South Congaree City Zoning Code

1. Single lots.
   1. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.
   2. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
   3. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.
2. Adjoining lots. If two (2) or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption of this chapter and the lots individually are too small to meet the yard, width, and area requirements of the district in which they are located, the groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one (1) ownership shall be subject to the requirements of this chapter.

(1985 Code, § 9-96)

Penalty, see § 158.999

(1985 Code, § 9-97)

Penalty, see § 158.999

In any district, on any corner lot, no fence, sign, structure, planting, or other obstruction to vision between three (3) and ten (10) feet above the established street grades shall be erected or maintained within the line connecting points on the street lot line 20 feet distant from the corner.

(1985 Code, § 9-99)

Designation of Zoning Classification. When annexation is accomplished by ordinance, the Town Council shall specify an interim zoning district classification or classifications in the annexation ordinance, with the classification or classifications to become effective upon the effective date of the annexation. When annexation is accomplished by election or referendum, the annexed area shall be classified R-1, with the zoning district classification effective upon the effective date of the annexation.

(1985 Code, § 9-100)

1. Immediately after the effective date of the annexation, the Zoning Administrator shall initiate zoning amendment proceedings as specified by this chapter for purposes of establishing or confirming appropriate zoning classifications for the annexed area, and the public hearing therefor shall be scheduled to be held not less than 60 days after the effective date of annexation.
2. Also provided that the proposal to be brought before the hearing may either be to retain all the annexed area in the classification or classification originally designated to be effective upon annexation or to change all or part of the annexed area to classifications other than those originally designated.

(1985 Code, § 9-101)

1. Group developments consist of commercial, industrial and housing group development projects, not to include mobile homes or mobile home parks.
2. Group commercial or industrial developments consist of more than one (1) commercial or industrial structure erected on a single lot.
3. Group housing developments consist of more than one (1) residential structure (single-family, duplex or multi-family) on a single lot.

(1985 Code, § 9-102)

Penalty, see § 158.999

Group housing developments may be established in any district provided that:

1. They constitute only permitted or permissible uses for the district in which they are located; and
2. They meet all lot, yard, and other requirements of this chapter.

(1985 Code, § 9-103)

Penalty, see § 158.999

Group housing development may be established in the following districts provided that:

1. Requirements. They meet all lot, yard, and other requirements of this chapter;
   1. R-1 if the group housing development consists of single-family residence;
   2. R-2 if the group housing development consist of only single-family and duplex residences; and
   3. Establishment is permitted outright in R-3 and C-1 districts.
2. Lot size. A group housing project shall not be permitted on a lot or plot of ground having an area of less than one (1) acre.
3. Street access. Any building established in connection with the group housing project which cannot properly be served by emergency or service vehicles from an abutting street shall be made accessible to the vehicles by a paved driveway of not less than 20 feet width, exclusive of parking spaces.
4. Off-street parking. Off-street parking facilities established in connection with developments shall be of the design, location and arrangement that will not interfere with the efficient flow of traffic through the area and that will not interfere with the access for emergency or service vehicle, see § 158.052.
5. Separation of buildings. All buildings and structures established in connection with the projects shall not be less than 20 feet apart.
6. Setback requirements. Unless otherwise provided by this chapter, all buildings and structures established in connection with the development shall comply with the front yard setbacks established for the district in which located and shall be set back not less than 15 feet from any side or rear property line. Parking facilities or driveways shall not be permitted in the side and rear yard setbacks for a distance of ten (10) feet from the property line.
7. Uses prohibited. In no case shall a use be permitted in connection with the development that is not permitted by this chapter in the district in which the project is to be located.
8. Position of dwelling structure. No dwelling structure established in connection with a group housing project shall be situated on a lot as to face the rear of another building or structure within the development or on adjoining properties for a distance of 100 feet.
9. Screening. Group housing projects shall be effectively screened along the side and rear property lines by a planting of a vegetative, opaque screen at least four (4) feet deep and six (6) feet tall or a solid masonry wall at least six (6) feet tall. If a vegetative screen is selected to fulfill the requirements of this section, the screen shall be effective within six (6) months of the initial use of the property for residential purposes. If normal growth does not permit the fulfillment of the requirements of this section within the time period, a temporary wood or equivalent screen six (6) feet in height, approved by the Zoning Administrator, shall be installed until time as the vegetative screen meets the above requirements.
10. Review by Planning Commission. Before any proposal for construction or enlargement of any group housing development, the Planning Commission shall review site plans, descriptions, and other materials as deemed appropriate in order to determine that the requirements listed above will be met by the proposed development, and further shall find that the development is in harmony with the intent and purposes of this chapter.

