For the purpose of interpreting this ordinance, certain words, concepts, and ideas are defined. Except as defined herein, all other words used in this ordinance shall have their everyday dictionary definition.

2.2.1.

Words used in the present tense include the future tense.

2.2.2.

Words used in the singular number include the plural, and words used in the plural number include the singular.

2.2.3.

The word "person" includes a firm, association, organization, partnership corporation, trust, and company as well as an individual.

2.2.4.

The word "lot" includes the word "plot" or "parcel" or "tract."

2.2.5.

The word "shall" is always mandatory.

2.2.6.

The word "structure" shall include the word "building."

2.2.7.

The word "used" or "occupied" as applied to any land or building shall include the words "intended, arranged, or designed to be used or occupied."

2.2.8.

Any word denoting gender includes the female and the male.

Access means a way or means of approach to provide vehicular or pedestrian physical entrance to a property.

Access point means the location of the intersection of a highway or street or driveway with the highway.

Accessory use means an incidental and subordinate use that is customarily associated with the principal use of a lot or building located upon the same lot as the principal use.

Acre means a measure of land area containing 43,560 square feet.

Alteration means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or stricture, whether horizontally or vertically, or the moving of a building or structure from one location to another. This excludes normal repairs and maintenance of the structure.

Annexation means the incorporation of a land area into an existing community with a resulting change in the boundaries of that community.

Applicant means the owner(s) of record or the legally authorized agent of the owner(s) of record.

Bed and breakfast means a private home offering lodging and breakfast to guests. Accommodations are limited to a maximum of four guest rooms. This type of establishment is primarily a private home offering lodging and breakfast to guests. The appearance and primary function of the home shall remain as a residence, not a lodging establishment.

Berm means a mound of earth or the act of pushing earth into a mound. Berms are usually two to six feet high and are used to shield, screen, and buffer undesirable views and to separate incompatible land uses. They also provide visual interest, decrease noise, control the direction of water flow, and act as dams.

Board of zoning appeals means a quasi-judicial board appointed by the town council which hears and decides on variances to the zoning ordinance and land development ordinance of the town.

Buffer means open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.

Buildable area means the area of a lot remaining after the minimum yard, lot coverage, and buffer requirements of the zoning ordinance have been met.

Building means any structure built for the support, shelter, or enclosure of persons, animals, fowl, or property of any kind.

Building height means the height shall be measured vertically from the highest point of the structure, to the ground level of the grade where the walls or other structural elements intersect with the ground. The height limitations shall not apply to:

(1)

Chimneys;

(2)

Spires;

(3)

Belfries;

(4)

Cupolas; and

(5)

Domes, provided that they are not intended for human occupancy, do not exceed 60 square feet in size, do not exceed seven feet in total height, and are enclosed by an entry door.

Building inspector means the individual designated by the appointing authority to enforce the provisions of the building code.

Building permit means a permit obtained from the town which sets the inspection schedule and construction techniques for a project.

Building setback line means a line establishing the minimum allowable distance between the nearest portion of any building excluding steps, gutters, and similar fixtures, and the property line when measured perpendicularly.

Business, wholesale means establishments selling commodities in large quantities to retailers, including wholesalers for all types of retail products, bulk stations for gasoline, kerosene, fuel, oil, bottled gas, etc., and warehouses.

Caliper means the diameter of a tree trunk. See Figure 1.

Car wash means any automobile cleaning facility that provides exterior washing and cleaning, either automated, full-service, or self-service.

Certificate of occupancy means a certificate allowing the occupancy of use of a building and certifying that the structure or use has been constructed or will be used in compliance with this ordinance and all other applicable regulations.

Change in use means any use that substantially differs from the previous use of a building or land.

Child care center means any home, center, agency, or place where children not related to the operator are received for care.

Church means a structure or group of structures providing housing for religious worship, religious education, and charitable activities as may be prescribed by the tenets and practices of a particular religious body.

Commercial, general, means use pertaining to the exchange of cash, goods, services, or any other remuneration for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over a period of time.

Communication tower means a tower of any size which supports communication (broadcast or receiving) equipment utilized by commercial, governmental, or other public and quasi-public users. This does not include communication equipment operated by a public service agency, private home use of satellite dishes and television antennas, or amateur radio operators as licensed by the Federal Communications Commission.

Community center means a building used for recreational, educational, or cultural activities that is owned by a public or nonprofit agency or group.

Conditional use means a use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the zoning ordinance and authorized by the approving agency.

District means a section, zone, or geographic area within the municipality within which certain zoning or development regulations apply.

Dwelling, attached, means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.

Dwelling, detached, means a dwelling that is not attached to any other dwelling by any means.

Dwelling, multifamily, means a building containing two or more dwelling units on the same lot, including units that are located one over the other.

