator for determination that all applicable zoning regulations are met.

(1) The proposed communications tower, antenna, or accessory structure will be placed in a location that 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 owned by the applicant or any other structure owned by a private or public entity.

(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) Applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements and must submit a statement that they will act in good faith in negotiating use of the tower by other entities.

(5) Applicant must show that all applicable health, nuisance, noise, fire, building, and safety code requirements are met.

(6) A communications tower must not be painted or illuminated unless otherwise required by state or federal regulations or division (11)(c) below.

(7) 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 collocation agreement could not be obtained.

(8) 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 Zoning Administrator a written indemnification of the County and proof of liability insurance (Comprehensive General Liability) 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 county, in form approved by the county attorney. Co-locators proposing to locate on an existing structure are exempt from this requirement.

(9) Where a telecommunication tower is to be located on a lot with an existing principle use, the tower shall be located in the rear yard only. In addition, a recorded easement for an access road at least 12 feet wide shall be maintained by the property owner and applicant from a public street to the tower for use by service and emergency vehicles.

(10) Towers are prohibited on the tops of buildings or structures in all residential and business zoning districts.

(11) In the IND - Industrial Zoning District, towers may be permitted on roofs or walls after submittal of a report by a qualified and licensed professional engineer indicating the existing structure's suitability to accept the antenna, and the proposed method of affixing the antennae to the structure.

(a) Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated, for review by the county.

(b) Towers on roofs may be allowed when the tower height:

1. Does not exceed more than 30% of the height of the building; or

2. Is no more than 30 feet above the building/structure, whichever is less.

(c) Towers on roofs or walls shall be screened, constructed, and/or colored to match the structure to which they are attached.

(12) Applicants building new towers shall plan the fence and landscaping per the requirements of divisions (13) and (14) to accommodate all future providers on the site such that the fence and landscaping materials surround the land designated for all future equipment buildings and the tower.

(13) Fencing. A minimum 6-foot high chain link fence is required immediately around the telecommunications tower and any equipment building(s) since the tower can be considered an attractive nuisance. Barbed wire shall be used along the top of the fence and access to the tower area and equipment buildings shall be through a locked gate.

(14) Landscaping. A landscaped buffer 20 feet in depth shall be required along the outside area of the perimeter-fenced area(s) to mitigate the visual impacts of the tower and equipment buildings from nearby viewers.

(a) Landscape materials shall be planted within the required buffer and shall consist of 12 trees (1/3 shall be evergreen) and 20 shrubs required per 100 feet of buffer strip, planted at reasonable intervals to ensure plant health. Evergreen shrubs should be of a size expected to reach a minimum of 6 feet in height at maturity. Accommodations for reasonable access and use may be incorporated as necessary.

(b) All landscaping shall be irrigated and maintained to ensure good health and vitality.

(c) Screening requirements shall not apply to telecommunications providers who have camouflaged (stealth towers) towers or who have located antennas within another structure (such as a steeple), or who have co-located on an existing tower. Nor shall screening apply when an antenna will be mounted on an electrical transmission tower or on structures such as a water tower/tank, grain silos, etc. or similar structures.

(15) Land development regulations, visibility, landscaping, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback and height, shall apply to the use. Setbacks, landscaping and screening, parking, fencing and height conditions shall be as specified in division (C) herein.

(16) A tower must be a minimum distance equal to 1/2 of the height of the tower from property officially designated historic or architecturally significant, and must be set back from all property lines distances equal to the district setback requirements or 25% of the tower height, whichever is greater. Notwithstanding the foregoing, all towers shall be a minimum of 300 feet from the nearest existing residential dwelling unit.

(17) The county recognizes that telecommunications facilities (both towers and co-locators) cannot be prohibited, nor can a request for a telecommunications tower be denied on the basis of environmental or health concerns relating to radio emissions if the telecommunications equipment and facility complies with the federal radio frequency emission standards. The county requires that each applicant must provide sealed documentation proving that their telecommunications equipment complies with the federal radio frequency emission standards.

