Pomaria City Zoning Code

SPECIAL EXCEPTION

REGULATIONS

§ 153.136 APPLICATION OF SPECIAL EXCEPTIONS.

(A) Authority. This chapter, including the official zoning map, may be amended from time to time by the County Council as herein specified, but no amendment shall become effective unless is shall have first been submitted to the Planning Commission for review and recommendation.

(B) Initiation of amendment.

(1) An amendment to the official zoning map may be initiated by adopted motion of County Council, adopted motion of the Joint Planning Commission, the Zoning Administrator, the owner of the property affected, or an authorized agent with written authorization from the property owner.

(2) A request for a zoning map amendment by a property owner or their agent shall be initiated by submittal of a completed application form provided by the Zoning Administrator, accompanied by a copy of the most recently recorded plat for each included parcel and any other relevant supporting information for inclusion in the agenda packet for the Joint Planning Commission, and a filing fee established by resolution of County Council.

(3) An amendment to the zoning ordinance text may be initiated by adopted motion of County Council or adopted motion of the Joint Planning Commission. Any citizen may make a request for a text amendment to either body. Should the Council or Commission choose to act on such request, it shall direct the Zoning Administrator to study the request and present a recommendation at their next regular meeting. At that time, if the Council or Commission chooses to pursue the amendment, it shall direct the Zoning Administrator to prepare the amendment for their consideration at a later meeting.

(4) An identical amendment to the district designation of the same or a portion of the same property for which a rezoning has been denied shall not be initiated more often than once in each 12-month period after denial unless the Joint Planning Commission determines either:

(a) There has been a substantial change in the character of the area; or

(b) Evidence or factors exist which were not considered in the previous deliberations which might substantially alter the basis for the Joint Planning Commission recommendation.

(5) A complete application for amendment must be received at least 2 weeks prior to the Joint Planning Commission meeting in order to be considered at the meeting.

(C) Minimum district size. No amendment shall be initiated which would create a new zoning district with an area of less than 2 acres; except that the minimum area for a PDD (Planned Development District) district shall be 10 acres. The minimum requirement does not apply to extension of an existing district, or addition of any commercial or industrial district to any other commercial or industrial district.

(D) Amendment procedure. The following procedural steps are required for adoption of a text or map amendment; amendments shall be initiated pursuant to division (B).

(1) Amendment ordinance shall be prepared in written form required by County Code.

(2) The proposed amendment shall be referred to Joint Planning Commission for review and recommendation.

(3) Property owners whose land is the subject of a proposed amendment shall be allowed to present oral or written comments to the Joint Planning Commission. If oral or written comments are to be presented by the property owner, the Commission shall give other interested members of the public, including adjoining property owners, 10-days' notice and allow them to comment in the same manner.

(4) Joint Planning Commission review shall include a determination of whether the proposed amendment is in conformity with the Newberry County Comprehensive Plan.

(5) The Joint Planning Commission shall file with County Council its report and recommendation on the proposed amendment within 30 days after receipt. If the Commission does not make a recommendation to approve, approve with conditions, deny, or defer a decision on a proposed amendment within 30 calendar days after the petition has been referred to it, then the Commission shall be considered to have recommended approval of the proposed amendment.

(6) Notice of a public hearing before County Council shall be published in a newspaper of general circulation in the County at least 15 days prior to hearing.

(7) Notices of public hearing shall be posted on or adjacent to property to be rezoned at least 15 days prior to the hearing, with 1 notice visible from each street bordering the property. Posted notices shall contain letters not less than 1 inch in height.

(8) Notice of public hearing shall be mailed at least 15 days prior to the hearing to adjacent landowners and groups which have filed a written request for notices.

(9) County Council may introduce an amendment ordinance for first reading and hold a public hearing on the same date. Joint Planning Commission recommendation shall be reviewed and considered.

(10) County Council, after receiving the recommendation of the Joint Planning Commission, shall within a reasonable time either reject the proposed amendment or approve the proposed amendment, with or without modifications, or defer action until it has time to consider any new evidence. County Council may adopt or reject the amendment ordinance per the requirements of § 31.57 of the Newberry County Code of Ordinances. Map amendments may be adopted or rejected for all or any portion of the property; however, a zoning district designation which was not included in the public notices shall not be adopted. An amendment may be withdrawn in writing by the initiator at any time prior to final action by County Council. A withdrawn amendment is not subject to the 12-month limitation in division (B)(4).

(11) Following action by County Council, any necessary changes per the amendment shall be made to the copy of the zoning ordinance maintained by Zoning Administrator and in the official copy of the County Code maintained by the County Clerk to Council. All adopted map amendments shall be reflected on the official zoning map.

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

The requirements of this subchapter shall apply to all special exceptions listed in § 153.073(D) - Zoning District Table of Permitted Uses, as applicable. Requests for a special exceptions shall be submitted to the Zoning Administrator and reviewed by the Board of Zoning Appeals, per the requirements of § 153.053 - Special Exceptions. Conditions imposed on conditional uses shall also be imposed on special exceptions, where applicable, for the same use and in the same manner.

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

§ 153.137 R2 RURAL DISTRICT SPECIAL EXCEPTIONS.

(A) Penalties generally. Where any building, structure or sign is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, sign or land is or is proposed to be used in violation of this chapter, the Zoning Administrator may in accordance with the provisions of S.C. Code § 56-7-80, as amended, issue an ordinance summons, or institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate the violation or to prevent the occupancy of the building, structure or land. Each day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense.

(B) Specific remedies. Specific remedies for the violation of any provision of this chapter include the following:

(1) Permit revocation. The Zoning Administrator may revoke any zoning permit issued by staff after written notification to the permit holder when violations of this chapter have occurred, when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or site plan, or a permit has been mistakenly issued in violation of this chapter.

(2) Misdemeanor; penalties. It shall be unlawful for any person to use property, or to construct, alter, enlarge, or demolish any structure without a permit or permits required by this chapter. Conviction for violation of this chapter is punishable as a misdemeanor under the general penalty provisions of the county code.

(3) Withholding of permits. The Zoning Administrator shall deny a zoning permit for any use or work which fails to comply with this chapter. The Zoning Administrator or other appropriate official shall withhold all other county permits for work which violates this chapter.

(4) Stop-work orders. The Zoning Administrator is authorized to issue a stop work order pursuant to S.C. Code § 6-29-950(B) requiring work to cease until specific code violations are corrected. Failure to comply with a stop work order of the Zoning Administrator is a misdemeanor punishable under the general provisions of the county code. Issuance of a stop work order may be appealed to the Board of Zoning Appeals.

(5) Criminal penalties. Any person violating any provision of this chapter shall upon conviction be guilty of a misdemeanor and shall be fined as determined by the court for each offense.

(6) Injunction. Enforcement of the provisions of this chapter may also be achieved by injunction. When a violation occurs, the Zoning Administrator may, either before or after the institution of other authorized action, apply to the appropriate division of court for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.

(7) Order of abatement. In addition to an injunction, the Zoning Administrator may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:

(a) Buildings or other structures on the property be closed, demolished, or removed;

(b) Fixtures, furniture or other moveable property be moved or removed entirely;

(d) Any other action be taken that is necessary to bring the property into compliance with this chapter.

(C) Complaints. A written complaint specifying facts showing a violation of this chapter filed by any person shall be investigated by the Zoning Administrator. Upon determination that a violation has occurred, the Zoning Administrator shall take appropriate enforcement action authorized by this chapter.

(D) Ordinance summons. The Zoning Administrator is authorized to issue an ordinance summons pursuant to county code provisions for violations of this chapter.

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

The following zoning districts are hereby established.

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)

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 conditions as listed in § 153.089 - R2 Rural Conditional Uses are met. If the single structure or combination of structures to be included in the proposed non-residential use exceeds 3,000 square feet in gross floor area, it must be permitted by special exception, provided the Board of Zoning Appeals finds that the conditions provided in § 153.089 - R2 Rural District Conditional Uses are met, in addition to applicable considerations as provided in division (A).

(A) Additional considerations for approval by special exception shall include, but are not limited to:

(1) Proposed size of the structure;

(2) Proposed location of the structure;

(3) Type of and classification of use proposed;

(4) Distance to existing residences or residentially zoned properties;

(5) Hours of operation, to include deliveries and shipping;

(6) Projected number of employees for largest shift.

(7) Probable sensory impacts to neighboring properties including, but not limited to: noise, odor, vibration, light and glare;

(8) Primary vehicular access on a paved arterial or collector road; and

(9) Traffic impacts including, but not limited to: deliveries, shipping, customers, and workers.

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

§ 153.138 DWELLING, MULTI-FAMILY.

(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
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)

Multi-family buildings and developments shall meet the following requirements where permitted by special exception.

(A) A minimum setback of 100 feet is required from all property lines and the road right-of-way.

(B) A buffer of at least 50 feet in width is required along the side and rear property lines.

(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. Access drives to all dwellings shall be of sufficient width to allow access by emergency vehicles.

(F) All off-street parking areas and driveways must be paved with asphalt, concrete, brick pavers, or permeable pavements including interlocking paving systems and porous pavement as approved by the Zoning Administrator.

(G) A minimum of 20% of the development site area shall be designated as open space and shall meet the requirements of § 153.185 - Open Space.

(H) The use will not substantially injure the value of adjoining properties.

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

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

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

§ 153.139 MANUFACTURED HOME PARKS.

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)

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)

Manufactured home parks may be permitted by special exception in the RG zoning district, provided the Board of Zoning Appeals finds that the following conditions are met.

