Walhalla City Zoning Code
ARTICLE VII
General Provisions
§ 330-1.39 Continuance of nonconforming uses.
Nonconforming uses are declared to be incompatible with the uses in the districts in which they are located. It is the purpose of this Part 1 to provide for the lawful continuation and to permit the improvement to property value through the repair or replacement of all nonconforming uses in the City of Walhalla. A nonconforming use may be modified without expanding the nonconformity of the use or structure.
A.
Rules applying to all nonconforming uses.
(1)
If a use which is a nonconforming use is discontinued for a period of 365 days, the nonconforming uses exception shall expire, and the nonconforming use may not thereafter be resumed.
(2)
The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(3)
Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with the public safety, upon order of such official.
(4)
Nothing in this section shall prevent the owner from maintaining a nonconforming building or structure in good repair.
B.
Replacement of or modification to nonconforming buildings, structures and uses permitted. In order to improve property value, an owner of a nonconforming building or structure may replace, modify, alter or add to the nonconforming building, structure or use only if the replacement, modification, addition or alteration meets all specific performance standards of the district in which is located and that use described within this Part 1.
§ 330-1.40 Nonconforming lots of record.
Where the owner of a lot of record at the time of the adoption of this Part 1 does not own sufficient land to enable him to conform to the dimensional requirements of this Part 1, such lot may nonetheless be used as a building site, provided that said lot requirements are not reduced below the minimum specified in this Part 1 by more than 20%. Use of any lot requiring dimensional waivers below the 20% minimum set forth in this section shall be approved by the Board of Zoning Appeals, provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.
§ 330-1.41 Visibility at intersections.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No fence, wall, shrubbery or other obstruction to vehicular traffic and to safe visibility at the intersection of streets shall be permitted. Site clearance standards set by the South Carolina Department of Transportation shall apply to City streets.
§ 330-1.42 Lots of record.
There shall be only one single-family dwelling per lot of record, except as permitted in mobile home parks and multifamily residential districts.
§ 330-1.43 Home occupations.
A home occupation shall be permitted in any residential district, provided that such occupation:
A.
Is conducted only by a person residing in the same dwelling unit; and
B.
Is conducted within the main building; and
C.
Utilizes not more than 25% of the total floor area of the principal building; and
D.
Produces no alteration or change in the character or exterior appearance of the main building from that of a dwelling; and
E.
Has no display of products visible from the street; and
F.
Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition; and
G.
Is not visibly evident from the outside of a dwelling, except for a permitted sign mounted against a wall of the principal building; and
§ 330-1.44 Zoning permits for new or altered uses.
A.
Zoning permit required.
[Amended 8-16-2022 by Ord. No. 2022-5]
(1)
No structure shall be constructed, erected, moved, assembled, set up or added to without building and zoning permits which comply with this Part 1. These permits shall not be issued by the Zoning Administrator except in conformity with the provisions of this Part 1, unless he receives a written order from the Board of Zoning Appeals in the form of an interpretation involving error, variance or special exception. If the permit is denied, reasons shall be stated for the denial.
(2)
All zoning permits have a time limitation of one year; if a project has failed to be completed or a business has failed to open the zoning permit will expire. After expiration, an applicant must reapply for approval.
(3)
Zoning permits that are attached to a building permit may continue to operate on a permit that is past one year if building codes has extended their building permit without said building permit lapsing.
(4)
Extensions may be granted on a case-by-case basis. Extensions must be requested in writing 30 days prior to expiration.
(5)
All permits approved one year or more after the adoption of Ord. No. 2022-5 have 30 days after the aforementioned amendment's adoption to file an extension; if no extension is approved or requested those permits will be considered expired.
B.
Application for building permit. An application for a building permit shall be in writing and shall be accompanied by two sets of duplicate plans drawn to scale.
(1)
Application requirements. The application shall set forth:
(a)
The existing or proposed uses of any structures and of the lot;
(b)
If the use is to be for residential purposes, the number of families to be accommodated, and the number of dwelling units involved;
(c)
A statement of the physical features of the lot that will be modified;
(d)
A statement of any unusual effects to adjoining lots;
(e)
Whether occupancy or use will commence before construction is complete; and
(2)
Site plan requirements.