(18) Any planned increase in tower height greater than 180 feet in total for an existing approved telecommunication tower shall require the provider to apply for a special exception permit in accordance with § 153.053.

(19) Signs. Freestanding signs in association with this use are prohibited. Wall signs shall be installed and/or mounted on the perimeter fence, or on the tower at its base. Wall signs shall be limited to:

(a) Identification signage allowed on equipment structures or fences surrounding the telecommunication tower/structure provided it does not exceed 9 square feet in size; and

(b) “No trespassing” signs, “danger - high voltage” signs, and other similar warning signs installed to discourage trespassing by unauthorized persons.

(20) Prior to issuing a permit, the county may consult with a communications expert for technical review to determine that the standards herein are met.

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

§ 153.109 VETERINARY SERVICES.

Facilities providing veterinary services, both with and without boarding kennels, shall meet the following requirements where conditionally permitted.

(A) Structures and animal enclosures shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

(B) Animals shall be kept inside buildings at night.

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

§ 153.110 WAREHOUSING AND STORAGE.

Warehousing and storage facilities shall meet the following requirements where conditionally permitted.

(A) All structures shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

(B) Site design shall ensure safe, predictable vehicular parking, access and movement onto and off of the site.

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

§ 153.111 AIR TRANSPORTATION, PUBLIC; AND AIR TRANSPORTATION SUPPORT.

Public air transportation facilities (NAICS 4811), including structures, runways and other facilities associated with the use, and air transportation support facilities (NAICS 4881) shall meet the following requirements where conditionally permitted.

(A) Any public airport or other air transportation facility and any applicable air transportation support facility must meet the requirements provided in § 153.075(E) - Airport Overlay District.

(B) All applicable state and federal regulations are met and required approvals and permits have been obtained.

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

§ 153.112 AIR TRANSPORTATION, PRIVATE.

Private air transportation facilities (NAICS 48121), including hangers, runways and other facilities associated with the use, shall meet the following requirements where conditionally permitted.

(A) Any private air transportation facility must meet the applicable requirements provided in § 153.075(E) - Airport Overlay District.

(B) All applicable state and federal regulations are met and required approvals and permits have been obtained.

(C) All runways shall be setback a minimum distance of 500 feet from any adjacent property line and the road right-of-way.

(E) All structures, facilities and other improvements associated with the use shall be setback a minimum of 25 feet from any adjacent property line and the road right-of-way.

(F) Site design shall ensure safe, predictable vehicular parking, access and movement onto and off of the site.

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

§ 153.113 BUS TERMINALS AND RAIL TERMINALS.

Bus terminals and rail terminals shall meet the following requirements where conditionally permitted.

(A) All structures shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

(B) Site design shall ensure safe, predictable vehicular parking, access and movement onto and off of the site.

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

§ 153.114 CONCENTRATED ANIMAL FEEDING OPERATIONS.

(A) Concentrated animal feeding operations (CAFOs) as defined by this chapter shall meet the following requirements where conditionally permitted.

(B) All applicable state and Federal regulations are met and required approvals and permits have been obtained. All requirements for CAFOs, except for new Swine CAFOs as defined by this chapter and as provided by § 153.152 - Concentrated Animal Feeding Operations for Swine, Slaughterhouse Operations, established and enforced by SC DHEC, per S.C. Code §§ 46-45-10 through 46-45-80, as amended.

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

§ 153.115 HELIPADS.

Helipads accessory to commercial operations and industrial uses shall meet the following requirements where conditionally permitted. Helipads to be used for public safety purposes such as police, fire, hospitals, and emergency medical services are exempt from these standards.

(A) All applicable state and federal regulations are met and required approvals and permits have been obtained.

(B) The surface of the heliport shall be of such material that dust, dirt, or other objectionable matter will not be blown onto adjoining properties by helicopter operations.

(D) Any helipad must meet any applicable requirements provided in § 153.075(E) - Airport Overlay District.

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

§ 153.116 HOUSING, ACCESSORY TO AGRICULTURAL USE.

The use of dwellings as accessory to agricultural uses to house farm workers shall meet the following requirements where conditionally permitted.

