Temporary Uses are allowed on a provisional, short-term basis and must be discontinued within a set limit of time. Consideration for extension of time shall be through appeal to Council.

1. Temporary Sales. The Zoning Administrator shall be authorized to issue temporary permits for the sale of Christmas trees, fireworks, and other items that are seasonal and temporary in nature. The permit time frame shall not exceed a time period of 60 days.
2. Temporary Public Assembly Uses and Parking for Special Events as Approved by Council. Temporary permits shall be issued only if adequate parking and sanitary facilities are provided to serve the proposed use or activity and if the proposed public assembly meets the requirements of Chapter 72 of the Town Code.
3. Yard Sales. No more than four yard sales shall be permitted per lot, per year. No business license is required for a yard sale.
4. Road side vegetable stands, seasonal farm produce stands selling sweet grass baskets, indigenous produce and related products shall be allowed. A peddler’s license must be purchased.
   

In evaluating an application for a Conditional Use permit, the Planning and Zoning Administrator and/or Town Staff shall apply the following standards:

1. The proposed project must be found to not conflict with the Ravenel Comprehensive Plan.
2. The proposed project must meet all air and water quality standards established by the governmental authorities having jurisdiction over the property.
3. The proposed project must meet all applicable Town standards including, but not limited to, regulations regarding building materials, setbacks, Site Plan review, overlay zoning, screening requirements, sign regulations, business licenses, etc.
4. The proposed project must have access to adequate water and wastewater supply, stormwater facilities, waste disposal, and other public services.
5. The proposed project must obtain adequate permitting for construction, appropriate utility connections, and other required services.
6. The proposed project must provide adequate fire and emergency access.
7. The proposed project must provide adequate vehicular traffic circulations and parking.
8. In a Neighborhood Commercial (NC) or any Residential District, the use must be of a small enough scale in relation to the overall lot size, so that it does not adversely impact existing adjacent residential or agricultural property in any way as determined by the Planning and Zoning Administrator.
9. In the General Business (GB) or Industrial Districts, the use must not adversely impact existing adjacent non-residential, non-agricultural development in any way as determined by the Planning and Zoning Administrator.
   

In evaluating an application for a Special Exception Use, the Board of Zoning Appeals apply the standards for a Conditional Use found in Section 3.1.1 as well as the following additional standards:

1. The proposed use will not endanger the public health, safety, and general welfare or be hazardous to surrounding uses in any way.
2. The proposed use will not unduly impact adjacent residential areas through an increase in illumination, noise, dust, fumes, traffic, or other activity that may cause the proposed use to be a nuisance to the established residential properties.
3. The proposed use must be consistent with the character of the underlying zoning district to the extent that the use will not adversely affect the property values or general character of the nearby area.
4. The proposed use must be found to be harmonious with the Ravenel Comprehensive Plan and/or pending changes to the Comprehensive Plan or other Town standards and codes.
5. The proposed use must be developed in a way that will preserve and incorporate any important natural features of the site.
6. In a Neighborhood Commercial (NC) or any Residential District, the use must be of a small enough scale in relation to the overall lot size, so that it does not adversely impact existing adjacent residential or agricultural property in any way as determined by the Board of Zoning Appeals.
7. In the General Business (GB) or Industrial Districts, the use must not adversely impact existing adjacent non-residential, non-agricultural development in any way as determined by the Board of Zoning Appeals.
   

The following list of specific conditions are the conditions used in Appendix B – Use Matrix to apply to a given use in a given zoning district. In the case of a Conditional Use, the Planning and Zoning Administrator will review and determine the compliance of the condition(s) indicated prior to issuing or denying a zoning permit for the use. In the case of a Special Exception Use, the Board of Zoning Appeals will review and determine the compliance of the condition(s) indicated prior to approving or denying the use request.

Appeals to decisions by Planning and Zoning Administrator are as found in Section 1.15 of the Zoning Code and appeals to decisions made by the Board of Zoning Appeals decisions may be made to Circuit Court of Charleston County in a timeframe as allowed by law.

Various Specific Additional Conditions.

