This Article provides definitions to many of the words and terms used in this Ordinance. Words not listed in this section shall be defined by reference to: (1) Chapter 2 of the International Building Code; or, if not defined therein, in (2) the Webster's New International Dictionary; or, if not defined therein, in (3) the South Carolina Code, which documents are hereby incorporated by reference as if set forth in their entirety herein. Unless otherwise expressly stated, the following terms shall, for the purposes of this Article, have the meaning herein indicated. Words and terms defined elsewhere in this document shall be given the meanings set forth therein.

Words in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.

The word "shall" is always mandatory.

The word "may" is permissive.

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

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

The word "used" or "occupied" as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy and shall be construed to include the words "intended," "arranged," or "designed to be used or occupied". An intended project shall be defined as one where substantial monies have been spent towards the goal of the project.

The word "map" or "zoning map" shall mean the Official Zoning Map of the Town of Santee, South Carolina.

The term "Planning Commission" refers to the Planning Commission of the Town of Santee. The term Council, Mayor and Council, or Town Council shall mean the legally elected governing body of the Town of Santee. The term "Board of Zoning Appeals" refers to the Board of Zoning Appeals for the Town of Santee.

Abandonment. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting. Having a common border with, or being separated from such a common border by a right-of-way, service lane or easement.

Accessory Apartment. A second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facilities with the provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the main dwelling.

Accessory Structure. A structure which is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimum flood damage potential. Detached garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

Accessory Use. A use incidental to, and on the same lot as, a principal use.

Addition (to an existing building). An extension or increase in the floor area or height of a building or structure. Additions to existing buildings shall comply with the requirements for new construction regardless as to whether the addition is a substantial improvement or not. Where a fire wall or load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and must comply with the standards for new construction.

ADT (Average Daily Traffic). The average number of cars per day that pass over a given point.

Adult Businesses or Uses. The definition of adult businesses or uses specifies the following types of establishments. Any business activity, establishment, store or club or other uses that involves:

a.

Persons appearing live before the public or audiences in a state of semi-nudity for any form of compensation or consideration;

b.

Live performances characterized by specified sexual activities;

c.

Sale or rental in any form of films, motion pictures, video cassettes, slides or other photographic reproductions characterized by depiction or description of specified sexual activities or anatomical areas;

d.

Coin-operated or slug operated or electronically, electrically, or mechanical controlled still or motion picture machines, projectors or image producing devices maintained to show images to five (5) or fewer persons per machine at any one time, and where the image so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas;

e.

As one of its principal business purposes, offering for sale or rental for any form consideration audio recordings in any form of books, magazines, periodicals, other printed matter, or visual representations depicting or describing specified sexual activities or specified anatomical areas, or instruments, devices or paraphernalia designed for use in connection with specified sexual activities.

Aisle. The travel way by which cars enter and depart parking spaces.

Alley. A public or private way permanently reserved as a secondary means of access to abutting property generally running either parallel or perpendicular to a street and situated to the rear and sides of platted lots. (Also Service Lane)

Antenna. Communication equipment that transmits or receives electromagnetic radio frequency signals used in the provision of Wirelesses Services.

Animal Shelter, Domestic. A pen, shelter or structure where no more than three (3) dogs or small domestic animals, not to include horses, cows, goats, swine and fowl of any kind, are boarded or kept.

Apparatus. Pumpers, tankers or other equipment used in suppressing fires.

Appeal. A request for a review of the Administrator's interpretation of any provision of this Ordinance.

Applicant. Any person or his duly authorized representative who submits an application as defined herein.

Application. Any application for approval of a development proposal, as defined herein.

Application for Development. The application form and all accompanying documents required by ordinance for approval of a subdivision plat or site plan.

Application for Development Approval. Any application for approval of a rezoning, subdivision plat, building permit, conditional use permit, variance, appeal, site plan or general development plan.

Approving Authority. The Santee Planning Commission, unless otherwise specifically stated by ordinance.

Area of Special Flood Hazard. For purposes of Article 5, the land in the floodplain within a community subject to a one (1) percent or greater chance of being equaled or exceeded in any given year.

Arterial Street. A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. For purposes of this Ordinance, an "Arterial Street" includes any of the following segments:

a.

US 15

b.

SC 6

Auto-Oriented Uses. Any of the following structure types, as defined in the Land-Based Classification Standards (Structure and Function classifications):

Awning. A shelter projecting from and supported by the exterior wall of a building and designed to be collapsible, retractable and generally constructed of fabric or similar non-rigid material.

Bar. Any establishment, whether public or operated as a private club, including cocktail lounges, etc., serving a predominantly adult clientele, and whose primary business is the sale of alcoholic beverages, including beer and wine, for consumption on the premises, and where the purchase of food is at the option of the customers and not required by the operator.