Dwelling, single-family, means a one-family dwelling unit located on a separate lot.

Dwelling unit means 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.

Existing use means the use of a lot or structure at the time of the enactment of a zoning ordinance or amendment thereof.

Facade means the exterior walls of a building exposed to public view or that wall viewed by persons not within the building.

Family means one or more persons living together in a single housekeeping unit. For the purposes of this ordinance, such persons may include temporary guests, foster children, and domestic servants employed in the home.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

Fireworks sales means the state licensed manufacture, sale, or storage of fireworks, consumer fireworks, display fireworks, and pyrotechnics as described in Section 40-56-35 and 40-56-240 of the Code of Laws of South Carolina 1976, as amended, and in Section 71-7405.1 of the Code of Regulations of South Carolina by the South Carolina Department of Labor, Licensing, and Regulation. Fireworks Sales are prohibited in temporary and/or mobile structures.

Garage means a structure, either attached or detached, that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof.

Group care home means a residence in which six or fewer individuals are housed who are not necessarily related and who are physically handicapped, aged, disabled, mentally ill, alcoholic or drug addicted, or who are in need of adult supervision and/or family support. Any group care home which houses alcoholic or drug addicted individuals must be a noncommercial organization which can ensure its residents have completed a recognized drug and/or alcohol treatment program and are no longer using alcohol or controlled substances. In addition, facilities for mentally ill, alcoholic or drug-addicted individuals must be licensed by the South Carolina Department of Health and Environmental Control (DHEC) as a Community Residential Care Facility as defined in the South Carolina Code of Laws 1976, as amended, Regulation 61-84. Only those residing in the home may be involved in the day-to-day operation of the group care home. Such homes include children's homes, rest homes, homes for the elderly, and family support homes. Group care homes do not provide continuous medical and skilled nursing care such as a nursing home nor provide any service to the resident beyond personal assistance.

Home occupation means any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit.

Hotel or motel means a building or group of buildings containing individual sleeping or living units designed for the temporary occupancy of tourists or transient guests.

Impervious surface means any material that prevents absorption of stormwater into the ground.

Industrial park means a tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and highway), circulation, parking, utility needs, aesthetics, and compatibility.

Junkyard means any land or area used, in whole or in part, for commercial storage and/or sale of waste paper, rags, scrap metal, or other junk and including storage of vehicles and machinery and/or dismantling of such vehicles or machinery.

Kennel means a commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

Lot frontage means the length of the front lot line measured at the street right-of-way line.

Manufactured housing (mobile home) means a residential dwelling unit that is composed of one or more components, each of which was assembled in a manufacturing plant and designed to be transported to the home site on its own chassis.

Manufactured home park means any place, area, or tract of land maintained, offered, or used for parking of two or more manufactured homes used or intended to be used for living or sleeping purposes regardless of whether or not a charge is made for such accommodations.

Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

Mini-warehouse means a facility composed of one or multiple structures divided into sections for use as storage of items either temporary or long-term and not to be used for any other purpose (such as small office, garage, etc). Such facility may include one accessory manager's office which is clearly subordinate to the primary use of the facility for warehousing purposes.

Modular home means a home consisting of two or more factory fabricated components that do not have an integrated chassis which are transported to the home site where they are put on a permanent foundation or slab and joined to make a permanent single-family house. Such units shall comply with all state and locally adopted building codes.

Nightclub means any establishment, whether public or a private club, including cocktail lounges, etc serving an adult clientele, and whose primary business is the sale of alcoholic beverages, including beer and wine, for consumption on the premises in conjunction with dancing or live performances. The purchase of food is at the option of the customers and not required by the operator. The sale of alcoholic beverages, beer, and wine must be licensed by the South Carolina Alcoholic Beverage Commission.

Nonconforming lot means a lot; the area, dimensions, or location of which were lawful prior to the adoption, revision, or amendment of the zoning ordinance, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nonconforming structure or building means a structure or building, the size, dimensions, or location of which lawfully existed prior to the adoption, revision, or amendment to the zoning ordinance, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nonconforming use means a use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nursing care facility means a facility or institution, also known as a nursing home, providing continuous medical and skilled nursing care to two or more individuals who by reason of illness, physical or mental infirmity, or age are unable to properly care for themselves.

Nursing continuous care retirement center means a continuing care retirement center that has a 2:1 or greater ratio of nursing beds to residential units. This facility must contain some independent residential units and not be developed entirely as a nursing care facility.

Office means a use or location primarily used for conducting the affairs of a business, profession, service, industry, or government or like activity.

Outdoor storage means the keeping in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

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

Pedestrian oriented development means a development which accommodates the needs of the pedestrian. Such development will have parking to the side or rear of a building, will mix uses and provide them in proximity to one another, will allow the pedestrian the option or choice of not having to use a car to travel between uses, and will provide a variety of interesting and detailed streetscapes which balance the needs of pedestrian and vehicular traffic equally.