(a)
The plans shall show:
[1]
The actual dimensions and shape of the lot involved;
[2]
The exact sizes and locations on the lot of existing buildings and the sizes and locations of any proposed structure or alteration; and
[3]
The exact sizes and locations of any changes that are proposed to be made in the physical features of the lot.
(b)
Information required in the application may be set forth in marginal notes on the plans, if convenient;
(c)
In addition to all other requirements, a site development plan shall be prepared by a certified engineer or architect, and shall be submitted to the Zoning Administrator for the following uses:
[1]
All proposed commercial, multifamily residential, duplex residential, institutional, planned unit development, industrial developments and churches.
[2]
All publicly owned facilities.
[3]
Any proposed conversion from an existing residential use to a commercial, industrial or higher density residential use.
[4]
When a change is proposed in a previously approved site development plan for any of the above-referenced uses or developments.
[5]
Placement of a manufactured home on a lot.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[6]
Application for a special exception that involves the construction or addition of building area, land area or parking area.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[7]
Communication towers.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Zoning permit provisions.
(1)
The Zoning Administrator shall note on each copy of the plan whether the same is approved or disapproved, and shall sign each. One copy shall be returned to the applicant and one copy shall be filed by the Zoning Administrator.
(2)
The permit shall incorporate by reference the application and the approved plan.
(3)
The permit may allow occupancy during repairs or alterations, or partial occupancy of a building or other use pending completion, on such terms and conditions and for such period of time as may be specified by the Zoning Administrator in the permit.
(4)
Constructions, other alteration and subsequent use of the lot shall be in conformity with the permit.
D.
Expiration of building permit.
(1)
A building permit shall expire and shall be canceled by the Zoning Administrator if:
(2)
Written notice of the expiration and cancellation of a zoning permit shall be given to the persons affected. The notice shall state that further work or further use as described in the canceled permit shall not take place unless a special zoning permit is applied for and granted.
F.
Record of all permits. The Zoning Administrator shall maintain a record of all building permits.
§ 330-1.45 Temporary zoning permits.
The Building Official is authorized to issue temporary zoning permits.
A.
The uses for which temporary zoning permits are necessary are:
(1)
Carnival or circus for a period not to exceed 21 days, subject to the approval of City Council.
(2)
Religious meeting in a tent or other temporary structure in HC and LI Zoning Districts, for a period not to exceed 60 days.
(3)
Open lot sale of Christmas trees, in the OC, CC, HC and LI Zoning Districts, for a period not to extend 45 days.
(4)
Real estate sales office, in any district, for a period not to exceed one year, provided no cooking or sleeping accommodations are maintained in the structure or building.
(5)
Contractor's office and equipment sheds, in any district, for a period of one year, provided that such buildings are placed on the property serviced by such office or on which the stored equipment is being used.
(6)
Those other uses which the Zoning Administrator finds compatible with the main use and adjoining uses.
B.
Unless otherwise indicated, a temporary zoning permit may not exceed 60 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
All temporary zoning permits may be renewed one time by the Zoning Administrator, provided that it is determined that said use is clearly of a temporary nature, will cause no traffic congestion and will not create a nuisance to surrounding uses. Temporary zoning permits for additional periods of renewal may be issued upon review and consideration of the Planning Commission.
D.
The Zoning Administrator shall maintain a record of all temporary use zoning permits.
§ 330-1.46 Accessory structures and uses.
An accessory use must meet the setback requirements and development conditions of the district in which is it located unless specifically provided herein.
A.
Accessory structures, swimming pools, tennis courts and other structures. In all residential districts:
B.
Required off-street parking. In the MFR, OC, HC, CC and LI Zoning Districts, other than required handicapped parking, off-street parking shall not be located in the required front yard setback and shall meet the provisions of Article VI.
C.
Covered porches, enclosed or open, shall be considered a part of the main dwelling unit for purposes of meeting minimum setback requirements.
E.
Kennels, private, for dogs and cats are permitted accessory uses, provided that no more than three dogs or three cats may be older than four months of age.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 330-1.47 Special exception uses.