Barrier Curb. A steep-faced curb intended to prevent encroachments. See curb.

Base Flood. For purposes of Article 5, the flood having a one percent (1%) chance of being equaled or exceeded in any given year.

Base Flood Elevation. The crest elevation in relation to a mean-sea level expected to be reached by the one percent (1%) annual chance flood, i.e., the 100-year flood.

Base Zoning District. Any of the following: RS-1, RS-2, RS-3, RG, GC, OC, and I.

Basement. That portion of a building having its floor subgrade (below ground level) on all sides.

Bed and Breakfast Inn. A dwelling unit, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the dwelling unit shall live on the premises.

Berm. A mound of soil, either natural or manmade, used to obstruct views.

Bicycle Path. A pathway usually separated from roadways, designed specifically to satisfy the physical requirements of bicycling.

Billboard. A surface whereon advertising matter is set in view conspicuously and which advertising does not apply to premises or any other use of premises wherein it is displayed or posted.

Block. A combination of building lots serviced by service lanes, the perimeter of which abuts public use tracts, generally streets.

Boarding House. A building, other than a hotel, apartment building, or bed and breakfast, where for compensation and by pre-arrangement for definite periods, lodging, and meals are provided for three (3) or more persons.

Bracket Sign. A freestanding sign that projects perpendicular from one (1) or more posts or a solid monument-type base.

Buffer. An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to limit continuously the view of, and/or sound from, the site to adjacent sites or properties.

Building. Any structure having a roof supported by columns or walls for the shelter or enclosure of persons, animals or property.

Building Elevations. Drawings that show the front, back and sides of a building as seen from street level, and include the design, materials, colors, dimensions and final appearance of doors, windows, outer surfaces, signage, roof and architectural details. Elevations are drawn to scale.

Building Envelope. The portion of a lot or parcel available for the construction of a building or structure after the delineation of required setbacks in the zoning district, riparian buffers, landscape buffers, open space, stormwater treatment and detention areas, and other open space.

Building, Height of. The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip, and gambrel roofs, measured from the curb level if the building is not more than ten (10) feet from the front lot line or the average grade at the foundation in all other cases.

Building Line. That line which represents the distance a structure must be set back from a lot boundary line or a street right-of-way line or a street centerline according to the terms of this Ordinance. In all cases, the building line of a lot shall be determined to run parallel to and set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street centerlines or other boundary lines. Also, "setback".

Caliper. The diameter of a tree trunk measured in inches. This is calculated to be six (6) inches from ground level for trees up to four (4) inches in diameter; and twelve (12) inches above ground level for trees over four (4) inches in diameter.

Canopy. A non-retractable covered or enclosed rigid structural framework attached to and extending outward from the exterior wall of the building, and includes but is not limited to such structures as theater marquees, but does not include any structurally integrated architectural feature such as lintels, sills, moldings, architraves and pediment or any structure over gasoline pumps.

Canopy Tree. Any overhanging layer, shelter or shade formed by the branches and leaves of a tree, whether or not all direct sunlight is able to reach the understory.

Channel. The bed and banks of a natural stream which conveys the constant or intermittent flow of the stream.

Child Care Facility. A building or structure where care, protection, and supervision are provided, on a regular schedule, to at least seven (7) children.

Child Care Family Home. A private residence where care, protection, and supervision are provided, for a fee, to no more than six (6) children at one (1) time, including children of the adult provider.

Civic Building. Any of the following structure types, as defined in the Land-Based Classification Standards ("LBCS"), Structure and Function classifications:

Clear-Cutting. The indiscriminate removal of trees, shrubs or undergrowth with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of non-native trees and shrub species when the soil is left relatively undisturbed, removal of dead trees or normal mowing operations.

Clear Height. For a building story, the vertical dimension that extends from the finished floor to the ceiling, and unobstructed by pipes, utilities or similar permanent barriers to physical movement.

Clear Zone. An area beyond the curb radius, so specified, which shall be kept clear of all objects to provide emergency vehicle clearance.

Club, Private. An organization catering exclusively to members and their guests including buildings and grounds with commercial activities serving the membership only.

Cluster Development. A form of development for single-family residential subdivisions that permits a reduction in lot area and build requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

Collector Street. Any street segments that are not identified as an "Arterial Street" herein.

Column. A cylindrical support consisting of a capital, shaft and a base.

Commercial Recreational Activities. Billiard parlors, bowling alleys, machine arcades (excluding video poker), skating rinks and movie theaters. Does not include bingo establishments.

Commercial Use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.

Commercial Zoning District. Any GC or OC base zoning district.