(1985 Code, § 9-104)

Penalty, see § 158.999

A parcel of land in single ownership used or set apart for the purpose of supplying parking space for two (2) or more mobile homes and which includes buildings, structures, vehicles or enclosures used or intended for use as a part of a mobile home park. (Refer to Regulation 61-40 (DHEC), S.C. Code of 1976.)

(1985 Code, § 9-105)

Penalty, see § 158.999; Mobile home parks, see Chapter 152

Mobile home park, see S.C. Code, Regulation 61-40 (DHEC)

Day nurseries and kindergartens shall comply with the following minimum standards.

1. A solid masonry wall or vegetative screening which furnishes equal protection against noise shall be provided when determined by the Zoning Administrator to be appropriate.
2. Facilities, operation and maintenance shall meet the requirements of the South Carolina Department of Social Services.
3. An area adequate for loading and unloading children to be accommodated shall be provided and the area shall not be located within any public right-of-way.

(1985 Code, § 9-106)

Penalty, see § 158.999

When the rear or side lot line of a lot zoned and used for commercial or industrial purpose adjoins the rear or side lot line of a lot zoned for residential purposes, the commercial or industrial property owner shall comply with the following requirements.

1. Upon a request of the owner of the residentially zoned property, filed in the town hall with the Zoning Administrator, the commercial or industrial property owner shall provide a vision screening buffer along the common lot lines between the commercial/industrial property and the residential property.
2. This buffer shall consist of a visual-screening fence or a solid brick wall at least six (6) feet tall or a vegetative screen with adult vegetation being at least six (6) feet tall and four (4) feet thick.
3. A vegetative screen, if selected, must be effective within 12 months of planting and must provide year round screening.
4. Either type of screening must be approved by the Zoning Administrator and shall be mutually agreed upon by the concerned land owners.
5. After the screening request is submitted by the residential property owner, the Zoning Administrator will notify the commercial/industrial property owner of his or her responsibility and provide a period of six (6) months for the responsibility to be fulfilled.

(1985 Code, § 9-107)

Penalty, see § 158.999

Parking facilities or driveways shall not be permitted in the side and rear yard setbacks for a distance of four (4) feet from the property line for lots in residential districts.

(1985 Code, § 9-108)

Penalty, see § 158.999

1. Purpose. It is the purpose of this section to regulate game rooms/amusement centers to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulation to prevent the deleterious location and concentration of game rooms within the city.
2. License required. A business license is required to operate a game room subject to provisions of the Business License Chapter of the town.
3. Location of game room/amusement center.
   1. Game rooms are allowed within C-1 districts; and
   2. Game rooms shall not be operated within 1,000 feet of:
      1. A church;
      2. A public or private elementary or secondary school;
      3. A public park adjacent to any residential area;
      4. The property line of a lot devoted to residential use; or
      5. Another game room/amusement center.
4. Regulations for game room/amusement center.
   1. Operating times shall be between 7:00 a.m. and 11:00 p.m., Monday through Saturday, and 1:30 p.m. through 6:00 p.m. Sunday.
   2. Loitering is prohibited.
   3. Premises shall be equipped with lighting sufficient to illuminate every place to which patrons are permitted access.
   4. Age requirements must be strictly adhered to according to the South Carolina Code.
   5. On premise alcoholic consumption is prohibited.
   6. Parking lot shall be under jurisdiction of the Police Department. A letter from the property owner shall be required and signs posted before a license is issued.
   7. If game room/amusement center is an addition to an existing business, it shall be in an enclosed area not visible to normal patrons.
5. Compliance. Compliance of all regulations in this section shall be the responsibility of the proprietor.

(1985 Code, § 9-110)

Penalty, see § 158.999

1. Purpose.
   1. It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the city.
   2. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communication materials including sexually oriented materials.
   3. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
   4. Neither is it the intent or effect of this section to condone or legitimize the distribution of obscene material.
2. Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   Adult Arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of "certain sexual activities” or "specified anatomical areas."