1. A full Site Plan must be approved by the Planning & Zoning Administrator.
2. A full Site Plan must be approved by the Planning & Zoning Commission.
3. A full Site Plan including proof of relevant regulatory agency certifications and sub plans (reuse, drainage, etc.) and permitting documents must be approved by the Town Council of the Town of Ravenel prior to approval by the BZA.
4. All trash containers must be screened from view from any adjacent property or right-of-way.
5. Signage for the use is limited to the business name and logo only.
6. Signage for the use is limited to externally lit signage only.
7. No outside storage of materials, supplies, or equipment.
8. No outside storage or display of products for sale or rent.
9. No outside storage of vehicles, boats, trailers, tractors, or other machinery, whether new, used, damaged, or wrecked.
10. Outdoor storage of damaged/wrecked vehicles is allowed for one night only.
11. No more than two (2) work/business vehicles allowed on site at any time.
12. Storage container stacking is allowed in container yards with approved site plans only.
13. Any trucks Class 4 (14,000 – 16,000 lbs) or larger, or other vehicles of the same weight and size, must be completely screened from adjacent property and right-of-way by a vegetation buffer on the same lot as the use. Buffer specifics will be defined by the underlying zoning district.
14. The use must not include trucks larger than Class 4 (14,000 – 16,000 lbs) or other vehicles or equipment of the same weight and size.
15. The use must not include trucks larger than Class 5 (16,001 – 19,500 lbs) or other vehicles or equipment of the same weight and size.
16. The use must not include trucks larger than Class 6 (19,501 – 26,000 lbs) or other vehicles or equipment of the same weight and size.
17. The use must not include trucks larger than Class 7 (26,001 – 33,000 lbs) or other vehicles or equipment of the same weight and size.
18. The use must not include trucks larger than Class 8 (33,000 lbs and up) or other vehicles or equipment of the same weight and size.
19. The use cannot exceed 8,000 s.f. of production area, not including retail/customer area, building facilities, warehousing, or office areas.
20. The use cannot exceed 15,000 s.f. of production area, not including retail/customer area, building facilities, warehousing, or office areas.
21. The use must include a retail component of at least 10% of their production area s.f.
22. Alcoholic Beverage Sales must be in full compliance with the South Carolina Alcoholic Beverage Act (ABC Act).
23. No on-site product inventory.
24. No outdoor repair or dismantling of vehicles or equipment.
25. All vehicles, boats, RV’s, campers, and other personal property must be fully licensed and registered.
26. If no building is included, the proposed use is limited to 2,500 square feet on lot outdoors.
27. The proposed use is limited to 5,000 square feet, indoors or outdoors.
28. Offices to be located within Model Homes only.
29. Offices to be located on site with an Allowed Use only.
30. The lot on which the use is proposed must be at least 2.5 acres.
31. The lot on which the use is proposed must be at least 5 acres.
32. The lot on which the use is proposed must be at least 10 acres.
33. Use must be separated and completely screened from adjacent property and right-of-way by an 8’ brick, textured concrete, or finished wood decorative fence with screening vegetation and screening trees in a 15’ landscaped buffer yard in front of the fence.
34. The use must not be within 150’ of Savannah Highway or Highway 165 and must be completely screened behind an opaque fence and dense vegetative buffer.
35. Adequate off-street parking must be provided for peak attendance at all events. Shared parking with existing adjacent businesses may be approved per Site Plan Review and evidence of lease or other arrangement.
36. Hours of operation are limited to 7:00 a.m. to 11:00 p.m.
37. All recreational dwellings must be ready for highway use or anchored as per mobile home elevation and anchoring regulations.
38. Limited to a maximum stay of six (6) months.
39. Limited to one additional unit per lot.
40. The use shall be located at least 100’ from a property line or other right-of-way.
41. The use must include a 50’ hard-surface driveway accessible at all times for pull-off traffic.
42. Care for animals no larger than a dog.
43. Overnight boarding only for animals under treatment.
44. Principal building for the use must be soundproofed; noise shall not be audible from outside the building.
45. Principal building for the use must have ventilation system to remove odors.
46. No biological material or waste is to be burned (cremated) on site; it must be removed to an appropriate facility.
47. No more than 5 sleeping accommodation units may be operated.
48. One sign, no more than 3 square feet with one sign face that describes the commercial use on the lot is required.
49. May have separate utilities that meet Town and CWS/DHEC regulations.
50. One additional dwelling unit of any type of dwelling as approved by the Town Code is allowed on a residential lot. Such a unit may be a permanent Secondary Dwelling Unit (SDU) OR a Temporary Dwelling Unit (TDU), not both.
51. An SDU or TDU must be subordinate to the allowed Primary Dwelling and in no case shall be larger than 1,200 sf.
52. One additional off-street parking space is required for the SDU/TDU in addition to the parking spaces required for the existing uses.
53. A porch or deck constructed on either a Primary Dwelling or an SDU/TDU on the same lot must be within all setbacks and must not be located within 15’ of another structure or deck on the same or adjacent lot.
54. An SDU/TDU must meet all setbacks, distance from other structures, height requirements, and other applicable requirements of the Town of Ravenel Zoning Code and Town Code.
55. The Primary Dwelling or the SDU/TDU must be owner-occupied by the land owner and the land owner must provide a Declaration of Covenants and Restrictions (DCR) approved by the Planning & Zoning Commission. A DCR for an SDU must include:
    1. A statement indicating that there are no other covenants prohibiting the SDU/TDU on the lot;
    2. A statement that the owner will occupy the Primary or SDU and, if neither Primary or SDU is owner-occupied, that the units may not be rented separately.
    3. A statement that the owner will not allow subleases of the Primary or SDU.
    4. A statement that the owner will not convert the property into another regime or use the property for short-term rentals.
    5. A statement that the occupancy of the SDU will be limited to no more than two (2) persons of legal age to enter a lease agreement.
    6. A statement of understanding that the legal rights of enforcement by the Town of the DCR are by legal and equitable solutions, including the revocation of a Certificate of Occupancy.
56. A TDU is allowed only for the time period and reasons as approved by the Town Code and will not be issued a permanent Certificate of Occupancy.
    

It is the purpose of this Section to regulate Adult Businesses, also known as Sexually Oriented Businesses in order to protect and promote the health, safety and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of Sexually Oriented Businesses within the Town. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented materials. Similarly, it is not the intent or effect of this Section 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 or effect of this Section to condone or legitimize any use of act which is otherwise prohibited or punishable by law.