(A) Manufactured home parks shall meet the requirements specified in the Chapter 154 -Subdivision Regulations of the Newberry County Code of Ordinances.

(B) Area. A manufactured home park shall contain a minimum of 8 acres.

(D) Unit space. A minimum of 7,500 square feet is required per each manufactured home space.

(E) Space size. Each manufactured home space shall be a minimum of 50 feet in width and 150 feet in length, indicated by permanent flush markers at each corner.

(F) Open space. There shall be at least 2,500 feet of common open space for each acre or major fraction of an acre in the park, as provided in § 153.185 - Open Space.

(G) Access road. All home spaces shall be accessible by an interior roadway at least 66 feet wide, with unobstructed access to a public road. Roads shall comply with Chapter 154 - Subdivision Regulations of the Newberry County Code of Ordinances and with the Newberry County road acceptance ordinance.

(H) Parking. Two parking spaces per unit shall be provided on or adjacent to each manufactured home space, with car stops for head-in parking, in addition to adequate turn-around space. Parking space may be provided on 1 side of a private driveway at least 34 feet in width, and on both sides of a private driveway at least 43 feet in width.

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

(J) Setback for manufactured home parks. All manufactured home sites and other facilities associated with the manufactured home site shall be setback a minimum of 100 feet from all property lines and the road right-of-way.

(K) Unit setbacks and clearances. Each manufactured housing unit shall have the following setbacks:

(1) Front yard: 25 feet.

(2) From abutting driveway: 15 feet.

(3) From adjacent units: 20 feet on the side and rear.

(4) Accessory structures shall be at least 4 feet from the unit space line and 20 feet from common buildings such as offices or laundry facilities.

(L) Buffers. A buffer of at least 50 feet in width is required along the rear and side property lines of all manufactured home parks.

(M) Screening. Manufactured home parks shall be screened along the side and rear park property lines by an opaque wall or fence of commercial grade at least 5 feet high per the requirements of § 153.183 - Screening. The screen shall be installed within the required buffers along the side and rear park property lines.

(N) Park occupancy. Construction of required driveways, utilities, unit spaces and other improvements shall be completed for at least 25 percent of the manufactured home spaces shown on the site plan before any part of the park is occupied.

(O) Site plan required.

(1) A site plan drawn to scale of 1 inch to 40 feet or larger, showing the details of development, shall be submitted with an application for a manufactured home park showing compliance with all conditions imposed by this chapter. The site plan shall include the following information:

(a) Total park area, including shape and dimensions of the site and a north arrow;

(b) Location and dimensions of access roads, proposed driveways, entrances, exits, walkways, unit spaces, stands, parking areas, refuse receptacles, recreation areas, open space, screening and landscaping;

(d) Tax map number and zoning district; and

(e) Owners and zoning districts of adjoining properties.

(2) The site plan must comply with all applicable regulations before a permit can be issued.

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

§ 153.140 CORRECTIONAL INSTITUTIONS.

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)

Correction institutions, not including county or municipal facilities, may be permitted by special exception in the R2 and GC zoning districts provided the Board of Zoning Appeals finds that the following conditions are met.

(A) All structures, outdoor exercise areas, or any other facilities associated with the use shall be setback a minimum of 500 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

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

(D) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use in the R2 zoning district.

(E) The use will not substantially injure the value of adjoining properties.

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

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

§ 153.141 CAMPGROUNDS AND RECREATIONAL VEHICLE (RV) PARKS, COMMERCIAL.

Commercial campgrounds and recreational vehicle (RV) parks may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.

(A) Commercial Campground and RV Park facilities may include a residence for the owner/manager of the premises; utility hook-ups; accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities; and recreational vehicles (including travel trailers) in designated spaces.

(B) All campground and RV park facilities, including structures, camping sites, RV camp/parking sites, and other facilities associated with the use 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.

(C) All campground and RV park facilities, including structures, camping sites, RV camp/parking sites, man-made uses, and other facilities associated with the use 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.

(D) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use.

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

(F) The use will not substantially injure the value of adjoining properties.

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

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

§ 153.142 RACETRACKS, STADIUMS, SPECTATOR SPORTS COMPLEXES, PERFORMING ARTS FACILITIES.

Racetracks, spectator sports complexes, stadiums and performing arts facilities may be permitted by special exception as provided in § 153.073(D) - Zoning District Table of Permitted Uses, provided the Board of Zoning Appeals finds that the following conditions are met.

(A) Minimum size of the property is 1 acre.

(B) All structures, fields of play, racetracks, and performance or exhibit areas shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

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

(E) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use in the R2 zoning district.

(F) The use will not substantially injure the value of adjoining properties.

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

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

§ 153.143 ZOOS.

Zoos may be permitted by special exception as provided in § 153.073(D) - Zoning District Table of Permitted Uses, provided the Board of Zoning Appeals finds that the following conditions are met.

(A) Minimum size of the property is 5 acres.

(B) All structures, pens, enclosures, and any other area of primary activity associated with the use shall be setback a minimum of 200 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

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

(E) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use in the R2 zoning district.

(F) The use will not substantially injure the value of adjoining properties.

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

§ 153.144 SEXUALLY-ORIENTED BUSINESSES.

Sexually oriented businesses may be permitted by special exception in the GC zoning district, provided the Board of Zoning Appeals finds that the following conditions are met.

(A) Purpose. It is the purpose of this section to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Newberry County, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually-oriented businesses within the county. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually-oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(B) Description and Additional Regulation. For the purposes of defining and describing the types of establishments and activities regulated by this section, the description and definitions found in Chapter 111 of the Newberry County Code of Ordinances § 111.01 shall apply. All sexually-oriented businesses shall be subject to all requirements as set out in Chapter 111 in addition to regulations stipulated in this chapter.

(C) Applicability. Sexually-oriented businesses include, but are not limited to those listed in Chapter 111 and any other establishment which contains activities characterized by the performance, depiction, or description of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas. Each sexually-oriented business is considered a separate business regardless of ownership and must meet all zoning requirements including location.

(D) Qualification and Inspections Required. Prior to the issuance of a certificate of zoning compliance required for a certificate of occupancy, the applicant must be qualified by the Sheriff's Department and pass all inspections as set forth in Chapter 111. In addition, the applicant shall submit evidence that the premises have been found to be in compliance with applicable laws administered by the Health Department, Fire Department, and Building Official.

(E) Location. Sexually-oriented businesses shall be located only in accordance with the following standards:

(1) At least 1,000 feet from any residential use, church, day-care center, retirement center, nursing care facility, hospital, public or private elementary or secondary education school, public park, public library, cemetery, or family-oriented recreation facility, including, but not limited to, a public swimming pool, a roller skating rink, or a motion picture establishment which shows G-rated or PG-rated movies to the general public on a regular basis, regardless of jurisdiction.

(2) At least 1,000 feet from any other sexually-oriented business, regardless of jurisdiction. Only 1 sexually-oriented business is permitted per structure. Each sexually-oriented business is considered a separate business regardless of ownership.

(F) Measurements of distance. Separation shall be in a straight line from the closest points of the buildings or outdoor areas in which the sexually-oriented business activity takes place to either:

(1) The closest point of the building in which the residential use, public library, motion picture establishment, or other sexually-oriented business is located; or

(2) The closest point of the property line of a church, day-care center, public or private elementary or secondary education school, public park, or cemetery.

(G) Signage and exterior decoration/design.

(1) It shall be unlawful for the owner or operator of any sexually-oriented business or any other person to erect, construct, or maintain any sign other than as provided herein.

(2) Signs and exterior decoration/design shall contain no photographs, silhouettes, drawings, titles, graphic or pictorial representations in any manner of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.

(3) Each sexually-oriented business must display at least 1 sign, easily discernible prior to entering the establishment, which identifies it as such by using the word adult (for example, adult bookstore, adult cabaret, adult entertainment, and the like).

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

In order to promote careful landscaping of outdoor areas, soften and enhance the manmade environment, reduce summer heat and provide shade, and to assist with stormwater drainage, the following minimum standards shall apply in all zoning districts where landscaping is required, unless otherwise noted.

(A) General standards.

(1) All required plantings installed shall be:

(a) Nursery grown stock that is free from pests or growth problems;

(b) Installed and maintained according to best management practices and standards set forth by the American Nursery and Landscape Association, ANSI Z60.1-2004, as amended;

(d) Selected from the list of preferred plant species for Newberry County unless otherwise certified by a licensed landscape architect or arborist as suitable for Newberry County's climate and comparable in habit and growth rate to a plant included in the list of preferred plant species for Newberry County.

(2) All required landscaping shall be included in the required site plan as provided in § 153.184(G) - Site plan required.

(3) The use of native species and related cultivars is encouraged.

(4) Clustering and/or random spacing of plants and trees is encouraged to produce a natural appearance in the landscape, except where uniformity is required for opaque screening.

(5) Landscaping, including berms, shall be installed and maintained so as not to interfere with the sight distance requirements of this zoning ordinance or the sight distance needs of vehicular traffic in parking areas and at entrance and exit locations.

(6) Shrubs and trees shall be installed no closer than 2 feet to a curb, gutter, sidewalk or building. Small maturing trees shall be planted no closer than 10 feet to a building, medium maturing trees no closer than 20 feet to a building and large maturing trees no closer than 25 feet to a building, unless otherwise required in § 153.184 - Landscaping.

(7) Shrubs shall not be planted within 6 feet of tree trunks.

(8) In landscaped areas adjacent to parking spaces or street curbs, no plant material with the potential to reach over 6 inches in height may be located within 12 inches of the curb or other protective barrier. This is intended to protect planted materials from damage by car bumpers and car doors.