   Adult Bookstore or Adult Video Store. A commercial establishment which, as one (1) of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:

   1. Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas;" or
   2. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities" or “specified anatomical areas" and still be categorized as Adult Bookstore or Adult Video Store. Other business purposes will not serve to exempt the commercial establishment from being categorized as an Adult Bookstore or Adult Video Store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

   Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

   1. Persons who appear in a state of nudity;
   2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or
   3. Films, motion pictures video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

   Adult Motel. A hotel, motel or similar commercial establishment which:

   1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or " specified anatomical areas;" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
   2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
   3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

   Adult Motion Picture Theater. A commercial establishment where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas.”

   Adult Theater. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

   Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

   Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration.

   Establishment. Includes any of the following:

   1. The opening or commencement of any sexually oriented business as a new business;
   2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
   3. The additions of any sexually oriented business to any other existing sexually oriented business; or
   4. The relocation of any sexually oriented business.

   Nude Model Studio. Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

   Nudity or a State of Nudity. The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.

   Permittee and/or Licensee. A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

   Person. An individual, proprietorship, partnership, corporation, association or other legal entity.

   Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

   Sexual Encounter Center. A business or commercial enterprise that, as one (1) of its primary business purposes, offers for any form of consideration:

   1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
   2. Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude.

   Sexually Oriented Business. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

   Specified Anatomical Areas. The male genitals in a state of sexual arousal and/ or the vulva or more intimate parts of the female genitals.

   Specified Sexual Activities. Includes any of the following:

   1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
   2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
   3. Masturbation, actual or simulated; or
   4. Excretory functions as part of or in connection with any of the activities set forth in division (a) through (c) above.

   Substantial Enlargement of a Sexually Oriented Business. The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on 4-6-1993.

   Transfer of Ownership or Control of a Sexually Oriented Business. Includes any of the following;