1. Findings of Fact.
   1. Sexually oriented businesses generate secondary effects which are detrimental to the public health, safety and welfare. Additionally, sexually oriented businesses are frequently used for unlawful sexual activities, including public sexual indecency, prostitution and sexual encounters of a casual nature. Such businesses are of particular concern to the community when they are located in close proximity to each other, or close to schools, churches or parks and playgrounds.
   2. The concern over sexually transmitted diseases is a legitimate health concern of the Town which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of our citizens.
   3. Live entertainment presented by some sexually oriented businesses involves a considerable amount of bodily contact between patrons and semi-nude and nude employees and dancers, including physical contact, such as hugging, kissing and sexual fondling of employees and patrons. Many sexually oriented businesses have “couch” or “straddle” dancing, and in these “dances,” employees sometimes do such things as sit in a patron’s lap, place their breasts against the patron’s face while physical contact is maintained, and gyrate in such a manner as to simulate sexual intercourse. Such behavior can lead to prostitution. Town Council recognizes that preventing prostitution and the spread of sexually-transmitted diseases are clearly within its police powers: Southeastern Promotions, Inc. verses Conrad, 341 F. Supp. 465, 477 (E.D. Tenn. 1972), reversed on other grounds, 420 U.S. 546 (1975). Town Council believes that prohibiting physical contact between performers and patrons at a sexually oriented business establishment is a reasonable and effective means of addressing these legitimate governmental interests.
   4. Licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations, to facilitate the enforcement of legitimate location and distancing requirements, and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
   5. The location of sexually oriented businesses close to residential areas diminishes property values and leads to conditions that give rise to crime in residential neighborhoods. Many studies performed in other communities indicate conclusively that property crimes and sexual crimes increase significantly in neighborhoods in which a sexually oriented business is located.
   6. It is not the intent of this Chapter to suppress any speech activities protected by the First Amendment or to place any impermissible burden on any constitutionally-protected expression or expressive conduct by the enactment or enforcement of this Ordinance. Rather, it is the intent of Town Council to enact a “content neutral regulation” which addresses the secondary effects of sexually oriented businesses.
2. Terms, as they are used in this Section have the following meanings:
   1. Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically, or mechanically-controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to one or more persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
   2. Adult bookstore, Adult retail store or Adult video store means a commercial establishment which excludes any person by virtue of age from all or part of the premises generally held opened to the public where products or equipment distinguished or characterized by a predominant emphasis or simulation of “specified sexual activities” or “specified anatomical areas” are sold, rented or displayed therein, (unless the business complies with the requirements of 2C herein) or which has, as one of its principal business purposes, the sale or rental for consideration, one or more of the following:
      1. Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas.”
      2. Instruments, devices, paraphernalia or clothing which are designed for use in connection with “specified sexual activities,” excluding condoms and other birth control and disease prevention products. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental, the specified materials which depict or describe “specified sexual activities” or “specified anatomical areas.”
      3. “Adult bookstore,” “Adult retail store” or “Adult video store” does not mean any establishment which displays, rents or sells sexually-explicit materials in an enclosed room equal to less than 10% of the business’s total square footage, and which prohibits anyone under 18 years of age from entering the room.
      4. “Principle business purpose,” as used in this section, means that more than 25% of the “stock in trade” of the business is devoted to the display, rent or sale of items, products or equipment distinguished or characterized by a predominant emphasis on, or simulation of, “specified sexual activities” or “specified anatomical areas.”
      5. “Stock in trade” for purposes of this sub-section shall mean the greater of: (1) the retail dollar value of all items, products or equipment readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or (2) the total volume of shelf space and display area.
   3. Adult cabaret means a nightclub, bar, restaurant or similar commercial eating or drinking establishment, which regularly features:
      1. Persons who appear in a state of nudity.
      2. Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
      3. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
   4. Adult car wash means a car wash where some or all of the employees are semi-nude or nude and/or where “specified sexual activities” occur or “specified anatomical areas” are exhibited.
   5. Adult motel means a hotel, motel or similar commercial establishment which:
      1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” and which may have a sign visible from the public right-of-way which advertises the availability of this type of photographic reproductions, or
      2. Routinely offers a sleeping room for rent for a period of time that is less than eight hours, or
      3. Routinely allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than eight hours, or
      4. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than eight hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this section.
   6. Adult motion picture theater means a commercial motion picture theater, one of whose primary business purpose is, for any form of consideration, to regularly show films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
   7. Adult theater means a commercial theater, concert hall, auditorium, or similar commercial establishment, one of whose primary business purpose is to regularly feature persons who appear in a state of nudity, or which features live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
   8. Certificate of Nonconformity means a certificate issued by the Town of Ravenel to any sexually oriented business which is operating at the time of the enactment of this Chapter, and is not in compliance with one or more of its provisions.
   9. Dancer means an employee of a sexually oriented business who entertains patrons through expressive forms of dance and/or movement.
   10. Employee means an individual working and performing services for any sexually oriented business, including any independent contractor who provides services on behalf of any sexually oriented business to the patrons of such business.
   11. Established or establishment, as used in this Chapter, means and includes any of the following:
       1. The opening or commencement of any sexually oriented business as a new business.
       2. The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business.
       3. The addition of any sexually oriented business to any other existing sexually oriented business.
       4. The relocation of any sexually oriented business.
   12. Health club, as used in this chapter, means a health club where some or all of the employees are nude or semi-nude, or in which “specified sexual activities” occur or “specified anatomical areas” are exhibited.
   13. Licensee means a person in whose name a Sexually Oriented Business Regulatory License to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a Sexually Oriented Business Regulatory License.
   14. Live Entertainment, for purposes of this Chapter, means a person who appears nude, semi-nude, or a performance which is characterized by the exposure of “specified anatomical areas” or “specified sexual activities.”
   15. Nude model studio means any place where a person appears in a state of nudity or displays “specified anatomical areas” and is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration, and such place is not subject to an exemption pursuant to Section 3.1.4.S. herein.
   16. Nude, Nudity or state of nudity means:
       1. The appearance of a bare human buttock, anus, male genitals, or the areola or nipple of the female breast; or
       2. A state of dress which fails to completely cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
   17. Operate or causes to be operated, as used in this Chapter, means to cause to function or to put or keep in operation.
   18. Operator means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business, or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not the person is an owner, part owner, or licensee of the business.
   19. Patron means any person who pays a sexually oriented business any form of consideration for services provided to him or her by a sexually oriented business.
   20. Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
   21. Semi-nude or semi-nudity means a state of dress in which clothing covers no more than the genitals of a man, or the pubic region and areolae of the breasts of a woman.
   22. Sexually oriented business includes an adult arcade, adult bookstore, adult retail store or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude motel studio, or any other business, such as a car wash or a health club, which offers, for consideration, materials or services characterized as depicting “specified sexual activities” or “specified anatomical areas,” or whose employees perform services in a state of nudity or semi-nudity.
   23. Sexually Oriented Business Regulatory License means a special annual operating license necessary for a sexually oriented business to do business in the Town of Ravenel. Such license is in addition to a Town of Ravenel Business License, and is issued by the Town of Ravenel.
   24. Specified anatomical areas means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
   25. Specified sexual activities means and includes any of the following:
       1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
       2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
       3. Masturbation, actual or simulated.
       4. Excretory functions as part of or in connection with any of the activities set forth above.
   26. Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date the original Town of Ravenel Zoning Permit was obtained.
   27. Transfer of ownership or control of a sexually oriented business means and includes any of the following:
       1. The sale, lease or sublease of the business.
       2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
       3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
   28. Viewing Room means the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, video reproduction, or live production.
   29. Zoning Permit means a Town of Ravenel Zoning Permit.
3. Zoning Permit requirement for Town of Ravenel Business License and Sexually-Oriented Business Regulatory License:
   1. Every person engaged or intending to engage in a sexually oriented business is required to obtain a Sexually Oriented Business Regulatory License.
   2. A person commits a misdemeanor if he operates a sexually oriented business without a valid Zoning Permit and Business License and Sexually Oriented Business Regulatory License issued by the Town of Ravenel.
   3. An application for a Zoning Permit must be made on a form provided by the Town of Ravenel. The application must be accompanied by a site plan, sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
   4. The applicant must be qualified according to the provisions of Section 3.1.4.D. and the premises must be inspected and found to be in compliance with applicable State laws by the Health Department (DHEC) and the Charleston County Building Official.
   5. If an entity wishing to operate a sexually oriented business is an individual, he must sign the application for a Sexually Oriented Business Regulatory License as applicant. If an entity wishing to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a Sexually Oriented Business Regulatory License as an applicant. If a corporation is listed as owner of a sexually oriented business or as the entity wishing to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a Sexually Oriented Business Regulatory License as applicant.
   6. The fact that a person possesses other types of state or town permits and/or licenses does not exempt him from the requirement to obtain a Sexually Oriented Business Regulatory License.
4. Sexually-Oriented Business/Adult Business Regulatory License. The Town of Ravenel shall approve the issuance of a Sexually Oriented Business Regulatory License to an applicant within 30 days after receipt of an application unless it finds one or more of the following to be true:
   1. The applicant is under 18 years of age.