(A) Such dwellings must be permanent, site-built single-family, duplex or multi-family structures, or manufactured homes, and must be permitted per the regulations of Newberry County.

(B) Such dwellings must meet all applicable setbacks and buffers for the type of dwelling as required by this zoning ordinance.

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

§ 153.117 OPEN OUTDOOR STORAGE.

Open outdoor storage of materials used in assembly, fabrication or processing and of waste materials as accessory to a commercial, industrial, institutional or other non-residential use shall meet the following requirements where conditionally permitted.

(A) Such open storage shall not occupy more than 25% of the buildable area of the property.

(B) Such open storage shall be screened from public view as detailed in § 153.183(F) - Screening Required for Features.

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

§ 153.118 TRANSPORT CONTAINERS AS ACCESSORY STORAGE.

The use of transport containers as storage as accessory to a principal use shall meet the following requirements where conditionally permitted.

(A) Such use of transport containers shall require a zoning permit.

(B) Such container shall be screened from public view per the requirements of § 153.183(G) -Features for which screening is required.

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

§ 153.119 CONTRACTOR OFFICE AND EQUIPMENT SHED.

The temporary use of contractor offices and equipment sheds shall meet the following requirements where conditionally permitted.

(A) The use must be associated with construction on the premises.

(B) Site design shall ensure safe, predictable vehicular parking, access and movement onto and off of the site.

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

§ 153.120 MANUFACTURED HOME, EMERGENCY HOUSING.

The temporary use of a manufactured home as emergency housing following damage to a permanent dwelling by fire or natural disaster shall meet the following requirements where conditionally permitted.

(A) The manufactured home must meet the requirements of §§ 150.25 through 150.99 of the Code of Laws of Newberry County.

(B) Temporary use of the manufactured home may continue for up to 1 year after the permit is issued while repairs are being made to the permanent dwelling that was damaged.

(C) The permit for such temporary use may be renewed for an additional 6 months, provided repairs are in progress and are scheduled for completion by the expiration of the 18-month period. No additional extension past the 18-month period shall be granted.

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

§ 153.121 MANUFACTURED HOME, TEMPORARY DURING CONSTRUCTION.

The temporary use of a manufactured home as housing by the owner of the property during construction of a permanent single-family residence shall meet the following requirements where conditionally permitted.

(A) The manufactured home must meet the requirements of §§ 150.25 through 150.99 of the Code of Laws of Newberry County.

(B) The manufactured home shall be occupied by the owner of the property who is constructing the permanent residence.

(C) The manufactured home shall be located on the same lot of record as the permanent residence that is under construction.

(D) Proof of ownership of the property in the form of a copy of a plat and a deed of the property upon which the residence is being built and the manufactured home is located shall be submitted to the Zoning Administrator.

(E) The applicant will remove the manufactured home from the property within 30 days of the issuance of a certificate of occupancy for the permanent residence.

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

§ 153.122 PORTABLE ON-DEMAND CONTAINER (POD) AS TEMPORARY STORAGE.

The temporary use of portable on-demand storage containers shall meet the following requirements where conditionally permitted.

(A) Permit required. Use of such container for more than 7 consecutive days shall require a temporary zoning permit. However, use of such container for any period of time shall meet the requirements of this section.

(B) Duration. The structure may be located as a temporary structure for a period not to exceed 30 consecutive calendar days in duration from the date of issuance of the permit until the date of removal of the container. A 30 day extension may be granted by the Zoning Administrator if substantial evidence of need is provided in writing, which sets forth the reason the extension is needed. No more than 3 30-day extensions may be granted within any twelve month period.

(D) Location. PODs shall only be placed upon approved parking areas such as driveways and parking lots, or if space is available in the side or rear of the property.

(1) A POD shall be located no closer than 10 feet to any adjacent property line unless placed on an existing impervious driveway or surface and shall not obstruct sight distance for a driveway or road as required by § 153.032 - Visibility Requirements, Sight Triangle. PODs shall not be placed within any public right-of-way.