For the purpose of this Part 1, permitted and conditional uses are listed by the various districts. Unless it is clear from the context of the lists or other regulations of this Part 1, uses not specifically permitted are prohibited. Due to the unique nature of certain land uses, permits for them as special exception uses may be issued subject to the terms and conditions for such use as set forth in this Part 1.
A.
District locations for special exception uses.
(1)
Any district. Certain uses need to be located in areas of the City regardless of prevailing district regulations, provided that the same may be permitted in accordance with requirements for conditional uses in each specific zoning district, the following list of uses may be established in any zoning district in the City of Walhalla, provided such uses meet all dimensional requirements of the district, except height, within which they will be located.
(a)
Police station, fire station, post office and other public or government structure.
(b)
Public recreation facility.
(c)
Public and private schools, including kindergartens, engaged in teaching general curriculum for educational advancement, provided that the structures are placed not less than 50 feet from any residential property line, and the lot is not less than four acres in size.
(d)
Child care, nursery, and day-care facilities.
(f)
Public utility substation or subinstallation, including water towers, provided that:
[1]
Such use is enclosed by a painted or chain-link fence or wall and a suitable screen at least six feet in height above finished grade;
[2]
There is neither office nor commercial operation nor storage of vehicles or equipment on the premises; and
[3]
A landscaped strip not less than five feet in width is planted and suitably maintained around the facility.
(g)
Cemetery, provided that the tract of land is fenced with a permanent fence and screened along any abutting property zoned for or used as residential use.
(h)
Temporary mobile office (not a mobile home) used at a construction site.
B.
Procedures for consideration of special exception applications. Prior to the granting of a zoning permit for any special exception uses:
(1)
A written application for a special exception, and processing fee in accordance with a fee schedule established by City Council, shall be submitted to the Zoning Administrator indicating the section of this Part 1 under which the special exception is sought and stating the grounds on which it is requested.
(2)
Each application for a special exception that involves the construction or addition of building area, land area or parking area shall be accompanied by a site plan as set forth in § 330-1.44B(2).
(3)
Upon receipt of an application, the Zoning Administrator shall examine it for completeness, and shall, within 10 days, either return the application for additional information or schedule it for review and action by the Board.
(4)
Notice of a public hearing shall be published at the expense of the applicant at least 15 days prior to the public hearing in a newspaper of general circulation in the City of Walhalla, and all procedures established by the bylaws of the Walhalla Board of Zoning Appeals pertaining to public hearings shall be followed.
(5)
A notice of the public hearing shall be conspicuously posted on or adjacent to the subject property at least 15 days prior to the public hearing. At least one posted notice must be visible from each street that abuts the property.
(6)
The public hearing shall be held. Any party may appear in person or by agent or attorney.
(7)
The Board of Zoning Appeals shall make a finding as empowered herein to grant or not grant as governed by the criteria of § 330-1.60E.
(8)
The regulations of this Part 1 setting forth specific standards to be met prior to the establishment of any special exception shall be binding upon the Board of Zoning Appeals.
(9)
The Board of Zoning Appeals may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. If no time is prescribed, then the Planning Act of 1994 (S.C. Code Ann. § 6-29-310 et seq.) will take effect.
(10)
An appeal of the decision of the Board of Zoning Appeals by any person who may have a substantial interest in any decision of the Board of Zoning Appeals or an officer or agent of the appropriate governing authority may be taken to the Circuit Court in and for the county by filing with the Clerk of the Court a petition in writing setting forth plainly, fully and distinctly why the decision is contrary to law. The appeal must be filed within 30 days after the decision of the Board is mailed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Criteria for special exceptions. In addition to definitive standards in this Part 1, the Board of Zoning Appeals shall consider the following:
(1)
Traffic impact; and
(2)
Vehicle and pedestrian safety; and
(3)
Potential impact of noise, lights, fumes or obstruction of air flow on adjoining property; and
(4)
Adverse impact of the proposed use on the aesthetic character of the environs, to include possible need for screening from view; and
(5)
Orientation and spacing of improvements or buildings; and
(6)
Compatibility with other land uses; and
(8)
Best interest of the public and community at large.