   2. The applicant has failed to provide information reasonably necessary for issuance of Sexually Oriented Business Regulatory License or has falsely answered a question or request for information on the applicant form.
   3. The premises to be used for the sexually oriented business have not been approved by the Health Department (DHEC) and the Charleston County Building Official as being in compliance with applicable laws and ordinances.
   4. The applicant of the sexually oriented business is in violation of, or is not in compliance with, any one or more of the provisions of this Section of the Town of Ravenel Zoning Ordinance.
   5. The Sexually Oriented Business Regulatory License, if granted, shall state on its face the name(s) of the person(s) to whom it is granted, the expiration date, and the address of the sexually oriented business. The Sexually Oriented Business Regulatory License shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
5. Inspection. An applicant or licensee shall permit representatives of the Town of Ravenel, Charleston County Building Inspection, Charleston County Sheriff’s Department, Health Department (DHEC), LOCAL Fire Department, and/or Town of Ravenel Legal Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
   1. The licensee (or his agent or employee) of a sexually oriented business commits a misdemeanor if he refuses such lawful inspection of the premises at any time it is occupied or open for business. Such refusal is also grounds for suspension or revocation of a Sexually Oriented Business Regulatory License.
6. Expiration. A regulatory license for a sexually oriented business shall expire at the end of each fiscal year.
   1. A Sexually Oriented Business Regulatory License must be renewed each year two weeks prior to the expiration date.
   2. If, after denying the issuance or renewal of a Sexually Oriented Business Regulatory License, the Town of Ravenel finds that the basis for denial of the License has been corrected or abated, the applicant may then be granted a Sexually Oriented Business Regulatory License.
7. Suspension. The Town of Ravenel shall suspend a Sexually Oriented Business Regulatory License for a period not to exceed 30 days if it is determined that a licensee or an employee of a licensee:
   1. Has violated or is not in compliance with any requirements of this Section.
   2. Has refused to allow an inspection of the sexually oriented business premises as authorized by this Section.
   3. Has knowingly permitted gambling by any person on the sexually oriented business premises.
8. Revocation. The Town of Ravenel shall revoke a Sexually Oriented Business Regulatory License if it determines that:
   1. A cause of suspension as found in Section 3.1.4.G. occurs and the Sexually Oriented Business Regulatory License has previously been suspended within the preceding 12 months.
   2. The licensee gave false or misleading information in the material submitted to the Town of Ravenel during the application process.
   3. The licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s Sexually Oriented Business Regulatory License was suspended.
   4. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the permitted and/or licensed premises.
   5. If subsequent to revocation, the Town of Ravenel finds that the basis for the revocation of the Sexually Oriented Business Regulatory License has been corrected or abated, the applicant may be granted a Sexually Oriented Business Regulatory License.
9. Appeal of Designation, Suspension or Revocation. A sexually oriented business or a Licensee may appeal, in writing, the Town of Ravenel’s designation of a business as a sexually oriented business, or the suspension or revocation of a Sexually Oriented Business Regulatory License to the Town of Ravenel Board of Zoning Appeals. Such appeal must be made within 10 days after the sexually oriented business or the Licensee receives written notice from the Town of Ravenel of a designation, suspension or revocation decision.
   1. A Hearing will be scheduled and heard within three weeks of receipt of a written appeal.
   2. The proceedings shall be recorded and transcribed at the expense of the party so requesting. The rules of evidence and procedure prescribed by the Board of Zoning Appeals shall comply. The Board of Zoning Appeals shall, by majority vote of the members present, render a written decision based upon findings of fact and the application of the provisions of this Chapter within three days of the Hearing. The decision of the Board of Zoning Appeals shall be final unless appealed to Circuit Court within ten days of receipt of the written Order.
10. Transfer of License. A Licensee shall not transfer a Sexually Oriented Business Regulatory License to another sexually oriented business, nor shall a Licensee operate a sexually oriented business under the authority of a Sexually Oriented Business Regulatory License at any place other than the address designated in the application.
11. Restrictions of Location. A person commits a misdemeanor if he or she operated or causes to be operated a sexually oriented business outside of the zoning districts where the use is permitted.
    1. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business within five-hundred (500) feet of:
       1. A church.
       2. A public or private school.
       3. A residential structure existing at the time of application.
       4. A public park.
    2. A person commits a misdemeanor if he causes or allows the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
    3. A person commits a misdemeanor if he causes or allows the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or the substantial enlargement of floor areas of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
    4. For the purpose of this Subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private school, or to the nearest boundary of any neighboring public park, residential district or residential lot.
    5. For purposes of Subsection 2. above, the distance between any two sexually oriented business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
12. Adult Car Wash. Nude or semi-nude employees of adult car washes must not be able to be seen from any public right-of-way or adjoining parcels. Necessary fencing and/or buffers, as deemed appropriate by the Town of Ravenel, must be placed around the establishment in order to ensure that patrons can only view the employees once the patrons are inside the establishment.
13. No Fondling or Caressing. It is a misdemeanor for any nude or semi-nude employee or dancer to fondle or caress any patron, and no patron shall fondle or caress any nude or semi-nude employee or dancer.
14. The six-foot distance rule requires that:
    1. No nude or semi-nude employee or nude or semi-nude dancer shall perform live entertainment within six feet of any patron, nor shall any patron experience live entertainment within six feet of any nude or semi-nude employee or nude or semi-nude dancer in a sexually oriented business. In the case of adult car washes, the six-foot distance rule necessitates that patrons get out of their vehicles, and stand at least six feet away from the nude or semi-nude employees.
    2. Sexually oriented businesses with live entertainment shall post in a conspicuous place a sign advising patrons that they must be at least six feet away from nude or semi-nude dancers at all times.
15. Giving or Accepting Gratuities.
    1. No patron shall personally pay or personally give a gratuity to any nude or semi-nude employee or any nude or semi-nude dancer in a sexually oriented business establishment. Gratuities can be placed in containers at a location away from the nude or semi-nude dancers or handed to clothed employees. As an alternative, employers could charge a cover charge and prohibit all gratuities.
    2. No nude or semi-nude dancer or nude or semi-nude employee of a sexually oriented business shall solicit or accept any pay or gratuity from a patron.
    3. Sexually oriented businesses with nude or semi-nude dancers or nude or semi-nude employees shall conspicuously post a sign that advises patrons that paying gratuities personally to nude or semi-nude dancers and nude or semi-nude employees is prohibited.
16. Nonconformity of Location of Sexually Oriented Businesses.
    1. Any sexually oriented business operating on the date this Section is adopted that is found to be in violation of any of the location provisions of Subsection K. above, shall be deemed a nonconforming use, and, upon written notification by the Town of Ravenel, must obtain a Certificate of Nonconformity from the Town of Ravenel. A certified nonconforming use will be permitted to continue to operate for a period not to exceed one year before being licensed.
    2. If the sexually oriented business does not, within six months of notification by the Town, obtain a Certificate of Nonconformity, then the business will be deemed in violation of this Ordinance, and will not be permitted to continue to operate six months past the date of enactment of this Section.
    3. No nonconforming use shall be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
    4. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at that particular location is the conforming use, and the later-established business is nonconforming.
    5. Any sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use due to the subsequent location of a church, public or private elementary or secondary school, public park, residential structure, or a park within 500 feet of the sexually oriented business. This provision applies only to the renewal of a valid Sexually Oriented Business Regulatory License, and does not apply when an application for a Sexually Oriented Business Regulatory License is submitted after a Sexually Oriented Business Regulatory License has expired or has been revoked.
17. Adult Motels Prohibited. A person in control of a sleeping room in a hotel, motel, or similar commercial establishment, commits a misdemeanor if he or she rents or sub-rents a sleeping room to a person, and then, within eight hours from the time the room is rented, rents or sub-rents the same sleeping room again, as such creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Section. For purposes of this Subsection, “rent” or “sub-rent” means the act of permitting a room to be occupied or any form of consideration.
18. Additional regulations pertaining to the exhibition of sexually explicit films and videos, adult arcades and health clubs:
    1. A person who operates or causes to be operated a sexually oriented business, as defined in this Section, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts “specified sexual activities” or “specified anatomical areas,” or which allows “specified sexual activities” to occur in a separate room in the establishment shall comply with the following requirements:
       1. Upon application for a Sexually Oriented Business Regulatory License, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object, and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Town of Ravenel may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
       2. The application shall be sworn to be true and correct by the applicant.
       3. No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Town of Ravenel or its designee.
       4. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
       5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
       6. It shall be the duty of the owners and operator, and also the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection e. remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection a. above.
       7. No viewing room, nor any room or enclosed area in a health club that cannot be viewed from the manager’s station, may be occupied by more than one person at any time.
       8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one candle foot as measured at the floor level.
       9. It shall be the duty of the owners and operator, and also the duty of any agents and employees present in the premises, to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
       10. A person having a duty under this section commits a misdemeanor if he knowingly fails to fulfill that duty.
19. Exemptions. It is a defense to prosecution under this Section that a person appearing in a state of nudity did so in a modeling class operated:
    1. By a proprietary school, licensed by the state of South Carolina; a college, junior college, or university supported entirely or partly by taxation.
    2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
    3. In a structure:
       1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
       2. Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
       3. Where no more than one nude model is on the premises at any one time.
20. Injunction. A person who operates or causes to be operated a sexually oriented business without a valid Sexually Oriented Business Regulatory License or in violation of this Ordinance is subject to a suit for injunctive relief as well as prosecution for criminal violations. Such violations shall be punishable by a fine of $500.00 or thirty (30) days imprisonment.
21. Severability. A determination that any portion of this Ordinance is invalid or unenforceable shall not affect the remaining portions.
    