Committed Development. A proposed development that has received final subdivision plat approval or, for a proposed development that does not involve the subdivision of land, an approved master plan or site specific development plan.

Common Open Space. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complimentary structures and improvements.

Community Park. A park that is intended for use by all residents of the town. The town hereby finds and determines that the designation "Community Park" does not depend exclusively upon its size, location or function, and that the design, accessibility and layout of any park may be used to determine whether it is a Community Park.

Comprehensive Plan. A comprehensive long-range plan intended to guide the growth and development of Holly Hill. The plan for the town that meets the requirements of S.C. Code § 6-29-510 et seq. and includes analysis, recommendations and proposals for the community's population, economy, natural resources, housing, cultural, transportation, community facilities, priority investment, and land use.

Concept Plan. A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

Conditional Use. A use of land or structure which is permitted in a district under conditions specified in the zoning ordinance.

Condominium. An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential or commercial building. A condominium may include, in addition, a separate interest in other portions of such real property.

Cul-De-Sac (Also cul de sac). A local street with only one (1) outlet and having the other end for the reversal of traffic movement.

Culvert. A structure designed to convey a water course not incorporated in a closed drainage system under a road or pedestrian walk.

Curb. A stone, concrete or other improved boundary marking the edge of the roadway or paved area.

Decision Maker. The entity or agency which has authority to render a final decision as to the approval, conditional approval, or denial of an application. The Decision maker for development proposals subject to this Ordinance shall be as designated in Article 2, Review and Decision-Making Bodies.

Dedication. An act transmitting property or interest thereto.

Density. The permitted number of dwelling units per gross acre of land to be developed.

Developer. The legal or beneficial owner or owners of a lot or of any land included in a proposed development. Also, the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the subdivision of land.

The following activities or uses shall be considered "development," as defined herein:

a.

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

b.

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

c.

Commencement of grading drilling, or excavation on a parcel of land, except to obtain soil samples.

d.

Demolition of a structure.

e.

Clearing of land as an adjunct of construction.

f.

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

g.

The subdivision of land.

The following operations or uses shall not be considered "development" as defined herein:

a.

Work by a road agency for the maintenance or improvement of a road, if the work is carried out on land within the boundaries of the right-of-way.

b.

Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like.

c.

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

d.

The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.

e.

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.

f.

A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

g.

A change in the ownership or form of ownership of any parcel or structure.

h.

The creation or termination of riparian rights, easements, covenants concerning development of land, or other rights in land.

"Development," as designated in an ordinance, rule or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of the activities set forth in subsection (1), above.

Development Proposal. Any of the following: an application for an administrative permit, zoning amendment, conditional rezoning, conditional use permit, site plan, general development plan, subdivision plat or variance.

Development Regulation. Zoning, subdivision, site plan, flood plain regulation or other governmental regulation of the use and development of land.

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

Duplex. One (1) single-family dwelling attached to one (1) other single-family dwelling by a common vertical wall, and each dwelling located on the same lot.

Dwelling. A structure or portion thereof that provides living facilities for one (1) or more families.

Dwelling, Attached. A single-family dwelling attached to two (2) or more single-family dwellings by common vertical walls.

Dwelling, Detached. A dwelling which is not attached to any other dwelling by any means.

Dwelling, Garden Apartment. A multi-family dwelling up to three (3) stories in height.

Dwelling, Mid and High-Rise. Multi-family dwellings four (4) or more stories in height.

Dwelling, Multi-Family. A building containing more than two (2) dwelling units.

Dwelling, Patio Home. A single-family unit on a separate lot with open space setbacks on three (3) sides and with a court. The term is synonymous with zero (0) line dwellings.

Dwelling, Quadruplex. Four (4) attached dwellings in one (1) structure in which each unit has two (2) open space exposures and shares one (1) or two (2) walls with adjoining units.

Dwelling, Semi-Detached. One (1) single-family dwelling attached to one (1) other single-family dwelling by a common vertical wall, and each dwelling located on a separate lot.

Dwelling, Single-Family. A building containing one (1) dwelling unit.

Dwelling, Townhouse. A single-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire resistant walls.

Dwelling, Two-Family. A structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from the ground to the roof of an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

Dwelling Unit. One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping.

Easement. A right granted for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

Elevated Building. A non-basement building built to have the lowest floor elevation above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.

Enclosed Sidewalk Cafe. See "Outdoor Cafe."

Entryway. The horizontal ground surface extending from the public right-of-way to a door or similar building entry.

Escrow. A deed, a bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

Existing Manufactured Home Park or Manufactured Home. For purposes of Article 7, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before 2000.

Facade. The building wall or elevation parallel or most closely parallel to a frontage or property line.