D.
Effect of failure to meet conditions.
(2)
Failure to begin or failure to complete an action for which a special exception permit has been issued within the time limit specified, when such time limit is made a part of the terms under which the special exception is granted, shall require a permit holder to apply for an extension within 10 days of the expiration date.
§ 330-1.48 Communication towers.
A.
Purpose and intent. The purpose of this section is to protect the health, safety, welfare and property values of the citizens of Walhalla from potential adverse effects caused by the proliferation of telecommunication towers. The intent is to minimize hazards from tower failure and falling ice, as well as hazards to low-flying aircraft, and personal injury to unauthorized persons scaling these towers. By maximizing the use of existing telecommunication towers and other suitable structures, the natural beauty of the City of Walhalla can be preserved.
B.
Location. Communication towers may be located in the following zoned areas in the City of Walhalla:
(1)
Communication towers are permitted as a use permitted by special exception by the Board of Zoning Appeals in the HC, LI and OC Zoning Districts, and are subject to the applicable setback requirements of the district in which they are located.
(2)
Communication towers are not permitted in the CC, MFR, GR, R-10, R-15 and R-25 Zoning Districts unless they comply with the ancillary use requirements as defined in Subsection B(3) below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Communication towers are permitted as an ancillary or secondary use permitted by special exception by the Board of Appeals on residentially or nonresidentially zoned sites where another use (other than single-family or duplex use) is already established as the principal use of the property, such as a school, church, multifamily residential complex, shopping center, office building, public utility site or other similar use, provided the principal use complies with applicable zoning and subdivision regulations. On sites zoned OC, HC or LI adjacent to a residential district, or sites located within a residential district, the minimum setback of the zoning district in which it is located is increased by one foot for each one foot of tower height in excess of 40 feet from all residential property lines. The maximum required setback is 200 feet.
(4)
In the PUD Zoning Districts, communication towers are permitted as a use permitted by special exception by the Board of Zoning Appeals and are subject to the requirements of the PUD in which they are located.
(5)
A proposed freestanding tower shall not be constructed within 200 feet of the right-of-way of any designated scenic highway, nor within 200 feet of a property listed on the National Register of Historic Places, except upon approval by the Board of Zoning Appeals as a use permitted by special exception.
C.
Application procedure.
(1)
All applications for construction of communication towers or placement of a telecommunications antenna in the City of Walhalla shall be made to the office of the Zoning Administrator of the City of Walhalla as per the procedures stated in Subsection B.
(2)
In addition, each application for a use permitted by special exception by the Board of Zoning Appeals for a communication tower shall include the following information in addition to the general information required by this Part 1: a site plan, which shall include the following information:
(3)
Prior to approving a site plan, the Board of Zoning Appeals must make the following findings:
(a)
The proposed structure will not endanger the health and safety of residents, employees or travelers, including, but not limited to, the likelihood of the failure of such structure;
(b)
The proposed structure will not impair the use of or prove detrimental to neighboring properties;
(c)
The proposed structure is necessary to provide a service that is beneficial to the surrounding community;
(d)
The permitted use meets the setback requirements of the underlying zoning district in which it is located;
(e)
The proposed tower is located in an area where it does not substantially detract from aesthetics and neighborhood character;
(f)
The proposed use is consistent with potential land uses recommended in the Comprehensive Plan for the City of Walhalla; and
(g)
Within residentially zoned areas, communication towers shall not be located within 1,000 feet of another communication tower unless such towers are located on the same property.
D.
Height. Freestanding communication towers shall have a maximum height of 200 feet. Additional height, up to 300 feet, may be approved as a use permitted by special exception by the Board of Appeals. For communication towers on buildings, the maximum height shall be 20 feet above the roofline of buildings 40 feet or less in height, and 40 feet above the roofline of buildings greater than 40 feet in height.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Landscaping. Landscaping shall be required as follows:
(1)
Around the base of the communication tower, outside of the security fence, at least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height shall be provided, with individual plantings spaced not more than five feet apart. In addition, at least one row of evergreen trees with a minimum caliper of 1 3/4 inches at the time of planting and spaced not more than 25 feet apart shall be provided within 50 feet of the perimeter security fence.