   1. The sale, lease or sublease of the business;
   2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
   3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
3. Classification. Sexually oriented businesses are classified as follows:
   1. Adult arcades;
   2. Adult bookstores or adult video stores;
   3. Adult cabarets;
   4. Adult motels;
   5. Adult motion picture theaters;
   6. Adult theaters;
   7. Escort agencies;
   8. Nude model studios; and
   9. Sexual encounter centers.
4. Permit required.
   1. A person commits a misdemeanor if he or she operates a sexually oriented business without a valid permit issued by the town for the particular type of business.
   2. An application for a permit must be made on a form provided by the Zoning Administrator. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
   3. The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the law by the Health Department, Fire Department and building official.
   4. If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business, each individual have a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant.
   5. The fact that a person possesses other types of state, county, or city permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually oriented business permit.
5. Issuance of permit and fee.
   1. The Town Zoning Administrator shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he or she finds one (1) or more of the following to be true.
      1. An applicant is under 18 years of age.
      2. An applicant or an applicant's spouse is overdue in his or her payment to the town of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business.
      3. An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
      4. An applicant is residing with a person who has been denied a permit, by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
      5. The premises to be used for the sexually oriented business has not been approved by the Health Department, Fire Department and the building official as being in compliance with applicable laws and ordinances.
      6. The permit fee required by this section has not been paid.
      7. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this section.
      8. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
   2. The annual fee for a sexually oriented business permit is $1,000.
6. Inspection. An application of permittee shall permit representatives of the Police Department, Health Department, Fire Department, Zoning Department, or other city departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business, and it is unlawful to refuse to permit the inspection of the premises at any time it is occupied or open for business.
7. Expiration of permit.
   1. Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided herein. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit will not be affected except for good cause shown.
   2. When the Zoning Administrator denies renewal of a permit, the applicant shall not be issued a permit for one (1) year from the date of denial. If, subsequent to denial, the Zoning Administrator that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit.
8. Suspension of permit. The Zoning Administrator may suspend a permit for a period not to exceed 30 days if he or she determines that a permittee or an employee of a permittee has:
   1. Violated or is not in compliance with any division of this section;
   2. Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
   3. Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; or
   4. Knowingly permitted gambling by any person on the sexually oriented business premises.
9. Revocation of permit.
   1. The Zoning Administrator shall revoke a permit if a cause for suspension in division (H) above occurs and the permit has been suspended within the preceding 12 months for willful and knowing violation of this section.
   2. The Zoning Administrator shall revoke a permit if he or she determines that:
      1. A permittee knowingly gave false or misleading material information in the application submitted to the Zoning Department during the application process;
      2. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
      3. A permittee or an employee knowingly allowed prostitution on the premises;
      4. A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;
      5. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted premises; or
      6. A permittee is delinquent in payments to the city, county or state for any taxes or fees past due related to the sexually oriented business.
   3. When the Zoning Administrator revokes a permit, the revocation shall continue for one (1) year, and the permittee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the Zoning Administrator finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the date the revocation became effective.
10. Transfer of permit. A permittee shall not transfer his or her permit to another, nor shall a permittee operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application.
11. Location of sexually oriented businesses.
    1. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business outside of a designated C-1 district. All sexually oriented businesses shall be located with a C-1 district.
    2. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business within 1,000 feet of:
       1. A church;
       2. A public or private elementary or secondary school;
       3. A public park adjacent to any residential use; or
       4. The property line of a lot devoted to residential use.
    3. A person commits a misdemeanor if he or she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
    4. A person commits a misdemeanor if he or she causes or permits the operation, establishment, or maintenance of more than one (1) sexually oriented business in the same building, structure, or portion thereof, or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
    5. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
    6. For purposes of division (3) above of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
    7. Any sexually oriented business lawfully operating on 4-6-1993 that is in violation of division (1) through (6) of this section shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the after established business(es) is non conforming.
    8. A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit of a church, public or private elementary or secondary school public park, residential district, or a residential lot with 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
12. Additional regulations for adult motels.
    1. Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
    2. A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business permit, he or she rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he or she rents or subrents the same sleeping room again.
    3. For purposes of division (2) above of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
13. Regulations for exhibition of sexually explicit films or videos.
    1. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other reproduction which depicts "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements.
       1. Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The Zoning Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that the configuration of the premises has not been altered since it was prepared.
       2. The application shall be sworn to be true and correct by the applicant.
       3. No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Administrator or his or her designee.
       4. It is the duty of the owners and operators of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station. This may be made without the prior approval of the Zoning Administrator or his or her designee.
       5. The interior of the premises shall be configured in a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Video reproduction equipment shall not be allowed in restrooms. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in a manner that there is an unobstructed view from at least one (1) of the manager's stations of each area of the premises to which any patron is permitted access for any purpose. The view required in this subsection must be by direct line of sight from the manager's station.
       6. It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in division (e) above remains unobstructed by any walls, merchandise, display racks or other materials at all times and in every booth or room in which viewing of videos, as defined in division (a) above is taking place, the bottom of the door must be at least 18 inches above the floor level, and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will, not be permitted in the application filed pursuant to division (a) above of this section.
       7. No viewing room may be occupied by more than one (1) person at any time.
       8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) footcandle as measured at the floor level.
       9. It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present on the premises.
    2. A person having a duty under divisions (a) through (i) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
14. Exemptions. It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:
    1. By a proprietary school, licensed by the State of South Carolina, a college, junior college or university supported entirely or partly by taxation;
    2. By a private college or university which maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
    3. In a structure:
       1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
       2. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
       3. Where no more than one (1) nude model is on the premises at any one (1) time.

(1985 Code, § 9-111)