Family. One (1) or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of five (5) or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. Specifically excluded under this definition are persons living in boarding houses, fraternities, sororities and clubs. Notwithstanding this definition, a family shall be deemed to include five (5) or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Farm. A parcel of land used for growing or raising agricultural products, including related structures thereon.

Farmers Market. A market conducted outdoors or in an unenclosed structure where retail sales and demonstration of community supported agricultural products, including fruit, produce, ornamental crops, eggs and other agricultural products, and homemade value added products, including baked goods, jam and jellies, pickles and relish, dried fruits, syrup and honey, are permitted. A farmers market does not include the sale and demonstration of mass-produced items, used clothing, furniture, appliances and other similar products.

Fence. A structure, other than a building, which is a barrier used as a boundary or means of protection or confinement.

Flea Market. An occasional sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.

Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood Hazard Area. Any area of the town subject to the 100-year flood and so designated by the Flood Insurance Rate Map, as amended from time to time.

Flood Hazard Boundary Map (FHBM). For purposes of Article 5 an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

Flood Insurance Rate Map (FIRM). For purposes of Article 5 an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood-Resistant Material. For purposes of Article 5, any building material capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage which requires more than low-cost cosmetic repair. Any material which is water soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumber are acceptable flooring materials. Sheet-type flooring coverings which restrict evaporation from below and materials which are impervious, but dimensionally unstable, are not acceptable. Materials which absorb or retain water excessively after submergence are not flood-resistant.

Floodplain. Floodplain area means any land area susceptible to being inundated by water from any source.

Floodproofing. Structural additions, changes, or adjustments to structures subject to flooding which will reduce or eliminate flood damages of water and sewer facilities, structures, and contents of buildings.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood or base flood without cumulatively increasing the water surface elevation more than one (1) foot at any point.

Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. Term does not include floor of a garage used solely for parking vehicles.

Floor Area. Area of all floors of buildings or structures.

Floor Area, Gross. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the exterior faces of walls. It does not include unenclosed porches, or attics not used for human occupancy, or any floor spaces in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this ordinance, or any such floor space intended and designed for heating and ventilation equipment.

Floor Area Ratio. Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Food Truck. A food truck is defined as a fully enclosed vehicle equipped with facilities for preparing, cooking and selling various food products and operating at an approved fixed location as an extension of a retail food establishment. A food truck must be permitted by the South Carolina Department of Health and Environmental Control (SCDHEC) in order to operate.

Fringe or Drip-Flap. The portion of a canopy awning that hangs from the edge of the horizontal or angled top of the awning.

Front Porch. A front porch is an un-air-conditioned roof structure attached to the front of the unit.

Frontage. The front or frontage is that side of a lot abutting on a street or road and ordinarily regarded as the front of the lot. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under lots in this (definitions) section.

Frontage Line. The shorter building lot line which coincides to the right-of-way of the street or square. In the case of a building line abutting upon only one street, the frontage line is the line parallel to and common with the edge of sidewalk. In the case of a corner lot, the part of the building lot having the narrowest frontage on any street shall be considered the frontage line.

Grade. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line.

Grading. The movement of earth by mechanical means to alter the gross topographic features, including elevation and slope, to prepare a site for final grading and construction of facilities, including roads, utilities, structures and parking lots.

Gross Density. The total number of dwelling units subject to an application for development approval, divided by the total land area, expressed in number of acres that are the subject of the application.

Hard Surface. A ground surface covered with cobblestones, clay-fired bricks, concrete precast paver units or other decorative ingredient that creates an impervious or semi-impervious surface. A graded natural surface or one covered with rolled stone or loose gravel is not considered a hard surface.

Height. The vertical distance of a structure or vegetation measured from the average grade elevation within 20 feet of the structure to the highest point of the structure.

Highest Adjacent Grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

Home Occupation. Any occupation within a dwelling, including a hobby and clearly incidental thereto, carried on by a member or members of the family residing on the premises and not more than one additional person, provided that:

1.

No exterior indication of the use or change in character or exterior appearance is evident other than a sign permitted by these regulations

2.

The maximum floor area used for such operation shall not exceed 600 square feet or 25 percent of the gross floor area of the dwelling

3.

No display of products shall be visible from the street

4.

No disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition is created.

Household Pets. Animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, tropical fish and rodents.

HUD. The United States Department of Housing and Urban Development.

HUD Code. The regulations promulgated by the United States Department of Housing and Urban Development pursuant to the 42 U.S.C. Sec. 5401, the National Manufactured Home Construction and Safety Standards Act.

Impervious Surface. A man-made structure or surface which prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks swimming pools or patios.

Impervious Surface Ratio. The impervious surface ration is a measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the total site area.