(9) The Zoning Administrator will conduct inspections as needed to determine that required landscaping is properly installed and maintained as provided in this chapter.

(B) Tree size. The following standards shall apply to all required trees at the time of planting.

Required Tree Size at Time of Planting
Type	Minimum Caliper1
Large Maturing Tree	1.5 inches
Medium Maturing Tree	1.5 inches
Small Maturing Tree	1.0 inches
1 Caliper shall be measured 6 inches above the ground

(C) Existing vegetation. Except when necessary to provide access to a site or to insure the safety and security of people and property, every reasonable effort shall be made to protect and retain existing vegetation in required buffers and setbacks, except in planned roadways, driveways, and drainage ways.

(1) Existing vegetation incorporated into landscaping requirements. Existing vegetation may count towards meeting the landscaping requirements of this section as long as such are:

(a) Free from pests or structural problems;

(b) Clearly shown on the site plan;

(d) Not considered invasive or noxious plants; and

(e) Adequately protected before and during grading and development of the site.

(2) Protection during development required. Prior to construction, grading or other land disturbing activity, substantial protective barriers shall be placed around the root protection area of all trees and shrubs to be saved and incorporated to meet landscaping requirements.

(a) Plant protection plan required. A plan for protection of existing vegetation shall be submitted and approved by the Zoning Administrator prior to clearing, grading or development of the site.

(b) Protection during development required. All existing trees included in tree requirements for parking lots must be protected from damage by the property owner by the establishment of a tree protection zone. A tree protection zone for each tree, at a minimum, shall be equal to a 2 foot radius on the ground for every inch of diameter at breast height (DBH) of the tree. The tree protection zone 2017 S-13shall be protected by a sturdy, durable, and visible fence installed before any land disturbance begins and in place during all phases of development and construction. Each tree protection zone must be designated as such with signs posted visibly on all sides of the fenced protection area, with lettering and colors that provide maximum readability in terms of distance and contrast.

(D) Irrigation. All newly-planted and relocated trees and plant material shall be watered by permanent irrigation systems and shall be watered sufficiently to ensure healthy growth and longevity in the landscape.

(E) Exceptions. The Zoning Administrator may alter the requirements of this section as long as the existing features complement or enhance the spirit and intent herein, to reasonably accommodate the following circumstances.

(1) In the event that unusual topography or elevation of a development site, the size of the parcel to be developed, the soil or sub-surface condition of the site, or other existing conditions on the site would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impractical to install and maintain the required landscaping. Such alterations may occur only at the request of the property owner, who shall submit a plan to the Zoning Administrator showing existing site features that would prevent adherence to the requirements of this section, the requirements of this chapter that would be difficult or impossible to meet, and proposed alternatives to the requirements that would ensure that the spirit and intent of these landscaping regulations will be met.

(2) The Zoning Administrator may require changes to any planting schedule or plant size requirement and may require plant substitution when, in their opinion, the size, nature, and/or spacing of plantings will compromise the safety and security of the public.

(3) The Zoning Administrator may approve revisions to landscaping in an approved site plan in order to accommodate seasonal planting problems or a lack of plant availability as long as:

(a) There is no significant reduction in the quantity of plant material;

(b) There is no significant change in the size or location of plant materials; and

(c) The plant substitutions are of the same general category and have the same general design characteristics (growth rate, habit, etc.) as the materials being replaced.

(F) Landscape and tree installation and maintenance responsibility. All landscape materials required or installed voluntarily by the developer, whether used for screening, property buffers, road buffers, or other required landscaping areas shall be properly installed and maintained by the property owner. Maintenance includes all actions necessary to keep landscaping materials healthy, neat and orderly in appearance, and free of litter and debris. Any landscape material lost, stolen, or vandalized, or which has died or become irreparably or irreversibly damaged, by disease, pests, or for any other reason shall be removed and replaced unless, in the determination of the Zoning Administrator, the maturity of the remaining vegetation compensates for the loss of an individual shrub or tree, thereby causing the intent of the landscape standard to still be met without replacement.

(G) Site plan required. A site plan, drawn to scale, is required for all landscaped areas as required in § 153.184 - Landscaping. The site plan shall include the following elements.

(1) A scale bar and north arrow.

(2) Property boundaries for the project site.

(3) Location of adjacent property lines of existing residential uses and residentially zoned properties.

(4) Existing adjacent streets (including names) and rights-of-way.

(5) Existing berms, walls, fences, and natural areas/vegetation to be incorporated into the required landscaping and screening.

(6) Required buffers and setbacks on the project site.

(7) Existing and proposed above ground utility lines that would impact required tree planting.

(8) Location, dimensions, and composition (plants, ground covers, materials, etc.) of all required landscaping, to include plant species and size, and all proposed berms, fences, or walls.

(9) Proposed driveways, roads, parking lot design (including spaces, medians, walkways, curbs, etc.), additional parking not in a parking lot, loading areas, and other areas of note within required buffers and planting areas.

(H) Landscaping in the Corridor Protection Overlay District. The landscaping standards included in this section shall apply, as appropriate, to all required landscaped areas in the Corridor Protection Overlay District (CPO). Landscaping shall be provided for all new industrial and commercial uses and large subdivisions (10 or more lots) and all industrial and commercial uses expanded by more than 25% that are located within the CPO.

(1) Road buffers. The following landscaping is required within required road buffers in the CPO as identified in § 153.182(I) - Road Buffers.

(a) Large maturing trees shall be planted unless overhead utility lines or other factors require the use of medium or small maturing trees, as approved by the Zoning Administrator. Fractions generated by applying the minimum number of plants to the actual linear footage of the buffer shall be rounded up to the next whole number. (For example, 125 feet of buffer length would be required to have 2 large trees or 3 medium trees or 4 small trees.) Existing trees may be included in this calculation, if the trees are healthy and structurally sound, are more than 12 inches in diameter at breast height in size, and are located within the road buffer area. The planting schedule for road buffers shall be as follows:

PLANTING SCHEDULE FOR ROAD BUFFERS
Type	Minimum Number Per Linear Foot of Road Buffer
Large Maturing Trees	0.015
Medium Maturing Trees	0.04
Small Maturing Trees	0.06

(b) In addition to the tree planting requirements, a minimum of 30% of the buffer area shall be planted in a combination of approved shrubs, perennials, ornamental grasses, live ground cover, or turfgrass, except that additional plantings may not be required in significant forested areas maintained within the road buffer if so approved by the Zoning Administrator. All other areas, including bare ground under trees, shall be covered in a minimum of 3 inches of mulch, turfgrass, live ground cover, or a combination of these elements. Spacing and arrangement of plant material must be primarily based on the mature dimensions of the plants. Plant materials shall be designed and installed in a manner that provides variability of height at maturity.

(c) Berms shall be allowed to augment required road buffer plantings as long as a minimum of 50% of all required trees and plantings shall be planted along the street front portion of the berm.

(I) Parking lot tree canopy. The intent of the parking lot tree canopy requirements is to break up and soften the appearance of expanses of paved areas and reduce ambient temperatures within off-street parking lots by providing shade.

(1) Applicability. The following standards shall apply to all new off-street parking areas with 10 or more parking spaces and all expansions to existing parking areas which add 10 or more spaces, unless otherwise noted. In an expansion, only the area of expansion is required to be included in the calculations provided in this section.

(2) Required trees.

(a) Large maturing trees must be provided in each of-street parking lot at a minimum average density of 1 tree for every 10 parking spaces in the lot. Fractions shall be rounded to the nearest whole number.

(b) Existing trees. Existing trees may be included in this calculation, if the trees are healthy and structurally sound, are more than 12 inches in diameter at breast height in size, and are located within the tree planting area as described in divisions (3) and (6).

(3) Parking lot perimeter. A buffer of at least 10 feet in width immediately surrounding the off-street parking area, except where the lot is permitted to abut or directly adjoin a building and excluding access points, is required for all off-street parking as regulated by this section. Large maturing trees as required in division (I)(2) - Required Trees may be planted in such buffer areas, as specified in the following subsections.

(4) Responsibility for installation. The property owner of the developing property shall be responsible for all required tree installation and maintenance.

(5) Tree size. Required trees shall be large maturing trees, however smaller trees must be substituted for required large trees whenever a larger tree would interfere with existing overhead utility lines.

(6) Tree location. A minimum of 1 large maturing tree shall be located within 100 feet of every parking space. The measurement shall be taken at breast height for each tree.

(a) No tree may be planted closer than 3.5 feet to the back of a curb or the paved portion of the parking lot.

(b) No required tree shall be planted or installed within an underground or overhead utility easement or a drainage easement without the consent of the county and the easement holder at the time of site plan approval.

(7) Tree planting areas. Each planting area for a required tree shall be pervious, a minimum of 100 square feet in size, and no less than 6 feet in width at any point, with an average width of 8 feet.

(8) Planting areas - design and materials. The area between and immediately surrounding required trees and in tree islands shall be designed and installed in an orderly and attractive manner conducive to the ongoing health of the plant materials, and shall include ground cover, mulch, or plantings including, but not limited to: small maturing shrubs (no more than 2 feet tall at maturity), annuals, perennials, ornamental grasses, turf grasses, or a minimum of 3 inches of landscaping mulch. Bare ground, including areas under trees, shall not be visible within these areas.

(9) Tree planting, maintenance and replacement. Required trees shall be properly maintained by the property owners. Maintenance includes all actions necessary to keep trees healthy, neat and orderly in appearance.

(a) Any trees lost, stolen, vandalized or irreparably or irreversibly damaged, to include disease or pest infestation, or dead shall be removed and replaced. In the event that any tree functioning to meet the standards of division (I) is severely damaged due to an unusual weather occurrence or natural catastrophe, the owner shall have 1 growing season to replace or replant.