Penalty, see § 158.999

1. Authority. Whenever the governing body, Zoning Administrator or their designated representative finds that there exist in the town dwellings or buildings which are unfit for human habitation and/or other use due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or other conditions rendering the dwellings or buildings unsafe or unsanitary, dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of South Congaree, the governing body, Zoning Administrator or their designated representative(s) may, upon the approval of a majority of the members of Council, exercise the town’s police powers to repair, close or demolish any dwellings or building.
2. Filing of complaint and investigation. That whenever a complaint or petition is filed with the governing body, Zoning Administrator or their other designated representative(s), by any one (1) of the administrative heads of the town departments which routinely deals with areas relevant to this statute, or by at least five (5) residents or property owners of the town who have some portions of their property within 2,000 feet of some portion of the property upon which the dwelling or building or other structure is located, charging that any dwelling or building or other structure is unfit for human habitation, or whenever it appears to the governing body, Zoning Administrator or their other designated representative(s) (on their own motion) that any dwelling or building or other structure is unfit for human habitation, the governing body, Zoning Administrator, and or their designated representative shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and all parties in interest in a dwelling or building or other structure, a complaint and notice in letter form (return receipt requested) stating the charges in that respect and that a hearing will be held before the governing body, Zoning Administrator or other designated representative(s) no less than ten (10) calendar days nor more than 30 calendar days after the service of the complaint or letter, that the owner and parties in interest shall be given the right to file an answer to the complaint in letter form and to appear in person or otherwise and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in the courts of law or equity shall not be controlling in the hearings.
3. Notice to owner and necessary action by owner.
   1. If, after the notice and hearing, the governing body, Zoning Administrator and or their designated representative(s) determines that a dwelling or building or other structure under consideration is unfit for human habitation, it shall be stated in writing.
   2. The writing is to include the findings of fact in support of the determination, and this writing shall be issued and caused to be served upon the owner of the property together with or in the form of a notice.
      1. If the repair, alteration or improvement of the dwelling or building or other structure can be made at a reasonable cost in relation to the value of the dwelling or building or other structure, the owner shall be required within the time specified in order to repair, alter or improve the dwelling or building or other structure to render it fit for human habitation; or
      2. If the repair, alteration or improvement of the dwelling or building or other structure cannot be made at a reasonable cost in relation to the value of the dwelling or building or other structure, the owner shall be required, within the time specified in the order, to remove or demolish the dwelling or building.
4. Failure to comply. If the owner fails to comply with the order to repair, alter or improve or remove and demolish, the governing body, Zoning Administrator, and or their designated representative(s), may cause the dwellings or building or other structure to be repaired, altered or improved, or removed, or demolished.
5. Removal or demolition. If the owner fails to comply with the order to remove or demolish the dwelling or building or other structure, the governing body, Zoning Administrator, or their other designated representative(s), may cause the dwelling or building or other structure to be removed or demolished.
6. Costs. The amount of the cost of the repairs, alterations or improvements, or removal or demolition by the Town of South Congaree shall be a lien against the real property placed and collected through appropriate judicial process.
7. Unfitness.
   1. A dwelling or building or other structure is unfit for human habitation if conditions exist in the dwelling, or building or other structure which are dangerous or injurious to health or safety of the occupants of the dwelling, building or other structure, the occupants of neighboring dwelling or building or other structures, or other residents of the town.
   2. The conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accidents, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; and any other conditions in a reasonable way relating to unfitness for human habitation as previously set forth.
8. Service of complaint.
   1. Complaints by letter or orders hereunder shall be delivered to and/or served upon the persons either personally or by registered mail (return receipt requested), but if the whereabouts of the persons are unknown and cannot be ascertained in the exercise of reasonable diligence, the governing body, Zoning Administrator, and/or other designated representatives shall make an affidavit to that effect, then the serving of the complaint or order upon the persons may be made by publishing it once each week for two (2) consecutive weeks in a newspaper printed and published in the town/county.
   2. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order.
   3. A copy of the complaint or order shall be filed with the Town Zoning Administrator and the filings of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
9. Rights of persons affected by orders.
   1. Any person affected by an order issued by the governing body, Zoning Administrator or their designated representative(s), may within 60 days after the posting and service of the order, petition the circuit court for an injunction restraining the governing body, Zoning Administrator or their designated representative(s) from carrying out the provisions of the order, and the court may, upon the petition, issue a temporary injunction restraining the public officer pending the final disposition of the cause.
   2. Hearings shall be had by the court on the petitions within 20 days or as soon thereafter as possible and shall be give preference over other matters on the court's calendar as authorized by S.C. Code § 31-15-370, as amended.
   3. The court shall hear and determine the issues raised and shall enter the final order or decree as law and justice may require.
   4. In all proceedings, the findings of the public officer as to the facts, if supported by evidence, shall be conclusive.
   5. Costs shall be at the discretion of the court.
   6. The remedies herein provided shall be exclusive remedies, and no person affected, by an order of the public officer shall be entitled to recover any damages for action taken pursuant to any order of the governing body, Zoning Administrator and or other designated representative(s) or because of compliance by the person with any order of the public officer.
10. Powers and duties.
    1. The governing body, Zoning Administrator or their designated representative(s), may exercise powers and duties as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section.
    2. The following powers in addition to others herein granted:
       1. To investigate the dwelling or building or other structure conditions in the town in order to determine which dwellings or buildings or other structures therein are unfit for human habitation;
       2. To administer oaths and affirmations, examine witnesses and receive evidence;
       3. To enter upon premises for the purposes of making examinations, provided the entries be made in a manner as to cause the least possible inconvenience to the persons in possession;
       4. To appoint and fix the duties of the officers, agents and employees as he or she deems necessary to carry out the purposes of the section; and
       5. To delegate any of his or her functions and powers under this section to officers and agents as he or she may choose.
11. Proceeds of sale of materials. If a dwelling or building or other structure is removed or demolished by the governing body, Zoning Administrator or other designated representative(s), he or she shall sell the materials of the dwelling or building other structure and shall credit the proceeds of the sale against the cost of the removal or demolition, and any balance remaining shall be deposited with the court by the governing body, Zoning Administrator, and or their other designated representative(s) and shall be secured in a manner as may be directed by the court and shall be disbursed by the court to the persons found to be entitled thereto by a final order or decree of the court.