(2) POD units may not displace required parking spaces.

(E) Size. PODs located in residential zoning districts shall not exceed 8 feet in height, 8 feet in width and 16 feet in length.

(F) Maintenance and safety. The owner and operator of any property on which a POD is placed shall be responsible for ensuring that the unit is maintained in good condition, free from evidence of deterioration, graffiti, or other structural problems, at all times. It shall be the obligation of the owner or operator of such structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the structure.

(G) Storage allowed. No retail or wholesale uses; residential activities; and storage of hazardous or illegal materials, solid or liquid waste, and construction or demolition debris; or any other use other than the temporary storage of materials shall be conducted within or from the POD unit.

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

§ 153.123 RECREATIONAL VEHICLES AS TEMPORARY ACCOMMODATION.

The temporary use of recreational vehicles as temporary accommodations shall meet the following requirements where conditionally permitted.

(A) No recreational vehicle (RV) subject to state licensing and/or registration which does not display a current license plate or decal shall be stored in any real estate parcel in the R2, RS, RSV, RSM, and RG zoning districts.

(B) Except as otherwise regulated by the state and the requirements of this zoning ordinance for commercial campgrounds and RV Parks, there is no restriction on the parking or recreational use of recreational vehicles in the R2, RS, RSM, and RG zoning districts.

(C) It is the intent of division (B) above with respect to the unrestricted use of recreational vehicles, that no occupancy or use of such vehicle rise to the level of permanent occupancy or use, and that any use remains temporary in nature.

(D) The legal owner(s) of any property on which an RV is located is responsible for any violation of this code.

(E) Any owner of the property where the RV is to be used, and/or the user of the RV, if different, is responsible for compliance with any SCDHEC regulations which apply to the use and occupancy of recreational vehicles otherwise permitted in this section.

(F) Notwithstanding the foregoing, in those zoning districts that allow a manufactured home to be used as a temporary residence by the owner of the property during the construction of a permanent residence on the same property, recreational vehicles may be used for the same purpose under the same conditions, restrictions, and regulations required for the manufactured home. This provision does not apply to the RSV district.

(G) Conditions specific to the RSV zoning district.

(1) It is the intent of this subsection that any occupancy or use of a recreational vehicle in the RSV zoning district be temporary and for recreational purposes only. Temporary use of a recreational vehicle (RV) is characterized by, but is not limited to the following:

(a) No permanent connection to electric power for the RV.

(b) No occupational or commercial use shall be associated with the RV.

(c) The RV may not be used as a fixed place of abode or as a temporary abode during a period of employment or work as an independent contractor.

(d) No permanent foundation is provided for the RV.

(e) No porches, patios or storage buildings affixed or in close proximity to the RV.

(f) The RV must be mechanically ready to be moved at all times under the motive power for which such unit is designed.

(2) No recreational vehicles shall be parked or stored on any real estate parcel or right-of-way in the RSV district for more than 24 hours, except in accordance with the temporary use restrictions set forth in § 153.123(G)(3) below.

(3) The temporary use of recreational vehicles in the RSV zoning district shall be subject to the following restrictions.

(a) The use of recreational vehicles shall be allowed only by permit, which shall be issued by the Newberry County Planning and Zoning Department only to property owner(s) of record, with each recreational vehicle requiring a separate permit for each permitted use period. Accurate vehicle licensing and registration information shall be provided for each vehicle permitted under these provisions as a condition of permit issuance.

(b) A maximum of 20 calendar days of recreational vehicle use may be allowed for each individual property in any calendar quarter, with each day for each recreational vehicle constituting 1 day's use (e.g., 2 recreation vehicles used on a given real estate parcel simultaneously for 10 calendar days constitutes 20 calendar days of recreational vehicle use for the individual property).

(c) For each calendar quarter, calendar days of recreational vehicle use not permitted shall expire (i.e., shall not accumulate or roll over) at the end of that calendar quarter. Calendar quarters 1 through 4 shall end at midnight on March 31, June 30, September 30, and December 31, respectively.