(b) Any tree with a diameter at breast height of at least 12 inches which is damaged or removed shall be replaced with a tree which at maturity will have a diameter at breast height of equal size to that tree it is replacing. The size at planting of such replacement tree shall meet the requirements of division (I)(5) - tree size. Replacement trees shall be planted within close vicinity of the tree they are replacing. If the area is too small or in any way not conducive to the health and growth of the new tree, the Zoning Administrator may approve a more suitable location on the site.

(c) All trees shall be installed and maintained to current industry standards as provided by American National Standards Institute (ANSI) and/or the International Society of Arboriculture (ISA) Best Management Practices Series.

(d) In no instance will Newberry County be responsible for the maintenance of any vegetation located on any property that is not owned by the county.

(J) Time for installation of required landscaping and trees.

(1) Time limit. All landscaping as required by this zoning ordinance shall be completed in accordance with the approved site plan prior to issuance of a certificate of occupancy for the site.

(2) Extensions and exceptions. The Newberry County Zoning Administrator may grant exceptions and extensions to the above time limit under the following conditions:

(a) Extensions may be granted due to unusual environmental conditions, such as drought, ice, over-saturated soil (deep mud), or inappropriate planting;

(b) Exceptions may be granted due to the substitution or unavailability of tree or plant species or acceptable tree size as specified on the site plan; and

(c) Exceptions may be granted due to circumstances beyond the developer's or property owner's control, such as incomplete construction or utility work to occur in a proposed landscaped area within 30 days after expected site completion. Exceptions may be granted provided that the developer or property owner submits a letter from the utility company to the county stating the estimated installation date.

(3) Inspections. A permanent certificate of occupancy for the development shall not be issued unless the landscaping required under this section is installed in accordance with these standards and in accordance with the approved site plan or subdivision plat.

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

§ 153.145 CHEMICAL AND ALLIED PRODUCTS WHOLESALERS, PETROLEUM BULK STATIONS AND TERMINALS, WHOLESALE.

Chemical and allied products wholesalers (NAICS 424690) and petroleum bulk stations and terminals (NAICS 424710) may be permitted by special exception in the Industrial (IND) zoning district provided the Board of Zoning Appeals finds that the following conditions are met.

(A) The property on which the use will be located must be at least 1 acre in size.

(B) All chemical and allied products facilities and petroleum bulk stations and terminals facilities used in the storage, sale, transfer, production of or in any other way associated with these products must be setback at least 500 feet from any existing residential uses or residentially zoned properties and 100 feet from all other adjacent properties and any road right-of-way and a 50 foot buffer shall be provided around the perimeter of the site.

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

(E) The use will not substantially injure the value of adjoining properties.

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

§ 153.146 SALVAGE, SCRAP AND RECYCLING OPERATIONS.

Salvage and scrap operations, recyclable materials wholesalers, junkyards, and similar used motor vehicle parts wholesalers may be permitted by special exception as provided in § 153.073(D) - Zoning District Table of Permitted Uses, provided the Board of Zoning Appeals finds that the following conditions are met.

(A) The use shall be setback at least 100 feet from any adjoining property line and the public right-of-way and a 50 foot buffer shall be provided around the perimeter of the site.

(B) Primary vehicular access to the use is from a paved arterial or collector road.

(D) No material shall be placed in open storage in such a manner that it is capable of being transferred out by wind, water, or other causes.

(E) All paper, rags, cloth and other fibers, and activities involving the same other than loading and unloading shall be within fully enclosed buildings.

(F) All materials and activities not within fully enclosed buildings shall be enclosed by an opaque screen at least 8 feet in height, excluding points of ingress or egress. Such screening shall adhere to the requirements of § 153.183 - Screening.

(G) Open dumping of garbage shall be prohibited.

(H) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use in the R2 district.

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

(J) The use will not substantially injure the value of adjoining properties.

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

§ 153.147 MOVIE THEATERS, DRIVE-IN.

Drive-in movie theaters may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals find that the following conditions are met.

(A) All structures, the projection screen, parking for viewing, and any other area of primary activity associated with the use shall be setback a minimum of 100 feet from any adjacent property with an existing residential use or adjacent residentially zoned property.

(B) Primary access, including all public access, to this use shall be from paved arterial or collector roads.

(D) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use.

(E) The use will not substantially injure the value of adjoining properties.

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

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

§ 153.148 COMMUNICATIONS TOWERS AND ANTENNAS.

(A) Purpose. Approval for new towers, poles, and antennas in the RS, RSV, RSM and RG districts as well as exceptions to height in other districts and waivers to fencing and landscaping requirements may be permitted by special exception granted by the Board of Zoning Appeals after public hearing and findings of fact required.

(B) Consultation. Prior to approving a permit by special exception, the Board of Zoning Appeals may consult with a communication expert for technical review to determine that the standards herein are met.

(C) Conditions. All towers, poles and antennas permitted by special exception shall, in addition to any other reasonable conditions placed upon the permit by the Board of Zoning Appeals, meet all conditions required in § 153.108(C) except that height, fencing and landscaping may be established on a case-by-case basis through the issuance of the special exception permit.

(D) Limitations on special exception permits.

(1) If additional tower height is required, total tower height will not exceed 150% of the maximum height permitted in the district as a conditional use.

(2) The Telecommunications Act of 1996 requires that a denial of permit be supported by substantial evidence; therefore, the Board shall make appropriate findings based upon the evidence submitted outlining the reason for denial.

(3) The Board of Zoning Appeals may only waive fencing requirements if it determines that the fencing serves no useful purpose.

(4) The Board of Zoning Appeals may waive any or all of the screening requirements only upon determining that the existing topography or existing natural materials on site will screen the property as effectively as the required screening, provided that the spirit and intent of this subsection are met. The Board may also waive screening on those sides of the proposed tower that are located adjacent to undevelopable property. Such a waiver may not be sought to relieve the screening requirement for towers to be located adjacent to vacant properties or along any public right-of-way. Undevelopable property shall constitute any such property or land that is unable to be used as a building site (e.g., a floodplain, etc.) or public access.

(5) The Board may not grant a variance or waiver from the standards imposed for a communication tower or antenna in connection with granting a special exception, except as permitted expressly in § 153.148(A) above.

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

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED. A structure that has been left vacant or unused or unoccupied for a period of 6 months or longer. It is further provided that the disconnection of electric power for a period of 6 months or longer, or the failure to ever connect such a structure to electric power after it is brought into Newberry County, creates a rebuttable presumption that the property has been abandoned.

ACCESSORY STRUCTURE. A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

ACCESSORY USE. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

AGENT, AUTHORIZED. An agent appointed by a property owner to act as that party's proxy in matters related to land use regulation, as duly authorized in writing.

ALLEY. A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

ANIMAL SHELTER, DOMESTIC. A pen, shelter or structure where dogs or other small domestic animals, not to include horses, cows, goats, swine, sheep, ponies or small horses, grazing animals or fowl are boarded or kept. This definition does not include commercial training or breeding facilities.

AUTOMOBILE SERVICE STATION. Use involving the sale of gasoline, lubricating oils, merchandise such as tires, batteries, auto parts, minor repairs, and may include limited sale of groceries or carwashes, but may not include storage of dismantled or wrecked vehicles for parts.

BAR. Premises used primarily for the sale or dispensing of alcohol for on-site consumption, and where food may be available for consumption on the premises as accessory to the principal use.

BED AND BREAKFAST. An owner-occupied house or portion thereof, where short-term (no more than a week at a time) lodging rooms and meals are provided for no more than 4 guest rooms at any 1 time.

BERM. Any hill or slope which represents a change of elevation of at least 2 feet at a slope of between 25 percent and 50 percent and which is covered with appropriate stabilizing vegetation.

BOARDING HOUSES. Same as rooming and boarding houses.

BODY PIERCING. The creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, navel, or eyebrow. BODY PIERCING for the purpose of this chapter does not include piercing an ear lobe with a disposable, single use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.

BREAST HEIGHT. A measurement of 4.5 feet above ground level.

BREWPUB. A tavern, public house, restaurant, or hotel that produces on the permitted premises a maximum beer per year for sale on the premises in compliance with S.C. Code § 61-4-1700.

BUFFER. A strip of land, that may be improved by landscaping, berms, walls, or fences, or any combination thereof, designed to mitigate the extent of higher intensity land uses on neighboring lower intensity uses. A buffer is an area within which no activity is allowed other than passive recreation and necessary utility and maintenance functions such as transmission lines, underground conduits, or irrigation. The buffer area is described by a linear measurement from the property line inward and will vary depending on the nature of the activity and its location.

BUFFER YARD. A strip of land improved by landscaping or fences, or both, designed to mitigate the extent of higher intensity land uses on neighboring lower intensity uses.

BUILDABLE AREA. That portion of any property that may be used or built upon in accordance with the regulations governing the zoning district within which the property is located when the required front, side and rear yard setbacks, open space, and applicable buffer area requirements have been met.

BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

CALIPER. The diameter measurement of the trunk taken 6 inches above ground level for trees up to and including 4 inch caliper. Caliper shall be measured 12 inches above ground level for larger trees.

CAMPGROUND AND RECREATIONAL VEHICLE (RV) PARK. A commercial facility for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis.

CHANGE OF USE. Any use that substantially differs from the previous use of a building or land.

CHURCH. Any building or structure, or group of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

CIVIC ORGANIZATION. See club, lodge, civic or fraternal organization, fraternity, sorority.