(2)
The landscaping requirements may be waived in whole or in part by the Zoning Administrator if it is determined that existing natural vegetation provides adequate screening or if the Zoning Administrator determines that the landscaping requirements are not feasible due to physical constraints or characteristics of the site on which the communication tower is to be located. Where the physical constraints or characteristics of the site are such that the landscaping cannot be located as prescribed above, the Zoning Administrator may require that plant material be placed in another, feasible location on site, which would serve to meet the intent of the landscaping requirements.
(3)
All required landscaping shall be installed according to established planting procedures using good-quality plant materials.
(4)
A certificate of occupancy shall not be issued until the required landscaping is completed in accordance with the approved landscape plan and verified by an on-site inspection by the Zoning Administrator or the Zoning Administrator's designee, unless such landscaping has been waived in accordance with Subsection E(2), above. A temporary certificate of occupancy may, however, be issued prior to completion of the required landscaping if the owner or developer provides to the City a form of surety satisfactory to the City Attorney and in an amount equal to the remaining plant materials, related materials and installation costs as agreed upon by the Zoning Administrator or the Zoning Administrator's designee and the owner or developer.
(5)
All required landscaping must be installed and approved by the first planting season following issuance of the temporary certificate of occupancy or the surety bond will be forfeited to the City.
(6)
The owners and their agents shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing condition, replacing unhealthy or dead plant materials within one year or by the next planting season, whichever first occurs. Replacement materials shall conform to the original intent of the landscape plan.
(7)
Eight-foot-high fencing shall be provided around the communication tower and any associated building.
F.
Illumination. Communication towers shall only be illuminated as required by the Federal Communications Commission and/or Federal Aviation Administration.
G.
Signage. A single sign for the purposes of emergency identification shall be permitted. The permitted sign shall not exceed two square feet in area and shall be attached to the fence surrounding the tower. Under no circumstances shall any signs for purposes of commercial advertisement be permitted.
H.
Access to site. Each parcel on which a communication tower is located must have access to a public road 20 feet in width.
I.
General requirements. Communication towers, in addition to the requirements set forth above, must also comply with the following requirements:
(1)
A statement shall be submitted from a registered engineer that the NIER (nonionizing electromagnetic radiation) emitted therefrom does not result in a ground-level exposure at any point outside such facility which exceeds the lowest applicable exposure standards by any regulatory agency of the United States Government or the American National Standards Institute. For roof-mounted communication towers, the statement regarding the NIER shall address spaces which are capable of being occupied within the structure on which the communication tower is mounted.
(2)
Communication towers and their foundations shall meet the requirements of the International Building Code for wind and seismic loads. Drawings and calculations shall be prepared and sealed by a South Carolina registered professional engineer and shall be submitted with the building permit application.
(3)
All communication towers and supporting facilities shall be subject to periodic reinspection(s) by the Building Codes Department. If any additions, changes or modifications are proposed to the site or its components, proper plans, specifications and calculations shall be submitted for permit approval to the Building Codes Department. Prototypical drawings indicating various types of antenna(s) to be located on the communication tower may be submitted at the time of the appropriate permit application. Additional antennas may be added to the communication tower without additional permits or inspections so long as electrical wiring is not required.
(4)
Unless otherwise required by the FCC or the FAA, communication towers shall be light grey in color.
(5)
Satisfactory evidence shall be submitted, with the building permit application for a freestanding communication tower, that alternative towers, buildings or other structures do not exist within the applicant's tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant's necessary height criteria, or provide a location free of interference from AM towers.
(6)
A communication tower must be removed within 120 days of the date such tower ceases to be used for communication purposes.
§ 330-1.49 Performance standards.
All land uses in the City of Walhalla shall comply with the standards set forth in this section regulating the emission or existence of dangerous, detrimental and objectionable elements.
A.
Fire and explosion hazards. All activities using and all storage of flammable and explosive material shall be accompanied by adequate safety devices against the hazards of fire and explosion, including adequate firefighting and fire suppression equipment.
B.