(d) No recreational vehicle use permit shall be issued for more than 10 consecutive calendar days, and no fewer than 2 calendar days shall elapse between permitted use periods, though overlapping permits for separate recreational vehicles may be continued as long as no unit is permitted for more than 10 calendar days consecutively, and provided that the use will not result in more than 20 calendar days having been permitted for the individual property in the calendar quarter.

(e) All property owners applying for permits for recreational vehicle use must pay an annual, non-refundable fee of $25 at or prior to the first such permitted use in any calendar year. Annual fees paid for this purpose expire at midnight on December 31 of each calendar year, regardless of the date of permit issuance.

(f) Permits must be prominently displayed on recreational vehicles throughout permitted use periods.

(g) Recreational vehicle use permits shall be issued only during normal working hours of the Newberry County Planning and Zoning Department. Property owners are responsible for ensuring that applications for permits are submitted timely and should make such applications no less than 3 working days prior to the first date of intended use.

(h) Except as provided for in § 153.123(G)(2) above, no recreational vehicle shall be located on an individual property in an RSV zoning district without a recreational vehicle use permit first being issued by the Newberry County Zoning Office to the property owner. Failure to display a current recreational vehicle use permit shall be punishable by a fine assessed against the property owner, not to exceed $500 per day.

(i) Property owners desiring more than 24 hours of recreational vehicle parking or storage may apply for permits under this section.

(H) Conditions specific to the R2 zoning district.

(1) Purpose. The purpose of this section is to enable limited use of recreation vehicles (RVs) as temporary accommodations for workers who will be working for a period of time in or near the County, but do not intend to permanently relocate to the area. This section does not apply to a single temporary RV as otherwise allowed by this zoning ordinance.

(2) Conditions. A property owner may apply for a temporary RV accommodation permit in the R2 zoning district shall meet the following conditions:

(a) The parcel must be 10 contiguous acres or larger.

(b) One such temporary RV may be allowed per acre, however RV units may be clustered as long as they comply with all other requirements of this section and the setbacks required in the R2 zoning district. No more than 5 temporary RVs shall be allowed for this use on 1 parcel.

(c) No portion of any RV may be located closer than 20 feet to any portion of another RV or from a permanent residence if one is on the parcel.

(d) Application must be made by the property owner for each temporary RV requested to be located on the property. Application for more than 1 temporary RV may be submitted for a property at the same time.

(e) Such temporary RV shall be maintained in a manner which will facilitate and enable its removal by the expiration date of the permit.

(f) The placement of the temporary RV must meet SCDHEC requirements for water and wastewater connections and Newberry County requirements for temporary electrical service. Each proposed temporary RV dwelling shall have individual water, sewer and electrical service and connections and may not share such services with other temporary RV dwellings or permanent dwellings.

(g) A minimum setback of 100 feet is required between the perimeter of all RV sites and all property lines and the road right-of-way. A buffer of at least 50 feet in width is required along all side and rear property lines.

(3) Application. To apply for a temporary RV housing permit, the property owner shall submit the following information:

(a) A site plan drawn to a scale large enough to allow determination of the following:

1. The size and boundaries of the property;

2. The size and location of access, including driveways and access easements, from the parcel to a county, state or other public road;

3. The approximate location and size of all existing structures on the property; and

4. The proposed location and maximum size of all proposed temporary RV sites.

(b) Application and fees for electrical hookup for each proposed temporary RV as required by Newberry County.

(4) Permit term, renewal and revocation.

(a) Term. A temporary RV housing permit issued to an applicant based on compliance with the requirements of this section shall be valid for a period not to exceed 12 months unless renewed according to the requirements of this section.

(b) Renewal. A request for renewal of a valid temporary RV accommodation permit shall be submitted by the applicant at least 45 days prior to the expiration of the temporary permit. Such request shall be made in writing to the Zoning Administrator.

(c) Revocation. If the Zoning Administrator determines that any of the requirements or conditions of this section or additional conditions imposed by the Board of Zoning Appeals have not been met, the Board of Zoning Appeals may revoke the temporary RV accommodation permit after notice to the property owner. If the permit holder fails to demonstrate to the satisfaction of the Board of Zoning Appeals that no grounds for revocation exist within 30 days, then the permit may be revoked.