1. An exclusively Owner Occupied detached single-family dwelling in a non-residentially zoned district may be approved as a Conditional Use as indicated in the Zoning Ordinance Use Matrix found in Appendix B, subject to the following conditions:
   1. The lot must be at least 1 acre in size.
   2. Separate water and septic or sewer service, approved by DHEC, is required for the residential use and the non-residential use or uses. Separate electrical service may be required.
   3. The residential use shall meet the lot density and setbacks as required for property zoned as Residential Two (R-2). Additionally, the residential use must:
      1. Meet all other requirements of the Zoning Ordinance and Town Code; and
      2. Not be expanded or increased in use, area, or intensification of either the primary structure nor any accessory buildings.
   4. The non-residential use shall meet all requirements of the underlying zoning district. Additionally, the non-residential use must:
      1. Provide a 15’ planted buffer area between the residential and non-residential uses; and
      2. Provide an opaque fence of at least 6’ in height to screen the non-residential activities from view of any right-of-way; and
      3. Meet all other requirements of the Zoning Ordinance and Town Code; and
      4. Not be expanded or increased in use, area, or intensification unless the residential use is removed from the property.
2. A detached single-family dwelling to be occupied only by an owner or property caretaker in a non-residentially zoned district may be approved as a Conditional Use as indicated in the Zoning Ordinance Use Matrix found in Appendix B, subject to the following conditions:
   1. The lot must be at least 5 acres in size.
   2. Separate water and septic or sewer service, approved by DHEC, is required for the residential use and the non-residential use or uses. Separate electrical service may be required.
   3. The residential use shall meet the lot density as required for property zoned as Residential One (R-1). Additionally, the residential use must:
      1. Be set back a minimum of 100’ from all rights-or-way and 50’ from all property lines; and
      2. Meet all other requirements of the Zoning Ordinance and Town Code; and
      3. Not be expanded or increased in use, area, or intensification of either the primary structure, nor any accessory buildings.
   4. The non-residential use shall meet all requirements of the underlying zoning district. Additionally, the non-residential use must:
      1. Provide a 15’ planted buffer area between the residential and non-residential uses; and
      2. Meet all other requirements of the Zoning Ordinance and Town Code; and
      3. Not be expanded or increased in use, area, or intensification unless the residential use is removed from the property.
         