Radioactive emissions. There shall be no radiation emitted exceeding Nuclear Regulatory Commission guidelines.
C.
Smoke, dust, dirt and odor. There shall be no emission of disturbing or offensive smoke, dust, dirt, fly ash or particulate matter from any pipes, vents or other openings, or from any other source, into the air exceeding the SCDHEC air quality regulations. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at the property line. Any process which may involve the creation or emission of any such odor shall be provided with both a primary and a secondary safeguard system so that control may be maintained in the event of failure of the primary safeguard system.
D.
Fumes, vapors and gases. There shall be no emission of any fumes, vapors or gases of a noxious, toxic or corrosive nature which can cause any damage or irritation to humans, animals, vegetation or to any form of property.
E.
Vibration and noise. There shall be no perceptible earth vibrations measured at the property line exceeding the SC Fire Marshal Regulations. The permitted level of noise or sound emission at the property line of the lot on which the main use is located shall not exceed the values given in the following table in any octave band of frequency. The sound pressure level shall be measured with a sound level meter or an octave band analyzer that conforms to specifications published by the American National Standards Institute.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Maximum Sound Pressure Level in Decibels | ||
|---|---|---|
(1 Decibel = 0.0002 Dyne per Square Centimeter) | ||
Zoning District | ||
Cycles per Second | Industrial | All Others |
0 to 75 | 79 | 70 |
75 to 150 | 74 | 65 |
150 to 300 | 66 | 57 |
300 to 600 | 59 | 50 |
600 to 1,200 | 53 | 44 |
1,200 to 2,400 | 47 | 38 |
2,400 to 4,800 | 41 | 32 |
4,800 and over | 39 | 30 |
§ 330-1.50 Structures to have access.
Every structure or single mobile home hereafter constructed, assembled, erected, set up or moved shall be on a lot or parcel with direct access to a public street, except as provided in § 330-1.17D, or with access to a private street within an approved planned unit development only, and all structures shall be so located as to provide safe and convenient access for servicing, fire protection and required off-street parking.
A.
South Carolina Department of Transportation standards regarding public safety and specific traffic conditions shall be incorporated in the determination of the number and location of accesses to a site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
For a single site, a maximum of two driveway approaches may be permitted if the minimum distance between the two proposed driveways equals or exceeds 30 feet.
C.
The minimum width of a driveway approach shall be 10 feet at the right-of-way line. The maximum width of a driveway approach shall be 24 feet at the right-of-way line.
D.
Where provision of off-street truck loading is necessary, the minimum driveway width shall be 14 feet and the maximum width shall be 42 feet at the right-of-way line.
§ 330-1.51 Exceptions to height limitations.
The height limitations of this Part 1 shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water stacks, conveyors, flagpoles and approved antennas.
§ 330-1.52 Front yard setback for dwelling units.
The front yard setback requirements of this Part 1 for dwelling units shall not apply on any lot where the average setback of existing buildings, located wholly or in part within 100 feet on each side of such lot, within the same block and zoning district, and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback, but not less than the average of the setbacks of the aforementioned existing buildings.
§ 330-1.53 Swimming pools.
A swimming pool may be constructed when:
A.
It is not located in any front yard setback area; and
B.
A wall or fence, not less than five feet in height, with self-latching gates at all entrances which completely encloses either the pool area or surrounding yard area is provided; and
C.
It meets the requirements of the International Swimming Pool and Spa Code adopted by and in effect in the City; and
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
A building permit is obtained from the City of Walhalla.
§ 330-1.54 Canopies in Core Commercial Zoning District.
In Core Commercial Zoning Districts, where there is no front yard requirement, canopies may be erected over the adjoining sidewalk, provided they do not extend beyond the curbline and have a free clearance underneath of not less than eight feet.
§ 330-1.55 Care of premises.
It shall be unlawful for the owner or occupant of a building, structure or property to use the premises for open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish, junk or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises clear, and to remove from the premises all items such as those listed above, and also to keep the premises clear of weeds, dead trees, limbs, trash, garbage and maintain it in a neat and orderly condition.
§ 330-1.56 Sexually oriented businesses.