Pedestrian scale means the proportional relationship between an individual and his or her environment. The relationship between the person and his or her environment, whether natural or created, is comfortable, intimate, and contributes to the individual's sense of accessibility.

Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Planned development means an area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained according to a master plan as a single entity and containing one or more structures with appurtenant common areas.

Public hearing means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

Restaurant means any establishment, whether open to the public or operated as a private club, including drive-ins, whose primary business is serving meals prepared on the premises for consumption on the premises. Any defined portion of the restaurant where alcoholic beverages, including beer and wine, are served but the purchase of food is optional shall be clearly subordinate to the main dining area, where the purchase of food is expected and required by the operator. The sale of alcoholic beverages, beer, and wine must be licensed by the South Carolina Alcoholic Beverage Commission.

Retail, general, means establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Scale means the relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings.

Services, business, means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.

Services, manufacturing, means construction establishments engaged in the construction, repair, or demolition of buildings, streets, water and sewer systems, bridges, and similar construction, including but not limited to buildings.

Services, personal means an establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Personal services usually include the following; laundry, including cleaning and pressing service, linen supply, diaper service, beauty shops, barbershops, shoe repair, funeral services, steam baths, reducing salons and health clubs, clothing rental, locker rental, porter service, and domestic services.

Service station means an establishment used for the servicing of automobiles including the sale of gasoline, oil, grease, minor accessories, and washing and polishing, but excluding the sale of automobiles, body repairing, major motor repairing, and painting.

Setback means the mandatory distance between a lot line and a building wall.

Sexually oriented business means an establishment consisting of, including, or having the characteristics of any or all of the following:

Adult bookstore means an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

Adult cabaret means: [(1)] an establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (2) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.

Adult motion picture theater means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

Sign means any object, device, display, or structure, or part thereof situated outdoors, 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 (excluding national or state flags, window displays, athletic scoreboards, or the official announcements or signs of government).

Sign, animated or moving, means any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation (excepting time or temperature indicators).

Sign, awning or canopy, means a sign that is mounted, painted, or attached to an awning or canopy.

Sign, directory, means a sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.

Sign, flashing, means any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.

Sign, freestanding business, means any sign permanently secured in the ground which is not attached to, supported by, or erected on a building or other structure having a principal function other than the support of the sign and, regardless of size or shape, which directs attention to a business, commodity, attraction, profession, service, or entertainment conducted, sold, offered, manufactured, existing, or provided on the premises where the sign is located or to which it is affixed.

Sign, off-premise advertising, means any sign, pictorial or otherwise, regardless of size or shape, which directs attention to businesses, commodities, attractions, professions, services, or entertainment conducted, sold, offered, manufactured, existing, or provided at locations other than on the premises where the signs are located or to which they are affixed. Such signs include, but are not limited to, those signs commonly referred to as outdoor advertising signs, billboards, or poster boards.

Sign, portable, means a sign that is not permanently, affixed to a building, structure, or the ground.

Sign, projecting, means a sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building.

Sign, roof, means a sign erected upon or which extends above the roof of the building to which it is attached.

Sign, temporary, means a sign not permanently installed in the ground affixed to any structure or building, and which is erected or displayed for a period of time as allowed in this ordinance.

Sign, wall, means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than 12 inches from such building or structure.

Sign area means the entire face of a sign, measured by calculating the height by the length of the smallest rectangle that can be drawn to include all sign elements.

Sign face means the area or display surface used for the message.

Structure means anything constructed or built, an edifice or building of any kind, constructed of parts joined together in a definite manner.

Tattoo parlor means an establishment or facility in which the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment, including the application of permanent cosmetics, is performed.

Transportation [terminals] means ground-establishments providing for the interchange of passenger and freight including but not limited to bus passenger and parking terminals, truck terminals, railroad passenger and freight terminals, railway express freight terminals, and taxicab stands and yards.

Travel trailer means any vehicle mounted on wheels and not more than 26 feet in length designed and intended to serve primarily as short-term shelter.

Tree, grand, means tree measuring 24 inches or greater DBH.

Tree, large, maturing means trees that grow to a minimum height of 30 feet.

Tree, protected, means a tree measur[ing] eight inches or greater DBH.

Tree, small maturing, means trees that grow to a minimum height of 15 feet.

Zoning administrator means the person designated by the town to be responsible for the administration of this ordinance.

Zoning permit means written permission issued by the town for the construction, or enlargement of a structure, including signs, or the grading or excavation of a site in preparation of construction or for the installation of underground utilities.

(Ord. No. 2019-01, § 1(Exh. A), 4-2-2019; Ord. No. 2022-01, § 1, 7-5-2022)