CLUB, LODGE, CIVIC OR FRATERNAL ORGANIZATION, FRATERNITY, SORORITY. An incorporated or unincorporated association for civic, social, cultural, religious, literary, political, or like activities, operated for the benefit of its members and not open to the general public.

CLUSTER HOUSING. A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas or agriculture.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). Agricultural operations where animals have been, are, or will be kept, fed and maintained in confined situations. Animals have been, are, or will be confined for a total of 45 days in any 12-month period and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Feed is brought to the animals rather than allowing the animals to graze or otherwise seek feed in pastures, fields or on rangeland. Designation as a CAFO is per SC DHEC. Structures used for storage of animal waste from animals in the operation are part of the confined animal feeding operations.

CONCENTRATED ANIMAL FEEDING OPERATIONS FOR SWINE, NEW. Porcine production operations not in existence on June 30, 2006 (S.C. Code § 46-45-20).

CONDITIONAL USE. A use permitted in a particular zoning district upon demonstration that the use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in §§ 153.088 et seq. - Conditional Uses.

CORNER LOT. See lot, corner.

CRITICAL ROOT ZONE (CRZ). The area of soil around a tree where the majority of the roots are located and that provide structural stability as well as uptake of water and minerals. In general, the CRZ will be determined by the ratio of radial distance to diameter at breast height (i.e. - 2 radial feet for every 1 inch of diameter at breast height).

CURB CUT. The opening along the curb line where vehicles may enter or leave the roadway.

DAY CARE, CHILD/ADULT. The care, supervision or guidance of a child/adult or children/adults, unaccompanied by the parent, guardian or custodian, on a regular basis, for periods of less than 24 hours per day, but more than 4 hours, in a place other than the child's/adult's own home or homes.

DAY CARE FACILITIES, CHILD/ADULT. Any facility that provides care, supervision or guidance for any minor child or adult who is not related by blood, marriage or adoption to the owner or operator of such a facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to:

(1) CHILD/ADULT DAY CARE CENTER. Any facility that regularly receives 7 or more children and/or adults for day care.

(2) FAMILY CHILD/ADULT DAY CARE HOME. An occupied residence where child and/or adult day care is regularly provided for no more than 6 children and/or adults, unattended by a parent or legal guardian, including those children/adults living in the home and children/adults received for day care who are related to the resident caregiver. This definition does not include an occupied residence in which child and/or adult care is regularly provided only for a child/adult or children/adults related to the resident caregiver, or only for the child/adult or children/adults of 1 unrelated family, or only for a combination of such children/adults.

DEVELOPED LOT. Any lot that has been developed with buildings or other improvements, or for which development approval, such as a final plat approval, a zoning permit, or a certificate of occupancy, has been issued.

DIAMETER AT BREAST HEIGHT (DBH). Measurement of tree trunk diameter taken at breast height, which is measured 4.5 feet above ground level.

DISPLAY AREA OR LOT. Any unenclosed area used for the display of merchandise.

DISTRICT. A geographical area assigned a zoning district designation in accord with the provisions of this chapter.

DRINKING PLACE. Establishment primarily engaged in retail sale of alcoholic drinks for consumption on premises. Sale of food may account for a substantial portion of receipts.

DRIVE-THRU RESTAURANT. Any eating or drinking establishment that, by its structural design, site characteristics, or manner of food service encourages consumption of food or beverages in automobiles on the premises or upon public streets adjacent thereto.

DRIVEWAY. A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building or other structure or facility.

DRIVEWAY, PRIVATE. A privately owned and maintained driveway that provides access to no more than 3 single-family residences.

DWELLING. A structure or portion thereof that is used exclusively for human habitation.

DWELLING, DUPLEX. A building on a single lot containing 2 dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof, and including separate entrances, kitchens and bathrooms for each dwelling unit. This 2-dwelling unit is not physically attached to any other principal structure.

DWELLING, MULTI-FAMILY. A building containing 3 or more dwelling units including, but not limited to, units that are located one over the other.

DWELLING, PATIO HOME. A single-family detached or semi-detached dwelling unit built on a small lot generally enclosed by walls which provide privacy.

DWELLING, SINGLE-FAMILY ATTACHED. A residential structure containing more than 2 dwelling units in which units are physically attached, and each has its own separate exterior entrance way and a separately owned lot. Townhouses and patio homes are included in this definition.

DWELLING, SINGLE-FAMILY DETACHED. A building containing not more than 1 dwelling unit, not physically attached to any other principal structure, and specifically excluding manufactured homes.

DWELLING, TOWNHOUSE. A series of attached single-family dwelling units on separate lots in which each has its own front and rear access to the outside, no unit is located over another unit, each unit is separated from any other unit by 1 or more common vertical walls, and which may or may not have a common roof.

DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household.

DWELLING, ZERO LOT LINE. A residential building containing not more than 1 dwelling unit on an individual lot, is not physically attached to any other principal structure, and which instead of being centered on the lot is placed against at least 1 of the side lot lines.

EASEMENT. A grant of 1 or more property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.

ENLARGEMENT. An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements.

FAMILY. One or more persons residing in a single dwelling unit. Unless all members are related by blood, marriage, or adoption, no such family shall contain more than 3 persons. Domestic servants, required medical personnel employed on the premises, or children in approved foster care may be housed within the single dwelling unit without being counted as family or families. Pursuant to South Carolina Code of Laws § 6-29-770(E), Homes for the Handicapped (see definition in this Chapter) are to be perceived as a family as if related by blood or marriage.

FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS. Regulations promulgated by the Department of Housing and Urban Development (HUD) governing the design and construction, strength and durability, transportability, fire resistance, energy efficiency, and quality of manufactured housing. These standards also set performance requirements for heating, plumbing, air conditioning, thermal, and electrical systems.

FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

FORESTED AREA. An area covered with trees and undergrowth.

FRATERNAL ORGANIZATION, FRATERNITY. See club, lodge, civic or fraternal organization, fraternity, sorority.

FREESTANDING SIGN. See sign, freestanding.

FREESTANDING TOWER. A wireless communications support structure with no guy wires. This can be either a lattice or monopole tower.

GARAGE. A deck, building, or parking structure, or part thereof, used, or intended to be used for the parking and storage of vehicles.

GRADING. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.

GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating 2 buildings, but excluding any space where the floor-to-ceiling height is less than 6 feet.

GROUND COVER. Any plant material that serves to prevent soil erosion by covering large areas of ground, and which does not grow beyond 12 inches in height.

GUYED TOWER. Any variety of wireless communication support structures using guy wires connecting above grade portions of a communication support structure diagonally with the ground or the structure on which the tower is placed. The purpose of the wire guys is to provide support for wireless communications towers, antennas, and connecting appurtenances.

HELIPAD. An identifiable area on land, water, or a structure, including any buildings or facilities thereon, used or intended to be used for the landing and take-off of helicopters or other tilt rotor aircraft.

HOME FOR THE HANDICAPPED. Pursuant to the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code § 6-29-770, a home serving 9 or fewer mentally or physically handicapped persons, providing 24-hour care, and approved or licensed by a state agency, department or under contract with the agency or department, is exempt from local zoning ordinance requirements. Residents of such a home are perceived as a natural family, as if related by blood or marriage. Approval and licensing for such use is by the appropriate state agency, as provided in S.C. Code § 6-29-770.

HOME OCCUPATION. An occupation, profession, or trade customarily and commonly carried out by an occupant in a dwelling unit as a secondary use that is clearly incidental and subordinate to the residential character of the dwelling unit.

HOTEL. A building in which lodging for pay is offered to the public, with or without meals, for transient or permanent guests, including a motel or tourist court containing 5 or more guest rooms.

INTENSITY OF USE. The number of dwelling units per acre for a residential development and the amount or degree of activity for commercial and industrial development.

JUNK. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or abandoned.

JUNK, SALVAGE, SCRAP, OR WRECKING YARDS. Any use involving storage or processing of inoperable, disused, dismantled, or wrecked vehicles, equipment, or machinery or the storage or processing of scrap metal, waste paper, rags, food processing wastes, construction wastes, industrial wastes, secondhand building materials, or other scrap, salvage, waste, or junk materials.

KENNEL. A commercial establishment where dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

LAND DISTURBANCE. Any activity that changes the physical conditions of land form, vegetation and hydrology, creates bare soil, or otherwise causes erosion or sedimentation. Such activities include, but are not limited to clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging and storing of materials.

LANDFILL. Per SC DHEC Regulation 61-107.19: Solid Waste Landfills and Structural Fill, a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well.

(1) CLASS ONE LANDFILL. A landfill used solely for the disposal of trees, stumps, wood chips, and yard trash that is generated from land-clearing activities, excluding agricultural and silvicultural operations when generation and disposal are on site.

(2) CLASS TWO LANDFILL. A landfill used for the disposal of environmentally safe waste, as determined by SC DHEC, as may be generated by construction, demolition, land-clearing, industrial, and/or manufacturing activities, and/or obtained from segregated commercial waste. A listing of such materials is included in Appendix 1 of Regulation 61-107.19. However, any materials listed in that appendix that have been contaminated by any hazardous constituent as listed in the S.C. Hazardous Waste Management Regulations 61-79.261, or petroleum products, are prohibited from disposal at a Class Two Landfill.

(3) CLASS THREE LANDFILL. A landfill that accepts municipal solid waste, industrial solid waste, sewage sludge, nonhazardous municipal solid waste incinerator ash and other nonhazardous waste.

LATTICE TOWER. A wireless communications support structure that consists of a network of vertical and horizontal supports and crossed metal braces, forming a tower which is usually triangular or square in cross-section.