(d) Expiration. Occupancy of the temporary RV shall cease immediately upon expiration of a temporary RV accommodation permit or within 14 days after mailing, by certified mail, of notice of revocation, whichever event shall occur first. All utilities shall be disconnected and the temporary RV dwelling shall be removed within 30 days after expiration or revocation of the temporary RV accommodation permit. An unoccupied RV may be stored on the property with all utilities disconnected as long as it meets the setback requirements for a manufactured home on an individual parcel, and any other applicable provision of this section or this zoning ordinance.

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

§ 153.124 SOLAR FARM.

New solar farms or solar farms proposed to be expanded by more than 10% of original footprint shall meet the following requirements where conditionally permitted.

(A) Site plan required. A site plan drawn to scale shall be submitted to the Zoning Administrator by the applicant demonstrating compliance with the Solar Farm and all other applicable sections of this zoning ordinance. At a minimum, the plan must include:

(1) Name of the project, names and addresses of the owner(s), engineers, and surveyors.

(2) Date, scale and accurate north arrow.

(3) Property boundaries, including dimensions and size.

(4) Required setbacks and buffers.

(5) Location of all proposed facilities, including solar collectors and proposed structures

(6) Horizontal and vertical (elevation) to-scale drawings with dimensions that show the location of the solar collectors and system.

(7) Any existing or proposed signs, fencing, lighting, parking areas, driveways, easements, fencing, gates, vegetative screening, and applicable landscaping.

(8) Adjacent property lines, noting properties that include existing residential uses or residentially zoned properties and other adjacent land uses.

(9) Adjacent roads and road rights-of-way.

(10) Required landscaping, as applicable.

(B) Setback. A minimum setback of 100 feet is required from all road rights-of-way and all adjacent property lines.

(C) Buffer. A buffer of at least 50 feet shall be required from any adjacent property with an existing residential use or adjacent residentially zoned property line and a buffer of 25 feet is required for all other adjacent property lines including road rights-of-way, per the requirements of § 153.182 - Buffers.

(D) Screening. Screening per the requirements of § 153.183 - Screening shall be provided for any adjacent property with an existing residential use or adjacent residentially zoned property line.

(E) Height. Systems, equipment and structures shall not exceed 20 feet in height, with the exclusion of associated electric transmission lines and utility poles.

(F) Fencing. A security fence at least 6 feet in height shall be provided around the perimeter of the solar farm facility and shall meet the requirements of § 153.033 - Fences and walls, however the security fence may be chain link for this use.

(G) Preservation of existing vegetation. Where possible, existing vegetation shall be protected and preserved in the required buffer and setback areas to provide natural screening for the use. If screening is required, existing vegetation may be used to meet screening requirements as provided in § 153.183(C)(2) - Natural Areas. Such preservation does not include areas designated for roads, driveways, or required parking areas.

(H) Glare. Solar collection equipment shall be installed so that no reflected glare is visible at the property line or right-of-way as required by § 153.034 - Light and Glare.

(I) Decommissioning plan. The applicant must provide a decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) that describes the anticipated life of the solar farm, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the solar farm project will be decommissioned and the site restored to its condition prior to the development of the solar farm.

(1) Decommissioning will be required following a continuous 6 month period in which no electricity is generated by the facility.

(2) The permit holder will have 12 months to complete decommissioning of the solar farm. Decommissioning shall include removal of solar panels, foundations, structures, cabling, electrical components, conduit, and any other associated facilities as described in the decommissioning plan.

(3) Prior to issuance of zoning permit, the applicant must provide the county with a performance guarantee in the form of an irrevocable letter of credit in the amount of 125% of the estimated decommission cost minus the salvageable value or $50,000, whichever is greater. Estimates shall be determined by an engineer licensed to practice in South Carolina.

(J) Site design shall ensure safe, predictable vehicular access and movement onto and off of the site, and shall accommodate safe access to the property by emergency vehicles.

