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South Congaree City Zoning Code

GENERAL PROVISIONS

§ 158.050 CONTINUANCE OF NON-CONFORMING USES.

   (A)   The lawful use of any building or structure or land existing at the time of the enactment of or subsequent amendment to this chapter may be continued (with the exception of the uses listed in § 158.051) subject to the restrictions contained in this chapter.
   (B)   The non-conforming structure or use shall not be:
      (1)   Changed to another non-conforming use;
      (2)   Torn down and rebuilt as a non-conforming use;
      (3)   Extended or enlarged except in conformity with this chapter;
      (4)   Reestablished after vacancy or discontinuance for one (1) year;
      (5)   Rebuilt, altered or repaired, except in conformity with this chapter, after damage exceeding 75% of the fair market value of the improvement as determined from the tax records of Lexington County, provided, however, this provision shall not apply to an owner occupied dwelling;
      (6)   Repaired or altered to an extent exceeding 10% of the current replacement cost of the building within any period of 12 consecutive months. Work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building as it existed at the effective date of this chapter shall not be increased, and that the cost and time limits set by this section are not exceeded;
      (7)   Manufactured or mobile homes which do not conform to the requirements of the chapter shall not be replaced with a non-conforming mobile home. In the case of a non-conforming mobile home erected prior to 11-2-1987, the replacement home shall meet the requirements of § 158.054, but a special exception shall not be required. In the case of a non-conforming mobile home erected after 11-1-1987, the replacement home shall meet the requirements of §§ 158.032 and 158.054, and a special exception shall be required.
      (8)   In the case of replacing a mobile home in an approved mobile home park, the replacement mobile home must meet the requirements of § 158.054, but a special exception shall not be required.
(1985 Code, § 9-41)

§ 158.051 DISCONTINUANCE OF NON-CONFORMING USES.

   The following non-conforming uses of land shall be discontinued or made to conform with the use provisions of this chapter within the following periods of time from the date of adoption of this chapter or subsequent amendments effecting a non-conforming use:
 
Non-conforming outdoor advertising signs and automobile junk yards
3 years
Display of merchandise for sale in required front yards
1 year
 
(1985 Code, § 9-42)

§ 158.052 OFF-STREET AUTOMOBILE PARKING AND STORAGE.

   (A)   Off-street automobile parking and storage space shall be provided on every lot on which any of the uses mentioned in this section are hereafter established.
   (B)   Automobile parking or storage space shall be provided with vehicular access to a street or alley and shall be equal in area to at least the minimum requirements for the specific uses as set forth below.
   (C)   An automotive parking space is determined to consist of a space no less than nine (9) feet by 18 feet for standard size vehicles and no less that seven (7) feet by 15 feet for compact cars if so marked. No more than 25% of the parking requirements of this chapter may be satisfied with compact car spaces. If the required automobile parking or storage space cannot be provided on the same lot on which the principal use is located, the Zoning Board of Adjustment may permit the space to be provided on other off-street property provided the space is within 500 feet of the principal use.
   (D)   The spaces shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.
   (E)   All off-street parking and storage space except for single and 2-family residential uses shall be arranged that vehicles will not be required to back onto a public street, road, or highway when leaving the premises.
   (F)   Off-street automobile parking and storage spaces shall be equal in number to at least the minimum requirements for the specific uses set forth below:
Auto sales and repair
1 space for each 150 square feet of auto repair or maintenance space
Churches, synagogues or other places of worship
1 space for each 4 seats in the main assembly room or sanctuary
Gasoline service stations
3 spaces for each grease rack or similar facility, plus 1 space for each employee on the shift with highest employment
Hospitals, nursing homes, sanitariums or similar institutions
1 space for each 2 beds intended for patients, not including bassinets, plus 1 space for each 3 employees on the shift with highest employment
Industries
1 space for each 3 employees on the shift with highest employment
Mortuaries or funeral parlors
1 space for each 4 seats in the chapel, 1 additional space for each 2 employees, 1 additional space for each resident family, and 1 additional space for each funeral vehicle
Motels, hotels, tourist homes, rooming and boarding houses
1 space for each room to be let, plus 1 space for each 2 employees on the shift with highest employment
Offices, including banks
1 space for each 300 square feet of gross floor area
Places of public assembly, fraternal organizations
1 space for each 4 seats of maximum seating capacity in the main assembly room
Restaurants or similar eating establishments
1 space for each 4 seats provided for patron use and 1 additional space for each 2 employees on the shift with highest employment
Residences
Single-family and duplex
2 spaces for each dwelling unit
Multi-family
2 spaces for each dwelling unit
Retail and service businesses
1 space for each 300 square feet of sales floor area
Schools, public and private
1 space for each 4 seats in the main auditorium or assembly room
Shopping centers
1 space for each 150 square feet of gross floor area
Truck Terminals
Sufficient space to accommodate the maximum number of trucks to be stored or to be loading or unloading at the terminal at any 1 time
Wholesaling and warehousing
1 space for each 3 employees on the shift with highest employment
 
(1985 Code, § 9-43) Penalty, see § 158.999

§ 158.053 OFF-STREET LOADING AND UNLOADING SPACES.