Improvements. Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

Indoor. An activity that occurs exclusively within an area surrounded on all sides by roofs and walls.

Industry, Heavy. A use engaged in the basic processing and manufacturing of products predominately from extracted or raw materials.

Industry, Light. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Institutional Uses. Uses which are supportive of the residential community, providing indoor space for recreation, hobbies, meetings, education, day care and head start services, and worship as well as cultural facilities, group quarters for religious groups and the infirm or elderly.

Junk. Old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles and parts thereof.

Junk Yard. A parcel of land on which waste material or inoperable vehicles and other machinery are collected, stored, salvaged or sold.

Kennel. An establishment licensed to operate a facility housing dogs or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

Kennel, Private. Any building designed or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting or as pets.

Land-Disturbing Activity. Any grading, scraping, excavating or filling of land; clearing of vegetation; and any construction, rebuilding or alteration of a structure or any activity which may result in soil erosion from and the movement of sediments into waters or onto lands within the Town, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family residence, agricultural practices and the cutting of firewood for personal use.

Land Surveyor. Any person registered to practice professional land surveying by the South Carolina Board of Engineering Examiners.

Landscape Architect. A landscape architect properly registered and licensed in the state by the State Board of Licensing Examiners.

Landscaped Area. An area that is permanently devoted to and maintained for the growing of shrubbery, grass and other plant material.

Livestock. Any animal bred or kept for use or profit, excluding dogs, cats and horses.

Live-Work Unit. A building in which offices, studios or other commercial uses are located on the first floor and a dwelling unit is located above the first floor.

Local Street. A street designed and used primarily for access to lots within a subdivision or neighborhood. Streets which are not classified as arterial streets, collector streets or subcollector streets shall be classified as Local Streets.

Lot. A designated parcel, tract or area of land established by a plat and to be used, developed or built upon as a unit.

Lot Area. The size of a lot measured within the lot lines and expressed in terms of acres or square feet.

Lot, Corner. A lot abutting upon two (2) or more streets at their intersection.

Lot Coverage. Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.

Lot Depth. The mean horizontal distance between the front and rear lot line.

Lot, Double Frontage. A lot having a frontage on two (2) non-intersecting roads, as distinguished from a corner lot.

Lot, Flag. Lots or parcels that the city has approved with less frontage on a public street than is normally required for a lot in the zone. The panhandle or flagpole is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage.

Lot Line, Front. On an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a street; or on a through lot, the lot line abutting the street providing the primary access to the lot; or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

Lot of Record. A lot or parcel of land the plat or deed of which has been recorded in the County of Orangeburg.

Lot, Substandard. A lot or parcel of land that has less than the required minimum area, depth or width as established by the zone in which it is located. Generally, such lot or parcel was of record as a legally created lot on the effective date of this Ordinance.

Lot, Through. A lot having its front and rear yard each abutting on a street.

Lot, Width. The horizontal distance between side lot lines, measured at the required front setback line.

Major Subdivision Development Plan (Preliminary Plat). A map and construction plans indicating the proposed improvements and layout of lots in a subdivision which forms the basis for consideration and preparation of a final plat.

Manufactured Home. Manufactured home. A structure manufactured after June 15, 1976, bearing certification of compliance with HUD standards pursuant to S.C. Code § 40-29-70, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it.

Manufactured Home Park. A parcel of land under single ownership that has been planned and improved for the placement of manufactured housing for dwelling purposes.

Maximum Density. The total number of dwelling units authorized by an application. Maximum density does not include accessory dwelling units.

Median. That portion of a divided highway separating lanes of traffic proceeding in opposite directions.

Mini-Warehouse. A structure comprised of individual rental units for the purpose of storage, separated by permanent walls with individual exterior doors and each unit generally not exceeding three hundred (300) square feet in floor area.

Mixed Use Building. A building that contains mixed commercial and residential uses where commercial use are located primarily on the first floor, with dwelling units occupying the second floors or above.

Mobile Home. A structure manufactured prior to June 15, 1976, or manufactured after June 15, 1976 without certification of compliance with HUD standards pursuant to S.C. Code § 40-29-70, which is a movable or portable dwelling unit over thirty (30) feet in length constructed to be towed on its own chassis, without permanent foundation, consisting of a single or two or more connected components. The term does not include prefabricated, modular or unitized dwelling on a permanent foundation, or travel trailer, camper, or similar recreational unit.

Modular Building Unit. Means a building including the necessary electrical, plumbing, heating, ventilation and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building and not designed for ready removal to an another site. This term is not limited to residential dwellings. (The South Carolina Modular Building Construction Act, S.C. Code § 23-43-20).

Modular Home. A factory-built, single-family structure that conforms to the Building Code rather than to the HUD Code.