A. ADULT ARCADE ADULT BOOKSTORE, ADULT NOVELTY SHOP OR ADULT VIDEO STORE(1) (a) (b) (2) ADULT CABARET(1) (2) (3) ADULT MOTEL(1) (2) (3) ADULT MOTION-PICTURE THEATER ADULT THEATER EMPLOYEE ESCORT ESCORT AGENCY ESTABLISHMENT(1) (2) (3) (4) NEARLY NUDE NUDE MODEL STUDIO NUDE, NUDITY or STATE OF NUDITY OPERATOR PERMITTED OR LICENSED PREMISES PERMITTEE AND/OR LICENSEE PERSON PUBLIC BUILDING PUBLIC PARK OR RECREATION AREA RELIGIOUS INSTITUTION RESIDENTIAL DISTRICT RESIDENTIAL USE SCHOOL SEXUAL ENCOUNTER CENTER(1) (2) SEXUALLY ORIENTED BUSINESS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES(1) (2) (3) (4) (5) SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS(1) (2) (3) YOUTH ACTIVITY CENTER
Definitions. As used in this section, the following terms shall have the meanings indicated:
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 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others;
An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store as long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
A nightclub, bar, restaurant, "bottle club" or similar commercial establishment, without regard to whether or not alcoholic beverages, beer or wine are served or consumed therein, which regularly features:
Persons who appear nude or nearly nude;
Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A motel, hotel or similar commercial establishment which:
Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
Offers a sleeping room for rent for a period of time less than 10 hours; or
Allows a tenant or occupant to subrent the sleeping room for a period of time less than 10 hours.
A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
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 strip tease for another person.
A person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any such business as a new business;
The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this section;
The addition of any sexually oriented business to any other existing sexually oriented business; or
The relocation of any such sexually oriented business.
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 belts, straps, strips of cloth or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that the effect achieved by such appearance is approximately the same as viewing nudity.
Any place where a person who appears nude or nearly nude or displays specified anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by others who pay money or any form of consideration.
The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
Any premises that requires a license and/or permit and that is classified as a sexually oriented business.
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.
An individual, proprietorship, partnership, corporation, association or other legal entity.
Any building owned, leased or held by the United States, the state, the county, the City, any special purpose district, school district or any other agency or political subdivision of the state or United States, which building is used for governmental or other public purposes.
Any public premises which have been designated for park or recreational activities within the City which are under control, operation or management of the City park and recreation authorities, or the equivalent state, county or recreation district authorities.
Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
A geographical area recognized under the City's Zoning Ordinance as Residential 25, Residential 15, Residential 10, General Residential or Multifamily Residential. It does not include the Office Commercial, Highway Commercial, Core Commercial or Light Industrial Districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The lawful utilization of any structure as a dwelling unit for single-family or multifamily occupation.
Any public or private educational facility including but not limited to child day-care center or facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, high schools or vocational schools. "School" includes the school grounds.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
Other activities between persons of the opposite sex or persons of the same sex, or both, when one or more of the persons are likely to be touching, fondling or caressing other persons on the genitals, pubic area, buttocks or female breast in a manner that would simulate sexual arousal.
An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, sexual encounter center, nude model studio, escort or escort agency.
Includes any of the following:
Includes any of the following:
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breast, regardless of whether such areas of the body are covered or not;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Human genitals in a state of sexual stimulation, arousal or tumescence;
The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the effective date of this Part 1.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
A boys' club, girls' club or any other facility which is not a school but provides entertainment, recreation, crafts, tutorials or other quality of life enhancements for minors, whether a nonprofit facility or otherwise.
B.
Classification. Sexually oriented businesses are classified as follows:
C.
Permit and/or license required.
(1)
A person commits a misdemeanor if he operates a sexually oriented business without a valid permit and/or license, issued by the City for the particular type of business.
(2)
The applicant must be qualified according to the provisions of this Part 1 and the premises must be inspected and found to be in compliance with the law by the Fire Department, Building Official and Chief of Police.
(3)
If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a permit and/or license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit and/or license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having the 10% or greater interest in the corporation must sign the application for a permit and/or license as applicant.