1. Definitions.
   1. Communications tower as used in this ordinance shall mean a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed or on a building.
   2. Telecommunications as defined in the federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
   3. Antenna means a device, dish or array used to transmit or receive telecommunication signals.
   4. Height (of a communication tower) is the distance from the base of the tower to the top of the structure.
2. Communications Tower and Antenna Permitted as Conditional Use. A communications tower and/or antenna may be permitted by Ravenel Mayor/Town Council without further review upon determination that all of the applicable conditions in this ordinance are met.
3. District in which Communication Towers/Antenna are permitted; Light Industrial (LI) Communication towers shall be approved within the LI district subject to a finding that a tower satisfies the staff approval or by the Zoning Board of Appeals as an exception subject to a finding that the tower satisfies the special exception criteria listed below. Towers which are no longer used for communication purposes must be dismantled and removed within 120 days of the date the tower is taken out of service.
   1. Staff Approval Criteria. Staff may approve the construction of a communication tower upon a finding that each of the following criteria are met:
      1. The height of the proposed tower must not exceed 200 feet; and
      2. The tower must be located no closer to residential or conservation zoned property than a distance equal to one-half the heights of the proposed tower, if said property is intended to remain zoned as residential or conservation under the adopted land use plan for that area; and
      3. The proposed tower must be located such that adequate setbacks are provided on all sides to prevent the tower’s fall zone from encroaching into adjoining properties (the fall zone shall be determined by an engineer certified in the State of South Carolina in a letter which includes the engineers signature and seal); and
      4. The proposed tower must not be visible from property listed in the National Register of Historic Places, or from a road or river which has been officially designated as a scenic road or river. The line of site to determine whether a proposed tower will be visible from a certain location, will be from approximately six feet above grade, or the river level at high tide, at that location; and
      5. The proposed tower and associated improvements meet applicable zoning district and setback requirements, and applicable landscaping and tree protection measures requirements; and
      6. The applicant has attempted to collocate on existing communication towers, building, or other structures and the applicant is willing to allow other users to collocate on the proposed tower in the future subject to engineering capabilities of the structure, frequency considerations, and proper compensation from the additional user; and
      7. The proposed tower is only illuminated as required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agencies. Night time strobe lighting shall not be incorporated unless required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agency; and
      8. The color of the proposed tower is appropriate to blend in with its surroundings; and
      9. The proposed tower and associated structures are appropriately secured by means of walls, fences or other devices; and
      10. The proposed tower does not include signage of any nature on any portion of the tower.
   2. Zoning Board of Appeals Approval Criteria. The Zoning Board of Appeals may approve construction of a communication tower as exception upon a finding that each of the following criteria are met:
      1. The height of the proposed tower must not exceed 250 feet; and
      2. In addition to satisfying staff approval criteria used above as c, e, f, g, h, i, j, the Board must find that the design, location and height of the proposed tower will not substantially impact (1) the aesthetic and residential character of adjoining areas zoned residential or conservation and intended to remain as such under adopted land use plans; and (2) the character of property listed in the National Register of Historic Places, or roads and rivers which have been officially designated as scenic roads or rivers.
   3. Application for staff or Board approval shall include the following information:
      