LOT. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

LOT AREA. The total area within the property lines of a lot, excluding any street right-of-way.

LOT, CORNER. Any lot that is bounded on 2 or more consecutive sides by road rights-of-way which intersect at an angle of 135 degrees or less.

LOT COVERAGE. The area of the lot, which when viewed directly from above would be covered by all principal accessory buildings and structures.

LOT FRONTAGE. The front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided upon that basis. The phrase "street frontage" shall be interpreted to have the same meaning as the phrase "lot frontage."

LOT, INTERIOR. A lot other than a corner lot, with only 1 frontage on a street.

LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

LOT LINE, REAR. The lot line opposite and most distant from the front lot line.

LOT OF RECORD. A lot defined by plat or described by metes and bounds which has been duly recorded with the County Clerk of Court.

LOT, REVERSE FRONTAGE. A through lot that is not accessible from 1 of the parallel or nonintersecting streets upon which it fronts.

LOT, THROUGH. A lot that fronts upon 2 parallel streets or that fronts upon 2 streets that do not intersect at the boundaries of the lot.

LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.

MANUFACTURED HOME. A manufactured single-family dwelling, or integral part thereof, so constructed that it may be transported, temporarily or permanently affixed to real estate, and comprised of 1 or more components, that meets the National Manufactured Home Construction and Safety Standard Act (42 U.S.C. §§ 5401 et seq.), commonly known as the HUD Code. Manufactured homes in Newberry County must meet the requirements of §§ 150.25 through 150.99 of the Newberry County Code of Ordinances.

MANUFACTURED HOME PARK. A lot providing rented parking space for 5 or more manufactured homes used for dwelling units, including service buildings and facilities. Manufactured home sale or storage lots for unoccupied units are not manufactured home parks.

MINI-WAREHOUSE. A building or group of buildings on a fenced, controlled access lot which contain individual locked compartments for storage of personal property.

MOBILE FOOD TRUCK OR TRAILER. A readily movable, motorized, wheeled vehicle, whether self-propelled or towed, that is designed and equipped to serve store, prepare, or serve, and sell food, other than or in addition to food products identified in the definition of products sold by an ice cream truck.

MOBILE HOME. A manufactured, single-family dwelling, constructed so that it may be transported, and temporarily or permanently affixed to real estate, and that was manufactured prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, effective June 15, 1976.

MODULAR BUILDING. A structure consisting of 2 or more prefabricated components designed to be transported to a lot and placed on a permanent foundation, and which is certified by the South Carolina Building Codes Council as conforming to the International Building Code standards for site built units. A house trailer or manufactured home is not a modular building.

MONOPOLE TOWER. A self-supporting communications tower consisting of a single pole without guy wires or other stabilizers.

MOTEL. A building or buildings where lodging, with or without meals, is offered to the public for consumption, including a hotel, tourist court, or inn.

MULCH. Organic material that is spread on the soil surface, normally around newly planted trees or other areas, to reduce weed growth, to retain soil moisture and moderate soil temperature extremes, to reduce compaction, to prevent damage from lawn-maintenance equipment, to reduce erosion, to improve soil quality and/or to improve aesthetic appearance of the landscape. Mulch can be composed of chipped, ground or shredded organic material such as bark or wood.

MULTI-FAMILY DWELLING. See dwelling, multi-family.

NONCONFORMING. A term applied to lots, structures, uses of land or structures, and characteristics or use of land or structures that were lawful before the passage or amendment of this chapter, but which are prohibited by this chapter or which are not in compliance with the requirements of this chapter.

NOXIOUS PLANT. Any plant that can directly or indirectly injure crops and other useful plants, interests of agriculture or navigation, fish or wildlife resources, or the public health.

OFF-STREET LOADING. Designated areas located adjacent to buildings where trucks may load and unload cargo.

OFF-STREET PARKING. An area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street arranged so that maneuvering incidental to parking shall not be on any public street and so that an automobile may be parked or unparked therein without moving any other automobile.

OPEN SPACE. Unless otherwise defined in this chapter, open space is any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring the open space. Open space shall include recreational areas, greenways, and wooded areas.

OPEN SPACE RATIO. The open space ratio is a measure of the intensity of land use. It is calculated by dividing the total amount of open space within the site by the total site area.

OVERLAY DISTRICT. A zoning district that encompasses 1 or more underlying zones and that imposes additional requirements above those required by the underlying zone.

OWNER. An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

PARCEL. A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.

PARK. An area or facility intended to be used for recreation, exercise, sports, or similar activities or an area intended to enhance the enjoyment of natural features or natural beauty, but specifically excluding commercially operated amusement parks.

PARKING AREA. Any public or private area located under or outside of a building or structure and designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.

PARKING LOT. A public or private open lot for parking motor vehicles as a principal use or as an accessory use to a commercial use.

PERMITTED USE. A use permitted outright by district regulations.

PERMITTEE. A person in whose name a permit has been issued, as well as the individual listed as an applicant on the application for a permit.

PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

PEST. An organism, including but not limited to insects, bacteria or fungi, that is severely damaging, noxious, a nuisance or fatal to a plant or animal.

PLANNED DEVELOPMENT DISTRICT. An area of land wherein a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply. The procedure for approval of the development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans. See § 153.074 for more details.

PLAT.

(1) A map representing a tract of land showing the boundaries and location of individual properties and streets.

(2) A map of a subdivision or site plan.

PORTABLE ON-DEMAND STORAGE CONTAINER (POD). A transportable unit designed and used primarily for temporary storage of building materials, household goods, personal items and other materials, for use on a limited basis, typically delivered and removed by truck. The reuse of a shipping container as included in the definition of Transport Containers for storage is not included in this definition.

PRINCIPAL STRUCTURE OR USE. A structure or use that is significant or primary rather than accessory.

PROHIBITED USE. A use that is not permitted in a zone district.

PUBLIC HEARING. A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

RECREATIONAL. A use that involves a pastime, exercise, diversion or other resource affording relaxation and enjoyment. Common recreational activities include, but are not limited to: hunting, fishing, swimming, boating, camping, hiking, travel, nature study, golf, tennis, horseback riding, participatory sports, spectator sports; viewing or enjoying historic, archaeological, scenic or scientific sites, and the like.

RECREATIONAL VEHICLES. Vehicular-type portable structures without permanent foundation, but with undercarriage, and any necessary axles and wheels continually affixed, that can be towed, hauled, or driven, and are designed as temporary living accommodations for recreational camping and travel use, including but not limited to travel trailers, truck campers, camping trailers, fifth wheel trailers, and self-propelled motor homes.

RESIDENCE. A dwelling.

RESIDENTIALLY ZONED PROPERTY. A property located in the RS, RSV, RSM and RG zoning districts.

RESTAURANT. An establishment where food and drink are prepared, served, and consumed primarily within the principal building.

RETAIL SALES. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of the goods.

RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.

ROAD CLASSIFICATION. Functional road classification is the process by which streets and highways are grouped into classes according to the character of service they are intended to provide. Classifications are provided and updated regularly by the SC Department of Transportation and are based on criteria that include road type and traffic volume.

(1) ARTERIAL ROAD. A road of regional importance or a main road of the community that is expected to carry either heavy vehicular traffic volumes or high-speed traffic or both. Arterial roads form a connected network of continuous routes that provide countywide and regional linkages. Arterials are characterized as having access control, channelized intersections, and signalization. Service to abutting land is subordinate to the provision of travel service.

(2) COLLECTOR ROAD. A road that is used or intended to be used for moving traffic from local roads to arterial roads. Collectors are generally shorter than arterials, but carry high volumes of traffic. Collector roads carry primarily residential traffic, but provide no or limited residential frontage.

(3) LOCAL ROAD. Local roads primarily provide access to adjacent land and road systems of higher classification and travel over relatively short distances as compared to collector roads. The local street system comprises all facilities not assigned a higher classification and offers the lowest level of mobility.

ROAD FRONTAGE. Any strip of land adjacent to a public or private road right-of-way.

ROOMING AND BOARDING HOUSE. Any dwelling, other than a hotel or motel, in which 3 or more persons who are not members of the owner's or operator's family are housed or lodged in rooms used or intended to be used for living and sleeping but not for cooking or eating purposes, for compensation, with or without meals being provided. Any dwelling in which the accommodations are offered in 4 or more rooms shall be considered to be a hotel or motel.

SALVAGE YARD. See JUNK YARD.

SATELLITE DISH ANTENNA. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. The device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, television reception only satellite dish antennas, and satellite microwave antennas.

SCRAP YARD. See JUNK YARD.

SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

SCREENING, OPAQUE. An opaque screen is intended to exclude visual contact with the feature, land use or activity that is required be screened from any property, public street, or right-of-way that is afforded such protection.

SETBACK LINE. The linear distance that establishes buildable and non-buildable area measured inward from the road right-of-way or adjoining property lines. Buildings and other principal structures comprising the activity of the site may not encroach upon this space. However, an accessory activity such as parking or a driveway may be located within the setback unless superseded by a buffer.

SEXUALLY-ORIENTED BUSINESS. An establishment so defined in Chapter 111 of the Newberry County Code of Ordinances.

SHOPPING CENTER. One or more commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.

SHRUB. A deciduous or evergreen perennial woody plant of relatively low height, smaller than a tree, with several major branches arising from near the base of the main stem.

SIGN. Any object, device, fixture, placard, display, or structure, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.

(1) SIGN, ANIMATED. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

(2) SIGN AREA. The area of a sign face.

(3) SIGN, BANNER (OUTDOOR ADVERTISING). A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational, or corporate organizations.