(4)
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 and/or license.
D.
Issuance of permit and/or license.
(1)
The City Zoning Administrator shall approve the issuance of a permit and/or license to an applicant within 30 days after receipt of an application unless he or she finds one or more of the following to be true:
(a)
The applicant is under 18 years of age.
(b)
An applicant or an applicant's spouse is overdue in payment to the City of taxes, fees, fines or penalties assessed or imposed in relation to a sexually oriented business.
(c)
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 applicant form.
(d)
An applicant is residing with a person who has been denied a permit and/or license to operate a sexually oriented business within the preceding 12 months, or residing with a person whose permit and/or license to operate a sexually oriented business has been revoked within the preceding 12 months.
(e)
The premises to be used for the sexually oriented business have not been approved by the Fire Department, Police Department, Building Official or Zoning Administrator as being in compliance with applicable laws and ordinances.
(f)
The establishment's City business license fee has not been paid.
(g)
An applicant of the proposed establishment is in violation of or is not in compliance with any provisions of this Part 1. The permit and/or license, 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.
(2)
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.
E.
Inspection.
(1)
An applicant or permittee and/or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Codes Administration 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.
(2)
A person who operates a sexually oriented business or his or her agent or employee commits a misdemeanor if he or she refuses to permit lawful inspection of the premises at any time it is occupied or open for business.
F.
Expiration of permit.
(1)
Each permit and/or license shall expire one year from the date of issuance and may be renewed only by making application as provided in Subsections C and D. Application for renewal should 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 and/or license will not be affected.
(2)
When the Zoning Administrator denies renewal of a permit and/or license, the applicant shall not be issued a permit and/or license for one year from the date of denial. If, subsequent to denial, the Zoning Administrator finds that the basis for denial of the renewal permit and/or license has been corrected or abated, the applicant may be granted a permit and/or license if at least 90 days have elapsed since the date denial became final.
G.
Suspension of permit. The Zoning Administrator shall suspend a permit and/or license for a period not to exceed 30 days if he or she determines that a permittee and/or licensee or an employee of a permittee and/or licensee has:
(2)
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; or
(3)
Refused to allow an inspection of the sexually oriented business premises as authorized by this Part 1; or
(4)
Knowingly permitted gambling or any other unlawful activity by any person on the sexually oriented business premises.
H.
Revocation of permit.
(1)
The Zoning Administrator shall revoke a permit and/or license if a cause for suspension as listed in Subsection G occurs and the permit has been suspended within the preceding 12 months.
(2)
The Zoning Administrator shall revoke a permit if he or she determines that:
(a)
A permittee and/or licensee knowingly gave false or misleading information in the application submitted to the Zoning Department; or
(b)
A permittee and/or licensee or an employee has knowingly allowed possession, sale or use of controlled substances on the premises; or
(c)
A permittee and/or licensee has knowingly allowed prostitution on the premises; or
(d)
A permittee and/or licensee or an employee knowingly operated the sexually oriented business during a period of time when the permit was suspended; or
(e)
A permittee and/or licensee or an employee had knowingly allowed any act or sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted premises; or
(f)
A permittee and/or licensee 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 year, and the permittee shall not be issued a sexually oriented permit for one year from the date revocation became effective.
I.
Transfer of permit. A permittee and/or licensee shall not transfer his or her permit and/or license to another, nor shall a permittee and/or licensee operate a sexually oriented business under the authority of a permit and/or license at any place other than the address designated in the application.
J.
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 Light Industrial (LI) Zoning District. All sexually oriented businesses shall be located within an LI District.
(2)
A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business within 400 feet of the property line of a religious institution, a school, a lot devoted to residential use, a public park or recreation area or youth activity center. The distance shall be measured in a straight line without regard to intervening structures or objects.
(3)
Sexually oriented businesses shall not display a sign or signs visible from public streets or sidewalks or outside the premises which are pictorial, illustrative of or depicting sexually oriented entertainment, services or merchandise offered on the premises.
K.
Severability. Should any section or provision of this section be declared by the courts to be invalid, the same shall not affect the validity of the section as a whole, or any part thereof, other than the part so declared invalid.