Net Density. The number of residential units in a project or on a site excluding designated open space, parks, lakes, streets, alleys and other areas where development is not permitted by this Ordinance, local ordinances, or by state or federal law.

Nonconforming Building or Structure. Any building or structure including sign that does not meet the prescribed dimensional and design standards for lots, buildings and structures located in base zoning districts, special zoning districts, overlay zoning districts and signs provided for in this Ordinance for the district in which such building or structure is located.

Nonconforming, Legally. Within districts established by this Ordinance or amendments thereto, there exist lots, structures, buildings, signs, site improvements, activities, and uses of land or structures, and characteristics of uses which were lawful before the effective date of this Ordinance was enacted, amended or otherwise made applicable to such lots, structures, activities and uses of land or structures, but which now do not conform to the regulations of the district in which they are located. These lots, structures, buildings, signs, site improvements, activities and uses of land or structures are defined as legally nonconforming.

Nonconforming Site. Any previously improved site that does not meet the prescribed parking, landscaping, buffer, drainage or other site design and improvement standards contained in this Ordinance for lots, buildings and structures located in base zoning districts, special zoning districts and overlay zoning districts provided for in this Ordinance for the district in which such building or structure is located.

Nonconforming Use. A use or activity which lawfully existed prior to the adoption, revision, or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the use district in which it is located.

Nonresidential Use. A land use other than a residential land use as listed in Article 6, Use Regulations, Section 21.44, Use Tables 2, and related accessory uses.

Office. A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.

Off-Street Parking Space. A parking space provided in a parking lot, parking structure or private drive way.

On-Street Parking Space. A parking space that is located on a dedicated street right-of-way.

Open Space. Any parcel or area of land or water set aside, dedicated, designated or reserved for public or private use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

Open space may be natural or may be improved as a natural area, greenbelt, park, playground or a landscaped traffic management amenity including a traffic circle, roundabout or close.

Open Space Ratio. The open space ratio is a measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the total site area.

Outdoor Cafe (also Sidewalk Cafe). An "outdoor cafe" is a portion of an eating or drinking place, located outdoors on or adjacent to a public sidewalk that provides waiter or waitress service and is either an enclosed or unenclosed outdoor cafe as defined herein. No portion of an outdoor cafe shall be used for any purpose other than dining and circulation therein. An "enclosed outdoor cafe" is an outdoor cafe, which is contained within a one-story structure constructed predominantly of light materials such as glass, slow burning plastic or lightweight metal. An "unenclosed outdoor cafe" is a space on or adjacent to the sidewalk, which contains readily removable tables, chairs or railings. An unenclosed outdoor cafe is open to the sky except that it may have a retractable awning or umbrellas. For purposes of this Ordinance, "readily removable" shall mean that no object which is part of the unenclosed outdoor cafe, such as a table, chair, planter or any other fixture, shall be leaded, cemented, nailed, bolted, power riveted, screwed in or affixed, even in a temporary manner, to either the pavement or sidewalk in which it is placed, to the building or to any other structure which it abuts.

Park. A public facility open for recreation, with commercial activities for recreational uses only, open space and public gardens.

Parking Bay. Two (2) parallel or near parallel rows of off-street parking spaces. The two (2) rows may be separated and served by a drive aisle or may be separated by a landscape strip or pavement marking and served by two (2) separate parallel drive aisles.

Parking Lane. A lane usually located on the sides of streets, designed to provide on-street parking for vehicular traffic.

Parking Lot. An area not within a building where motor vehicles and bicycles may be stored for the purposes of temporary, daily or overnight off-street parking.

Passageway. A connector providing access exclusively to pedestrians and located between buildings. Passageways provide shortcuts through blocks, or connect rear-parking areas with street frontages.

Paved Surface. A ground surface covered with poured cement, asphalt, pavers or other impervious surface. A graded natural surface or one covered with rolled stone or loose gravel is not a paved surface.

Pediment. A triangular space that forms the gable of a low-pitched roof and that is usually filled with relief sculpture in classical architecture.

Pen. An enclosure for domestic animals or an area of property specifically partitioned or fenced for use by a domestic animal. A fenced yard is not considered a pen.

Permeable Pavement. A pavement system with traditional strength characteristics, but which allows rainfall to percolate through it rather than running off. A permeable pavement system uses either porous asphalt, pervious concrete or pavers interlaid in a bond pattern and either pinned or interlocked in place. Porous asphalt consists of an open graded course aggregate held together by asphalt with sufficient interconnected voids to provide a high rate of permeability. Pervious concrete is a discontinuous mixture of Portland cement, coarse aggregate, admixtures and water which allow for passage of runoff and air.