(4) SIGN, BEACON. Any sign with 1 or more beams directed into the atmosphere or directed at 1 or more points not on the same zoning lot as the light source; also, any light with 1 or more beams that rotate or move.

(5) SIGN, BILLBOARD. A type of off-premises sign, generally, but not always, consisting of a rigidly assembled sign, display, or devise, that is affixed to the ground or to a building, the primary purpose of which is to display advertising posters.

(6) SIGN, BUILDING. Any sign attached to any part of a building, as contrasted to a freestanding sign. Examples include, but are not limited to: wall, projecting, suspended, and roof (including integral roof) signs; marquees, canopies, banners, and building markers.

(7) SIGN, CAMPAIGN OR ELECTION. A sign that advertises a candidate or issue to be voted upon on a definite election day and in a local, state, or federal election process.

(8) SIGN, CANOPY. Any sign that is a part of, or attached to, an awning, canopy, fabric or plastic, or structural protective cover over a door, entrance, window, or service area. A marquee is not a canopy (see SIGN, MARQUEE).

(9) SIGN, CHANGEABLE COPY. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the remaining face or the surface of the sign.

(10) SIGN, CONSTRUCTION. A sign placed at a construction site identifying or announcing the names of the building, contractors, architects, engineers, owners, and financial, selling, and development agencies for work involving construction, alteration, or removal.

(11) SIGN COPY. Any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign face.

(12) SIGN, DIRECTIONAL OR INSTRUCTIONAL. An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance," "exit," "parking," "one-way," "warning," "no trespassing," or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.

(13) SIGN, DIRECTION OR INSTRUCTIONAL - PRIVATE. Off-premises signs indicating the location and direction to property available for or under development erected on private property, which may display the names of the owner, developer, builder, or agent.

(14) SIGN, DIRECTORY. A sign other than an identification sign, listing the names, uses, or locations of the various businesses or activities conducted within a building or group of buildings that is centrally located and intended to provide direction

(15) SIGN FACE. That part of the sign that is or can be used to identify, advertise, or communicate information or that is used to attract the attention of the public for any purpose. This definition includes any frame, structural member, or other part of the sign when such is designed or used, including the use of color or lighting, to attract the attention of the public.

(16) SIGN, FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other business entity.

(17) SIGN, FLASHING. A sign that uses an intermittent or flashing light source to attract attention.

(18) SIGN, FREESTANDING. Any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure. Examples include, but are not limited to, ground and pole signs.

(19) SIGN, GOVERNMENT. Any temporary or permanent sign erected and maintained for any governmental purposes.

(20) SIGN, GROUND OR MONUMENT-TYPE. A freestanding sign that extends from the ground or is attached directly to the ground generally for the entire length of its bottom sign face dimension, or that has a support which places the bottom of the sign less than 12 inches from the ground.

(21) SIGN HEIGHT. The distance from the base of the sign at normal grade to the top of the highest attached component of the sign.

(22) SIGN, IDENTIFICATION. A sign that displays only the name, address, and/or crest, insignia, trademark, occupation or profession of an occupant, or the name of any building on the premises.

(23) SIGN, INCIDENTAL. A sign, generally informational, that has a purpose secondary to the use of the zoning lot where it is to be located, such as “no parking,” “entrance,” “loading only,” “telephone,” and other similar directives which are free of any commercial, advertising, or similarly unrelated message.

(24) SIGN, INTEGRAL ROOF. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than 6 inches.

(25) SIGN, KIOSK. A freestanding sign consisting of 3 to 5 sides that lists names of businesses located on a property, in a building, or within the immediate area.

(26) SIGN, KNOCKOUT. An internally illuminated sign on which only the lettering and graphics are transparent to the light.

(27) SIGN, MARQUEE. Any sign attached to, in any manner, a marquee. For purposes of this definition, a marquee is defined as a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

(28) SIGN, MEMORIAL OR PLAQUE. A sign designating the name of a building and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into or attached to a building surface.

(29) SIGN, MONUMENT. A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or solid structural features other than support poles where the base of the sign is on the ground or no more than twelve inches above the adjacent grade.

(30) SIGN, MULTI-FACED. A sign having more than 1 face.

(31) SIGN, NONCONFORMING. Any sign that was legally in existence prior to this chapter and made illegal by this chapter.

(32) SIGN, OFF-PREMISES ADVERTISING. A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured or to an entertainment offered on a site not where the sign is located.

(33) SIGN, ON-PREMISES. A sign that directs attention to a business, commodity, or service, that is conducted, sold, or offered on the premises on which the sign is erected.

(34) SIGN, PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

(35) SIGN, POLE. A freestanding sign that is supported by a pole(s) and otherwise separated from the ground by air.

(36) SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structures, or a sign designed to be transported including but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T- frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.

(37) SIGN, PROJECTING. A sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches beyond the surface of such building or wall.

(38) SIGN, REAL ESTATE. A sign that is used to offer for sale, lease, or rent the premises upon which such sign is placed.

(39) SIGN, RIDER. A sign designed to accommodate other signs suspended from its frame.

(40) SIGN, ROOF. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

(41) SIGN STRUCTURE. The frame supporting a freestanding sign, wall sign, projecting sign, suspended sign, portable sign, marquee sign, or roof sign and poles or supports used to elevate or support the frame.

(42) SIGN, SUSPENDED. A sign that is suspended from the underside of a horizontal plane surface which is supported by such surface.

(43) SIGN, TEMPORARY. A sign that is not permanently installed in the ground or affixed to any structure or building.

(44) SIGN, WALL. Signs attached to, projecting from, or painted on the surface of the wall.

(45) SIGN, WINDOW. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

SITE PLAN. The development plan for 1 or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways, landscaping and open spaces, walkways, means of ingress and egress, circulation, utility services, parking, structures and buildings, signs and lighting, berms, buffers, screening devices, surrounding development, and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

SLAUGHTERHOUSE OPERATION, NEW. An operation, established after May 30, 2006, that slaughters or processes more than 200 million pounds of livestock, hogs, aquatic animals, equine, chickens, turkeys, poultry, or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits, or similar farm animals for commercial purposes (S.C. Code § 46-45-20).

SOLAR COLLECTOR. A device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy for direct power consumption, which may or may not include interconnection with the power grid to offset energy consumption of a principal use.

SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector

SOLAR ENERGY SYSTEM. A complete assembly consisting of 1 or more solar collectors and associated mounting hardware or equipment.

(1) BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to active photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings, or passive systems that are designed to capture direct solar heat.

(2) BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system affixed to either a principal or accessory structure on a lot.

(3) GROUND-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is structurally independent from any building.

SOLAR FARM. A series of 3 or more ground-mounted solar collectors installed on a site for the purpose of converting energy into electrical or thermal energy for on-site and/or off-site energy consumption. The area of the system includes all land inside the perimeter of the system and extends to any fencing. This term does not include building-integrated or building-mounted systems.

SPECIAL EXCEPTION. A use permitted in a particular zoning district upon showing to the Board of Zoning Appeals that the use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter and authorized by the Board of Zoning Appeals.

STACKING SPACE. A stacking lane is an on-site queuing lane for vehicles associated with a drive-through facility, fuel island, car wash, automatic teller machine (ATM), or similar facility. A stacking space is the area needed for 1 vehicle within the stacking lane.

STAY. To stop; to suspend, also known as a stay of proceedings. A stay is a suspension of a case or of a particular proceeding within a case. In the legal context, a stay prevents further action until a prescribed future event occurs.

STREET. A public thoroughfare designed to provide the principal means of access to abutting property, or designed to serve as a roadway for vehicular travel, or both, but excluding alleys.

STRUCTURAL DEFECT, TREE. Any naturally occurring or secondary condition such as cavities, weak branch attachments, cracks or decayed wood in the trunk, crown or roots or a tree that may contribute to structural failure. Structural defects can lead to risk-tree designation based on the type, location, severity and/or number of the defect(s).

STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground, including for purposes of this chapter buildings, mobile manufactured homes, travel trailers, signs, swimming pools, fences, and antennae, but excluding from definition as structures minor landscaping features such as ornamental pools, planting boxes, bird baths, paved surfaces, walkways, driveways, recreational equipment, flagpoles, and mailboxes.

SUBSTANTIAL ENLARGEMENT. The increase in floor area(s) occupied by a use by more than 25%, as the floor area(s) existed at the time of permitting or on December 5, 2001, whichever is later.

SUBSTANTIAL REHABILITATION. The act of rehabilitating a structure or dwelling to the extent necessary to bring the structure or dwelling into compliance with the International Building Code or the Department of Housing and Urban Development's standards for construction of manufactured housing units, whichever applies.

TATTOO. Tattoo or "tattooing" means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments.

TATTOO OR BODY PIERCING ESTABLISHMENT. Any room, space, location, area, structure, or business, or any part of any of these places, where tattooing and/or body piercing is practiced or where the business of tattooing and/or body piercing is conducted.

TEMPORARY. A use that is not permanent. When the term is applied to a residence, a temporary use is not a substitute for a fixed abode.

THOROUGHFARE. Any major arterial road; 1 of the principal routes into and through the community.

TRANSFER OF BUSINESS OWNERSHIP OR CONTROL. This term shall include any of the following:

(1) The sale, lease, or sublease of the business;

(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.

TRANSPORT CONTAINER.

(1) A reusable, fully enclosed and securable unit that is or appears to be:

(a) Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;

(b) Designed or capable of being mounted or moved on a rail car; or

(2) Such containers may have been repurposed as storage after primary use, or intended use, for shipping of goods by truck or ship as described above. A transport container shall not be used for temporary portable on-demand storage as defined by this chapter.