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

§ 153.125 CEMETERIES.

Cemeteries, including gravesites, mausoleums, crematoriums, and columbariums, shall meet the following requirements where conditionally permitted.

(A) Minimum size of the property shall be 2 acres.

(B) The use, including gravesites, must meet all setback requirements for the applicable zoning district.

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

§ 153.126 LARGE ANIMAL PROCESSING.

The processing of large animals including deer, but not including slaughterhouses as defined by this chapter and the State of South Carolina, shall meet the following requirements where conditionally permitted.

(A) Animal carcasses and any processing activities related to the use must be screened from view from road rights-of-way and adjacent property lines, either by storage in an enclosed structure or by an opaque screen as provided in § 153.183 - Screening.

(B) All animal remains must be discarded per applicable state regulations.

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

§ 153.127 TAXIDERMY.

(B) All animal remains must be discarded per applicable state regulations.

(D) There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive to a person of normal sensibilities at the property line or right-of-way.

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

§ 153.128 MOBILE FOOD TRUCK OR TRAILER.

Mobile food trucks or trailers shall meet the following requirements where conditionally permitted as a temporary use. Properly licensed ice cream trucks are exempted from these requirements, except as provided in other local or state regulations.

(A) Location. Mobile food trucks or trailers must be located on private property unless approved by the county as part of a special event. Written consent by the private property owner must be obtained and displayed or readily available in the vehicle at all times.

(B) S.C. DHEC Requirements. Mobile food trucks or trailers must meet all applicable South Carolina Department of Health and Environment Control requirements.

(D) Noise. No amplified or other loud sounds or music may be produced by or from the truck or trailer to attract customers, for entertainment, or other purposes.

(E) Supervision. The mobile food truck or trailer must be occupied by the owner or operator thereof at all times during operation.

(F) Mobile food trucks or trailers must meet the following conditions.

(1) Hours of operation are limited to 7:00 a.m. to 9:00 p.m. Overnight parking of a mobile food truck at a vending site is not permitted. Mobile food trucks or trailers and all associated equipment, refuse containers, and other materials must be removed from the temporary location before 9:30 p.m.

(2) Mobile food trucks or trailers must be at least 100 feet from the principle public entrance or associated outdoor dining area of any established "brick-and-mortar" restaurant, unless written permission is obtained from the restaurant owner to locate closer than 100 feet. Such written permission must be displayed or readily available in the food truck at all times.

(3) Mobile food trucks or trailers must be at least 100 feet from any residential use or primarily residential zoning district (RS, RSV, RSM, and RG).

(4) No structures, tables, or chairs are allowed outside of the vehicle, except for awnings that are attached to the food truck or trailer and can be removed or retracted.

(5) The exterior of the mobile food truck or trailer shall be maintained in good, clean, and safe condition and free of excessive wear or damage.

(6) Signs must be securely attached to or painted on the mobile food truck or trailer.

(7) On-site food preparation must be performed inside the mobile food truck or trailer. No grills or other cooking facilities are allowed outside of the truck or trailer.

(8) Refuse containers adequate to contain trash and recyclables produced by the use must be provided by the operator. Liquid waste must be collected and contained in the vehicle. Solid and liquid waste must be disposed of off-site at a municipal, county, or other approved collection site.

(9) The area utilized by the mobile food truck or trailer and its customers must be maintained in a clean, attractive, and safe condition at all times.

(10) For any location where the mobile food truck or trailer is proposed to stay for two or more hours, the vendor must provide access to toilet facilities for employees, including the vendor/ operator/owner.

(11) Mobile food trucks or trailers shall not operate in loading zones, public rights-of-way, sidewalks, or alleys, or obstruct or impede traffic flow or access to neighboring businesses, residences, or other uses.

(12) Access to adequate parking for the use must be provided, to include no less than three parking spaces. Additional parking may be required by the Zoning Administrator. Mobile food trucks or trailers shall not be parked in a way that occupies required handicapped parking or interferes with the flow of traffic in parking lots.

(Ord. 12-23-18, passed 2-6-2019)