(1985 Code, § 9-112)

1. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   Childrens Recreational Facility. A facility owned and operated by a city, county, or special purpose district used for the purpose of recreational activity for children under the age of 18.

   Daycare Center. An arrangement where, at any one (1) time, there are three (3) or more preschool-age children, or nine (9) or more school-age children receiving child care.

   School. Does not include a home school or an institution of higher education.

   Within 1,000 Feet. A measurement made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property on which the sex offender resides to the nearest property line of the premises of a school, daycare center, children’s recreational facility, park, or public playground, whichever is closer.

2. It is unlawful for a sex offender who has been convicted of any of the following offenses to reside within 1,000 feet of a school, daycare center, children’s recreational facility, park, or public playground:
   1. Criminal sexual conduct with a minor, first degree;
   2. Criminal sexual conduct with a minor, second degree;
   3. Assault with intent to commit criminal sexual conduct with a minor; or
   4. Kidnapping a person under 18 years of age.
3. This section does not apply to a sex offender who:
   1. Resided within 1,000 feet of a school, daycare center, children’s recreational facility, park, or public playground before the effective date of this section;
   2. Resided within 1,000 feet of a school, daycare center, children’s recreational facility, park, or public playground on property the sex offender owned before the sex offender was charged with any of the offenses enumerated in division (B);
   3. Resides within 1,000 feet of a school, daycare center, children’s recreational facility, park, or public playground as a result of the establishment of a new school, daycare center, children’s recreational facility, park, or public playground;
   4. Resides in a jail, prison, detention facility, group home for persons under the age of 21 licensed by the Department of Social Services, residential treatment facility for persons under the age of 21 licensed by the Department of Health and Environmental Control, or other holding facility, including a mental health facility;
   5. Resides in a homeless shelter for no more than one (1) year, a group home for persons under the age of 21 licensed by the Department of Social Services, or a residential treatment facility for persons under the age of 21 licensed by the Department of Health and Environmental Control, and the site was purchased by the organization prior to the effective date of this section;
   6. Resides in a community residential care facility, as defined in S.C. Code § 44-7-130(6); or
   7. Resides in a nursing home, as defined in S.C. Code § 44-7-130(13).
4. If upon registration of a sex offender, or at any other time, a local law enforcement agency determines that a sex offender is in violation of this section, the local law enforcement agency must, within 30 days:
   1. Notify the sex offender of the violation;
   2. Provide the sex offender with a list of areas in which the sex offender is not permitted to reside; and
   3. Notify the sex offender that the sex offender has 30 days to vacate the residence.
5. If the sex offender fails to vacate the residence within 30 days of the local law enforcement agency satisfying the requirements of division (D), the sex offender shall be punished as provided in § 158.999.
6. (1) At the beginning of each school year, each school district must provide:
   1. The names and addresses of every sex offender who resides within 1,000 feet of a school bus stop within the school district to the parents or guardians of a student who boards or disembarks a school bus at a stop covered by this division; or
   2. The hyperlink to the sex offender registry web site on the school district’s web site for the purpose of gathering this information.
   1. Local law enforcement agencies must check the school districts’ web sites to determine if each school district has complied with this division. If a hyperlink does not appear on a school district web site, the local law enforcement agency must contact the school district to confirm that the school district has provided the parents or guardians with the names and addresses of every sex offender who resides within 1,000 feet of a school bus stop within the school district. If the local law enforcement agency determines that this information has not been provided, the local law enforcement agency must inform the school district that it is in violation of this division. If the school district does not comply within 30 days after notice of its violation, the school district is subject to equitable injunctive relief and, if the plaintiff prevails, the district shall pay the plaintiff’s attorney’s fees and costs.

(Ord. passed 8-18-2008; Am. Ord. passed 8-18-2009)

Penalty, see § 158.999