TREE. A woody perennial plant, generally with a single trunk but sometimes having multiple trunks, with the potential to attain a mature size of at least 5 inches in trunk diameter at 4.5 feet above the ground and a height of at least 15 feet.

(1) TREE, LARGE MATURING. A tree, either single or multi-stemmed, which is of a species that at maturity has the potential to reach a height of at least 45 feet during normal growing conditions.

(2) TREE, MEDIUM MATURING. A tree, either single or multi-stemmed, which is of a species that at maturity has the potential to reach a height of at least 25 feet during normal growing conditions.

(3) TREE, SMALL MATURING. A tree, either single or multi-stemmed, which is of a species that at maturity has the potential to reach a height of at least 15 feet during normal growing conditions.

TREE MAINTENANCE. Routine, periodic or occasional activities directed at maintaining or improving a tree's health and condition. Maintenance activities include but are not limited to mulching, pruning, irrigation, fertilization, pest control, cabling and bracing and lightning protection system installation and/or any other accepted arboricultural practice.

TREE PROTECTION. The active protection of a tree's roots, trunk and crown for the purpose of avoiding damage to the living structure and to maintain tree health and structural integrity.

TREE PROTECTION ZONE (TPZ). A defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees before, during and after construction activities. The TPZ is defined by a physical barrier such as fencing, soil berms and signs.

TREE REMOVAL. The cutting of a tree near ground line which removes the tree's trunk and crown. The tree stump and roots may or may not be removed along the trunk and crown.

TREE ROOTS. The below ground portion of a tree that includes large, woody roots that anchor and support the trunk and crown as well as the small, fibrous roots responsible for water and mineral uptake and gas exchange. Roots are generally located within the top 18 inches of soil and may extend out from the trunk 2 to 3 times the width of the crown.

TREE TRUNK. The main woody stem of a tree that connects the roots to the crown and which supports the crown. It functions in the transport of water, minerals and carbohydrates from the crown to the roots and the roots to the crown.

VARIANCE. Relief granted by the Board of Zoning Appeals from the strict application of zoning regulations in an individual case of unnecessary hardship base on factual findings and specific criteria required by law.

VEGETATION. A living organism of natural growth, including, but not limited to, trees, shrubs, groundcovers, vines, grasses (both lawn and ornamental), herbaceous perennials, biennials, annuals, bulbs, ferns, mosses and lichens.

YARD. A required open space established by required setbacks, unoccupied and unobstructed by structures except those specifically permitted.

YARD, FRONT. A yard situated between the front building line and the front lot line extending the full width of the lot.

YARD, REAR. A yard situated between the rear building line and the rear lot line and extending the full width of the lot.

YARD, SIDE. A yard situated between the side building line and the side lot line and extending from the front yard to the rear yard.

ZONE. A specifically delineated area or district within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.

ZONING ADMINISTRATOR. The person designated by the County Administrator to administer this zoning ordinance. Such person may or may not be a county employee.

(Ord. 06-11-16, passed 9-21-2016; Am. Ord. 12-23-18, passed 2-6-2019)

§ 153.149 MANUFACTURING, PETROLEUM AND COAL PRODUCTS AND EXPLOSIVES.

The manufacturing of petroleum and coal products (NAICS 324) and explosives (NAICS 32592) may be permitted by special exception in the Industrial (IND) zoning district provided the Board of Zoning Appeals finds that the following conditions are met.

(A) The property on which the use will be located must be at least 1 acre in size.

(B) Any petroleum or coal production facilities or facilities used in the production of explosives must be setback at least 500 feet from any existing residential uses or residentially zoned properties and 100 feet from all other adjacent properties and any road right-of-way and a 50 foot buffer shall be provided around the perimeter of the site.

(C) All materials and activities not within fully enclosed buildings shall be enclosed by an opaque screen at least 8 feet in height, excluding points of ingress or egress. Such screening shall adhere to the requirements of § 153.183 - Screening.

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

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

§ 153.150 LANDFILL, CLASS ONE AND TWO.

Class One and Two landfills as defined by SC DHEC may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.

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

(B) Any Class One or Two landfill structures or facilities associated with such use must be setback a minimum of 500 feet from any adjacent property lines and a 100-foot buffer shall be provided around the perimeter of the site.

(C) The landfill site, including all materials and activities not within fully enclosed buildings, shall be enclosed by an opaque screen at least 8 feet in height, excluding points of ingress or egress. Such screening shall adhere to the requirements of § 153.183 - Screening.

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

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

(F) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use.

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

§ 153.151 WASTE MANAGEMENT AND REMEDIATION SERVICES.

Waste management and remediation services (NAICS 562) may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.

(A) Containers and other structures or facilities associated with the use shall be setback a minimum of 300 feet from any adjacent property lines and a 100-foot buffer shall be provided around the perimeter of the site.

(B) All applicable conditions required in § 153.089 - R2 Rural District Conditional Uses shall be met for this use.

(D) All materials and activities not within fully enclosed buildings shall be enclosed by an opaque screen at least 8 feet in height, excluding points of ingress or egress. Such screening shall adhere to the requirements of § 153.183 - Screening.

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

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

§ 153.152 CONCENTRATED ANIMAL FEEDING OPERATIONS FOR SWINE, SLAUGHTERHOUSE OPERATIONS.

Concentrated animal feeding operations (CAFO) for swine and slaughterhouse operations as defined by this zoning ordinance may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.

(A) All applicable state and federal regulations are met and required approvals and permits have been obtained. Requirements for CAFOs shall be as required by SC DHEC, per the S.C. Code §§ 46-45-10 through 46-45-80, as amended, unless otherwise provided in this section.

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

(C) New CAFOs for swine and new slaughterhouse operations as defined by this zoning ordinance must meet the following requirements, when not superseded by more stringent DHEC requirements.

(1) New CAFOs for swine shall be separated from another swine CAFO by a distance of no less than 5 miles.

(2) The use shall not be injurious to the use or enjoyment for permitted uses of adjacent property.

(3) The use will not discourage or negate the use of surrounding property for permitted uses.

(4) The use will not substantially injure the value of adjoining properties.

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

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

§ 153.153 AUCTIONS, LIVESTOCK WHOLESALE.

Wholesale auctions of livestock (NAICS 424520 and 424590) may be permitted by special exception in the R2 zoning district provided the Board of Zoning Appeals finds that the following conditions are met.

(A) Structures and animal enclosures shall be setback a minimum of 500 feet from any adjacent property line and a 100-foot buffer shall be provided around the perimeter of the site.

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

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

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

§ 153.154 MINING AND MINING SUPPORT ACTIVITIES.

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

(B) Any mining facilities or facilities used for mining support activities must be setback a minimum of 500 feet from any existing residential uses or residentially zoned properties and a 100-foot buffer shall be provided around the perimeter of the site.

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

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

§ 153.155 MANUFACTURED HOME, TEMPORARY ASSISTANCE.

The temporary use of a manufactured home as housing for a family member who is elderly, infirm, otherwise in need of assistance, or is to be the caregiver for a family member in need of such assistance may be permitted by special exception provided the Board of Zoning Appeals finds that the following conditions are met.

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

(B) Such temporary residence shall be either on the same lot of record or on an adjacent lot of record as the permanent residence in which either the caregiver or infirm relative lives.

(C) If such temporary residence is to be located on the same lot of record, the building lot shall be of sufficient size to permit the location of the manufactured home so that all minimum setback requirements are met without encroaching on the setback requirements of the permanent residence.

(D) The manufactured home shall be occupied by a family member who is infirm, elderly, otherwise in need of assistance, or is to be the caregiver for such family member in need of assistance.

(E) The Board of Zoning Appeals may grant conditional renewal of the permit for the manufactured home every 2 years if the applicant provides proof of hardship to the permitted occupant of the manufactured home or the individual being cared for, based on medical conditions that are supported by a signed physician's statement, setting forth the physician's opinion of the medical necessity for the issuance of the permit.

(F) The temporary permit is issued for the use of the manufactured home by a particular individual and is not transferable. If continued use of the manufactured home for or by another family member or caregiver is requested, a new application must be filed in a timely manner and a new permit granted.

(G) The applicant shall remove the manufactured home from the property or shall undertake appropriate measures to make the manufactured home an allowed use through subdivision or other means provided by county and state regulations:

(1) Within 30 days after the manufactured home is vacated by the individual in need of assistance or the caregiver of such person;

(2) Within 30 days of the expiration of the temporary permit or any extension thereof granted per the requirements of division (E); or

(3) Within 30 days of the expiration of a new permit issued for the manufactured home for another family member or caregiver per the requirements of division (F).

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

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

§ 153.156 SOLAR FARMS.

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 this section and all other applicable sections of this zoning ordinance. At a minimum, the plan must include:

(1) The name of the project, the names and addresses of the owner(s), engineers, and surveyors;

(2) The date, scale, and an accurate north arrow;

(3) The property boundaries, including dimensions and size;

(4) Required setbacks and buffers;

(5) The location of all proposed facilities, including solar collectors and proposed structures;

(6) The 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) The planting plan shall demonstrate that sufficient plantings will be installed so as to screen the solar panels from view from any adjacent right-of-way.

(B) Setback. A minimum setback of 125 feet is required from all road rights-of-way and all adjacent property lines.

(C) Buffer. A buffer of at least 100 feet shall be required from all road rights-of-way and all adjacent property lines, 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 the 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, and annually thereafter, 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.

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

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

(M) The use will not substantially injure the value of adjoining properties.

(Ord. 11-25-2022, passed 12-7-2022)