      The applicant for a conditional use permit for construction of a communications tower or placement of a commercial telecommunications antenna on an existing structure other that a tower previously permitted must file with the Clerk Administrator as application accompanied by a fee of $275.00 and the following documents, if applicable:
      1. A scaled site plan showing the location of the tower(s), guy anchors (if any), building and other structures or improvements, parking, driveways and fences, proposed screening and all protected and grand trees affected by the proposed improvements. Adjacent land use shall also be noted on the site plan.
      2. The height and typical design of the tower, typical materials to be used, color, and lighting shall be shown on the elevation drawing.
   4. Documentation indicating that collocation on existing towers or buildings in the vicinity of the proposed tower was attempted by the applicant but found to be unfeasible, with reasons noted.
   5. Other information as requested by staff or the Board to allow adequate review of approval criteria, including photographs with the tower superimposed to assess visual impact.
   6. All related requirements in this ordinance including parking, signage, buffering, etc. must be met.
      

1. An accessory structure can be used without a principal building on a residential property provided that:
   1. The accessory structure is being used to aid in the construction of a principal structure that is fully permitted with a Zoning Permit and a Building Permit.
   2. If the Zoning Permit for the principal building expires, the accessory structure being used to aid in the construction of the principal structure must be removed.
   3. An accessory structure cannot be used as a temporary dwelling unit, but may be used to secure tools, materials, and equipment.
   4. OR, the accessory structure is demonstrated to be used as a barn or other farm-related structure, where permitted by Appendix B and shown to comply with all applicable requirements of the Ravenel Zoning Ordinance.
2. Vehicle storage buildings, sheds, home workshops, or residential building or maintenance equipment storage units;
3. Private swimming pools, bath houses, sport courts, playhouses, and other private recreational facilities for residents of the principal dwelling;
4. Accessory garage apartments, where permitted by Appendix B;
5. Accessory dwelling units for guests, owners, employees, or caretakers, where permitted by Appendix B, in compliance with all applicable Ravenel Zoning Code requirements, and on lots of 5 acres or more and with separate septic/water facilities;
6. Shipping containers and tractor trailers are prohibited as permanent storage buildings in all residential districts. They may be approved as temporary storage with an approved Zoning Permit.
7. Gate houses and guard houses for private roads;
8. Satellite dishes, radio and television receiving antennas, and solar collectors;
9. Accessory Home Occupations. A home occupation may be established in a dwelling unit, as an accessory to the principal residential use provided the proposed use meets the criteria listed for the home occupation. A home occupation shall be defined as any commercial use conducted within a dwelling by the resident of record. The method or amount of compensation for the commercial activity is irrelevant. This may include a hobby or seasonal activity.
   