Plan, Sketch. An informal plan not necessarily to exact scale, indicating the existing features of a tract proposed for subdivision, as well as its surroundings, and including a general layout of the proposed development.

Planned Development (PD). A development of land under unified control and management that is planned and developed as a whole in a single development operation or programmed series of development phases pursuant to an approved General Development Plan and within a Planned Development zoning district. A Planned Development is a mixed use development that includes housing of different types and densities and of compatible commercial uses, or shopping centers, office parks, and mixed-use developments characterized by a unified site design for a mixed use development. The development may include streets, circulation ways, utilities, buildings, open spaces and other site features and improvements.

Planning Commission. The duly designated Planning Commission of the Town of Santee established in accordance with S.C. Code § 6-29-350.

Plat. A diagrammatic plan or map showing the boundaries which results from the division of any tract of land into two (2) or more parcels.

Plaza. A paved or hard-surfaced area reserved for pedestrians and surrounded on at least two (2) sides by buildings.

Portico. A porch with a roof supported by columns.

Principal Entry. An entry into a building that faces or adjoins a sidewalk or a plaza, and that is open to customers, employees and other users of a building during normal business hours. A loading area does not constitute the "Principal Entry" for a building.

Principal Use. The main use of land or structures, as distinguished from a secondary or accessory use.

Property Owner. The person(s) at the date of the application whose name appears on the county tax records as an owner of the property in question.

Proposed Development. The development requested by an applicant which includes all buildings and land uses subject to an application.

Public Facilities. Streets, police facilities, fire protection facilities, community parks, water facilities, sewer facilities, and storm drainage facilities.

Recessed Entryway. A recess or niche located on the front facade of a building and which leads to a principal entry. A recessed entryway is unenclosed on the side adjoining the sidewalk, plaza or public right-of-way, enclosed on the opposite side with a wall containing a doorway, and enclosed on the other sides.

Recreational Facility. Any park, recreation c or recreational structure owned or operated by the Town of Santee.

Recreational Vehicle. A vehicle which is:

a.

Built on a single chassis;

b.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

c.

Designed to be self-propelled or permanently towable by a light duty truck; and

d.

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

Religious Land Uses. Churches, synagogues, parish houses, Sunday school buildings, convents and similar uses and their customary uses including child care on the premises during worship services.

Residential Zoning District or Residential District. Any of the following: RS-1, RS-2, RS-3, RG.

Restaurant. 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.

Retail, Convenience. Convenience retail establishments are those providing convenience items and services to the general public, including barber and beauty shops, grocery stores, hardware, etc.

Retail, Primary. Primary retail establishments are those selling commodities in small quantities to the consumer, usually low bulk comparison items which are normally found in department stores and stores selling general merchandise, variety merchandise, shoes, millinery, clothing, jewelry, etc.

Retail, Secondary. Secondary retail establishments are those selling primary one-stop shopping items usually high bulk and very often more expensive items than those found in a primary retail establishments, including stores selling appliances, radio, television, floor coverings, furniture, etc.

Right-of-Way. A strip of land occupied or intended to be occupied by a street, railroad, road, electric transmission line, gas pipe line, water main, sanitary or storm sewer main, walkway, shade trees or another special use.

Riparian Buffer. Also called a riparian corridor, it is the area of land adjacent to and generally parallel to a stream or the edge of a body of water. It is twenty-five (25) feet in width on both sides of the stream measured from the stream banks and around all bodies of water as measured from the high water mark. It includes the stream banks. Typically, riparian buffer areas are forested.

Road or Roadway. See "Street".

Road, Private. A way open to vehicular ingress and egress established as a separate tract for the benefit of certain, adjacent properties. This definition shall not apply to driveways.

Road, Public. All public property reserved or dedicated for street traffic.

Road, Street or Thoroughfare. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic.

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. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrial 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, TVROs (television reception only satellite dish antennas) and microwave antennas.

School. A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools and high schools.

Screen. A structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.

Section 1316 of the National Flood Insurance Act of 1968. For purposes of Article 5, the Act provides that no new flood insurance shall be provided for any property found by the Federal Emergency Management Agency to have been declared by a state or local authority to be in violation of state or local ordinances.

Setback. The horizontal distance between the building line and the related front, side or rear property line.

Shopping Center. A group of 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. Shopping centers are further defined by size and building area:

a.

Shopping Center, Community Center (general merchandise with two (2) or more anchors) including between 100,000 to 400,000 gross square feet of building area and between ten (10) to thirty (30) acres of site area.

b.

Shopping Center, Neighborhood Center including between 30,000 to 100,000 gross square feet of building area and between three (3) to ten (10) acres of site area.

c.

Shopping Center, Regional Center (enclosed mall with two (2) or more anchors) including between 400,000 to one (1) million gross square feet of building area and between ten (10) to one hundred (100) acres of site area.

d.