   (A)   Every building or structure used for business, trade or industry shall provide space as indicated herein for the loading and unloading of vehicles off a street or public alley.
   (B)   The space shall have access to an alley or to a street.
   (C)   The space shall be so arranged that no vehicle is required to back onto a public street, road or highway in order to enter or leave the premises.
 
Retail business and service
1 space 10 feet by 25 feet with overhead clearance of 14 feet for each 20,000 square feet of total floor area or fraction thereof
Wholesale and industry
1 space 10 feet by 50 feet with overhead clearance of 14 feet for each 10,000 square feet of floor area plus 1 additional space for each 60,000 additional square feet of total floor area or fraction thereof
Truck terminals
Sufficient space to accommodate the maximum number of trucks to stored or to be loading or unloading at the terminal at any 1 time
 
(1985 Code, § 9-44) Penalty, see § 158.999

§ 158.054 STANDARDS FOR MOBILE HOMES.

   (A)   All mobile homes erected in the Town of South Congaree shall meet the following standards:
      (1)   Department of Housing and Urban Development 1976 Construction and Safety Standards for Manufactured Housing;
      (2)   South Carolina Department of Health and Environmental Control Regulations;
      (3)   Southern Standard Building Code, Fire Code, Plumbing Code and Electrical Code; and
      (4)   Current state standards for decent, safe, and sanitary housing.
   (B)   This chapter shall not apply to homes erected prior to 8-1-1988.
   (C)   Those homes shall be considered non-conforming uses, and shall be controlled by § 158.050.
(1985 Code, § 9-45)

§ 158.055 GARAGE SALES IN ALL ZONES.

   The following regulations are hereby declared essential in order to regulate garage sales in all zones:
   (A)   Permit.
      (1)   A permit must be obtained from town hall for each sale and same to be posted at the site of the sale.
      (2)   The cost of each permit is to be $5 per permit per day.
      (3)   The maximum period for each permit is four (4) days consecutively.
      (4)   The maximum number of permits allowed per calendar year is four (4) per family/location.
   (B)   Removal of tables. All tables, merchandise and the like must be removed at the end of the permitted time of sale.
   (C)   Merchandise. No new or used merchandise be purchased or brought in for the sale.
   (D)   Family merchandise. That all merchandise be that of the family or families conducting the sale.
   (E)   Signs.
      (1)   Two (2) on-site garage sale signs shall be permitted advertising the sale. The total display area of each of these two (2) signs shall not exceed six (6) square feet.
      (2)   Two (2) off-site garage sale signs may be permitted provided:
         (a)   The total display area of each sign shall not exceed six (6) square feet;
         (b)   No portion of any garage sale sign shall overhang or encroach upon any public right-of-way;
         (c)   No sign be posted on any private property without the written permission of the property owner;
         (d)   No sign shall be permitted which is attached to a utility pole or street sign, or is attached to or painted on tree trunks, rocks, or other natural objects; and
         (e)   All signs advertising the sale shall be removed at the end of the permitted time.
   (F)   Public address system. That no public address system be used.
   (G)   Alcoholic beverages. That no alcoholic beverages of any type be served or given on or near the premises.
   (H)   Sale hours. The hours of the sale shall be from daylight to dark. Sunday sales shall be from daylight to dark. Sunday sales shall adhere to the Lexington County Blue Law Regulations.
   (I)   Non-profit organizations. Non-profit organizations will be required to obtain a permit, but the fee shall be waived.
   (J)   Enforcement. If upon inspection by the Municipal Clerk or his or her designee, the Inspector, or a police member, he or she finds that in his or her opinion the section is being violated, a citation will be issued or the right to continue with the sale will be terminated at once.
   (K)   Violation. The owner of any residence and/or the person to whom a permit is issued for the purpose of having a garage sale under this section who shall fail to comply with any part of it shall, upon conviction thereof before the town judge, be fined the maximum amount able to impose by S.C. Code § 14-25-65 without indictment by grand jury or imprisoned not more than 30 days for each offense.
(1985 Code, § 9-46)