   A home occupation may not constitute a nuisance or adversely affect the use and development of adjoining properties and must comply with all requirements of the Ravenel Town and Zoning codes and other state and local laws.
   
   Home occupations may include: lawn care service, accounting, business administration services, data or computer processing, cleaning service, mail order processing, newspaper delivery, painting, interior design or personal services such as music instruction, dancing, or crafts.
   
   A home occupation does not include such occupations as building contractor, landscape services, motor vehicle repair, beauty parlor, boarding homes, animal kennels, veterinarian or other medical offices. A home occupation does not include any business activity that requires employees or contractors to meet to travel to jobs, storage of additional vehicles or equipment, sales rooms or customer traffic, or additional storage for products outside of the home.
   
   If a business that is not considered a home occupation has elements of its business, such as accounting or administration, those elements may be allowed as a home occupation provided there are no employees, vehicles, customers, or equipment visible from outside the home and all other requirements of this section are met.
   1. Applications for a Home Occupation Use shall be made on a form available at Town Hall and will be approved by Town Staff if the following conditions are met:
      1. The home occupation must be incidental to the principal residential use of the property and shall not change the residential character.
      2. The home occupation use shall not occupy more than twenty-five (25) percent of the existing principal building.
      3. No accessory building or outside storage shall be used in connection with the home occupation.
      4. No article, product or service sold in connection with such activity shall be other than those produced on the premises.
      5. No electrical or mechanical equipment, including vehicles or trailers, that is not normally part of usual and customary the household equipment or residential vehicles, shall be permitted, nor can the proposed use create disturbing or offensive noise, vibration, smoke, dust, or hazardous fumes or generate traffic.
      6. There shall be no visible evidence of the home occupation from outside the dwelling unit except for a sign with a maximum two (2) square foot per sign face shall be permitted.
      7. Such occupation shall be carried on by a resident of the household, with no other employees, except for members of the family living on the premises.
   2. Upon review and approval of the home occupation, an applicant may apply for a Zoning Permit and Business License with the Town of Ravenel. Any conditions for the home occupation will be noted on the Permit and License.
   3. Home Occupation approval shall be revoked upon a finding that any home occupation established under this section fails at any time to meet the requirements prescribed herein or the conditions noted on the Permit or License.
   4. Decisions to revoke a Home Occupation approval and related permits are made by the Planning and Zoning Administrator and may be appealed to the Board of Zoning Appeals as indicated in Section 1.15 of this Zoning Ordinance.
10. Electric Meters in Residential Districts. A second and separate electric meter may be permitted under the following conditions:
    1. A separate electrical meter shall be allowed for a permitted and detached accessory dwelling unit. A separate electrical meter is not allowed for attached dwelling units.
    2. In residential zoning districts, a separate electric meter of up to 60 amperes shall be allowed for accessory nonresidential structures if such structure is located more than 100 feet from the electric meter used by the principal structure.
    3. In Agriculture Residential (AR) district, a separate electric meter of up to 100 amperes shall be allowed for accessory nonresidential structures if such structures are located more than 100 feet from the electric meter used by the principal structure. The Zoning Administrator shall be authorized to approve electric meters of up to 200 amperes when deemed necessary to accommodate agriculture-related equipment that requires more than 100 amperes.
       

1. Dwelling units for owners or property caretaker personnel as provided under Section 3.1.9;
2. Off-street parking, loading or storage area for customer, client or employee-owned vehicle;
3. Accessory uses and structures, completely enclosed buildings for storage of supplies, stock or merchandise, as approved during commercial site plan review;
4. Shipping containers and tractor trailers may be used as storage structures in non-residential districts with approved site plan review and zoning approval;
5. Gates and Guardhouses;
6. Radio and television antenna, satellite dishes and solar collectors;
7. Gasoline or fuel oil pump and storage tank, provided not more than 500 gallons of gasoline be stored above ground, nor storage of petroleum products in excess of 40,000 gallons per site.
   

1. Religious education buildings;
2. Parsonage, pastorium or parish house, together with any use accessory to a dwelling as listed in Section 3.3.1;
3. Off-street parking area for the use of church members and visitors;
4. Completely enclosed building for storage of supplies, stock or merchandise.
   

1. Accessory buildings shall be erected on the rear two-thirds of the lot or behind the principal structure, except in the case of carports which can be erected in the required front yard setback;
2. Accessory buildings may occupy the required rear yard provided they are not placed within 6 feet of the rear or side property lines;
3. Accessory buildings can be placed no closer than 15 feet to the principal dwelling unit on the lot or the adjoining lot;
4. Accessory buildings shall have a building footprint no greater than one-thousand, two hundred (1,200) square feet and shall be no taller than twenty-four (24) feet in height;
5. A barn or farm-related building must be used for farm equipment, animals, supplies, or feed only and may exceed the size and height limitation indicated in Section 3.3.4 D. if located on agriculturally-zoned property;
6. An accessory structure attached to the principal structure shall share a common wall therewith and shall comply with all requirements of the principal dwelling.