Shopping Center, Super Regional (similar to regional, but has three (3) or more anchors) including at least 500,000 gross square feet of building area and more than one hundred (100) acres of site area.

Shoulder. The graded part of the right-of-way that lies between the edge of the main pavement (main travel way) and the curb line.

Sight Triangle. A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Sign. See Article 9.

Site Analysis. The analysis of the characteristics of the entirety of a site proposed for development including all land that may be reserved for future development and land reserved for natural open space or recreation. The site analysis includes location; geology and soils; topography evaluated at five percent (5%) slope intervals; significant topographical features, including ridges, outcroppings, bluffs, etc.; wetlands, streams, floodplains, floodways, water bodies and other water features; existing vegetation and tree cover; visual and view features; environmental characteristics, including endangered and threatened flora and fauna; tree cover; structures; road networks; past, present and proposed uses of the site; and others.

Site Plan. An accurately scaled development plan that illustrates the existing conditions on a land parcel depicting the details of a proposed development.

Special Exception. An authorization by the Board of Zoning Appeals pursuant to S.C. Code § 6-29-800 provided that the terms and conditions in the Zoning Ordinance are met.

Stoop. A raised platform located at the entry of a building and approached by steps. A stoop may have a roof.

Street. Any vehicular way, including all existing state, county or municipal roadways and any proposed roadways.

Street Furniture. Man-made, above ground items that are usually found in street rights-of-way, including streetlights, benches, planters, landscaping, canopies, waste receptacles, and bollards.

Street Network. The Street system within the incorporated areas of the town which consists of the Arterial Streets and Collector Streets as defined herein.

Street Tree. A tree located between the back of a street curb and the sidewalk, generally within the street right-of-way.

Structural Alteration. Any change except those required by law, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.

Subdivider. A subdivider is a person, firm or corporation having such a proprietary interest in the land to be subdivided as will authorize the maintenance of proceedings to subdivide such land under this Ordinance, or the authorized agent of such persons, firm or corporation for the purpose of proceeding under this Ordinance.

Subdivision. All divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale, lease or building development, and includes all division of land involving a new street or change in existing streets, and includes re-subdivisions which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any street or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Such repairs may be undertaken successively and their costs counted cumulatively. Refer to the definition of "substantial improvement".

Substantial Improvements. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

1.

Before the repair or improvement is started; or

2.

If the structure has been damaged and is being restored, to the condition that existed before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include either:

a.

Any project for improvement of a structure to comply with existing state or local codes which are solely necessary to assure safe living or occupancy conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Surveyor. A land surveyor properly registered and licensed in the state by the state board of land surveyors.

Tavern. See "Bar."

Tourist Home. A private dwelling unit that is used as a temporary accommodation to overnight guests for a fee, not exceeding a week at a time, and not more than once every six (6) months.

Tree. Any self-supporting woody perennial plant which has a caliper of two (2) inches or more and which normally obtains a height of at least ten (10) feet at maturity, usually with one (1) main stem or trunk and many branches.

Understory Tree. A small deciduous tree that forms the layer of vegetation under the canopy tree in a forest. Examples of such trees include dogwoods, sourwoods, fruit trees and others.

Use, Accessory. See Building, Accessory.

Use. The purpose or activity for which land or any building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Use, Principal. The primary purpose for which land is used.

Utility. Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, storm water systems and railroads or other utilities identified by a local government.

Variance. A variance is a modification granted by the Board of Zoning Appeals from the terms of the relevant regulations of this Ordinance when strict application would result in an unnecessary hardship (S.C. Code § 6-29-800). For purposes of Article 3, a "variance" means the grant of relief from a term or terms of Article 3.

Vegetation. Any object of natural growth.

Vision Clearance Area (as defined by Law Insider) is typically a triangle area at an intersection; the space being defined by a line across the corner, the ends of which are on the street lines or alley lines, an equal and specified distance from the corner.

Violation. For the purposes of Article 11, the failure of a structure or other development to be fully compliant with these regulations.

Woodland. An area of contiguous wooded vegetation where the branches and leaves form a continuous canopy. A woodland may be delineated through an aerial photograph or a ground survey. A woodland includes understory and both large and small trees.

Yard. An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided by this Ordinance.

Yard, Front. A yard extending the full width of the front of a lot between the front (street) right-of-way line or property line and the front building line.

Yard, Rear. A yard extending the full width of the lot in the area between the rear lot line and the rear building line.

Yard, Required. That part of a yard between a lot line and the minimum required building setback line, within which no structure shall be located except as provided by this Ordinance.

Yard, Side. A yard extending the full length of the lot in the area between the side lot line and a side building line.

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