(A)

Except when definitions are specifically included in the text, words in the text or tables of this chapter shall be interpreted in accordance with the definitions set forth in this section. When words are not defined, standard dictionary definitions shall prevail. In every case, the Zoning Administrator or Building Official shall have the authority to define any word or interpret any definition in order to fulfill the intent and purpose of this chapter.

(1)

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

(2)

The term BOARD OF ADJUSTMENTS AND APPEALS or BOARD OF ADJUSTMENTS or BOARD OF APPEALS refers to the Board of Zoning Appeals of the City of Westminster.

(3)

The term CITY APPEARANCE COMMITTEE refers to that committee so designated by City Council to review any design, landmark, or historical criteria regulations as set forth by City Council.

(4)

The term COUNCIL, CITY COUNCIL, or MAYOR and COUNCIL refer to the legally constituted and elected governing body of the City of Westminster.

(5)

The word LOT includes the word PLOT or PARCEL.

(6)

The word MAP or ZONING MAP shall mean the Official Zoning Map of the City of Westminster, South Carolina.

(7)

The word MAY is permissive.

(8)

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

(9)

The term PLANNING COMMISSION refers to the Westminster Planning Commission.

(10)

The word SHALL is always mandatory.

(11)

The word STRUCTURE includes the word BUILDING.

(12)

The word USED or OCCUPIED as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy.

(13)

The term ZONING ADMINISTRATOR refers to that person or persons so designated by the City Council to administer this chapter.

(B)

Where circumstances may not clearly conform to the standards or definitions herein, then the Board of Appeals shall interpret such standards or definitions.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

For the purpose of this chapter, certain words or terms used herein are defined as follows:

ABANDONED VEHICLE. Any vehicle found or left on a public street, parking lot, or wrecker lot for which the owner cannot be identified and/or located within a period of seven days.

ACCESSORY. A use or building subordinate to the principal building on a lot and used for purposes customarily incidental to the main or principal use or building and located on the same lot therewith.

ACCESSORY DWELLING UNIT. An accessory dwelling unit (ADU) is a smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home.

ALL WEATHER SURFACE. This surface shall meet one of the following criteria:

(1)

Shall consist of at least a four-inch layer of coarse aggregate, such as crushed stone, slag or gravel, or thoroughly compacted sub layer of clay or other firm subsoil, or

(2)

Shall be at least a four-inch layer of coarse concrete over an intermediate layer of coarse aggregate at least two inches thick when compacted, and both layers over a thoroughly compacted sub layer as above, or

(3)

Shall be at least a three-layer of Bituminous asphalt over an intermediate layer and sub layer as above.

ALLEY. A secondary way, which affords access to the side or rear of abutting property.

ALTERATION OF BUILDING. Any change in the supporting members of a building (such as bearing walls, columns, or girders), any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.

AUTOMOBILE SERVICE STATION. Building and premises on any parcel or lot where gasoline, oils, grease, batteries, tires and limited automobile accessories may be supplied, dispensed, or installed. No part of the premises may be used for storage or dismantled parts of major automotive repairs.

BOARDING HOUSE. A house at which board and lodging may be obtained for payment on a monthly basis.

BUILDABLE AREA. That portion of any lot which may be used or built upon in accordance with regulations governing the given zoning district within which the particular lot is located once the various front, side, and rear yard requirements required for the District have been subtracted from the total lot area. For instructions related to the determination of BUILDABLE AREA, see § 151.120.

BUILDING. A structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced by an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, land used or intended for the shelter, support or enclosure of persons, animals or property of any kind.

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

BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which said building is situated.

CAMPER/RV (Recreational Vehicle). A highway vehicular, portable structure designed as a temporary dwelling for travel, recreational, and vacation uses. The term includes camping trailer, motor home, travel trailer, and truck campers, tent, trailer, or other self-contained vehicle or structure designed for recreational or moving purposes, of metal or other materials, mounted or designed for mounting on one or more wheels and/or jacks or similar supports, and either self-propelled or rigged for towing or transporting, provided such structure or vehicle is less than 30 feet in length and is not used for residential purposes in the city (in other than an established campground). The term does not include manufactured housing units.

CAR WASH, AUTOMOBILE LAUNDRY. Buildings and premises on any lot where the cleaning of an automobile is operated automatically, manually, or by coin. No part of the premises shall be used for the storage of dismantled or wrecked vehicle parts nor shall any automobile repairs of accessory sales take place.

CARE HOME. A rest home, nursing home, convalescent home, home for the aged, or similar use established and operated on a profit or nonprofit basis to provide lodging and/or meals and/or domiciliary care for aged, infirm, chronically ill or convalescent persons.

CLINIC. An establishment where medical or dental patients, who are not lodged overnight, are admitted for examination or treatment.

CONDOMINIUM, CONDO. See DWELLING, CONDOMINIUM.

DAY CARE CENTER, AGED ADULTS. Any home center, which regularly provides day care for aged adults unattended by a legal guardian in a residential setting. These centers shall meet all county and state requirements.

DENSITY, GROSS. The number of dwelling units per acre of the total acreage developed or used.

DENSITY, NET. The number of dwelling units per acre of land developed or used for residential purposes exclusive of land utilized for streets, alleys, parks, playgrounds, or other public uses. Unless otherwise stated, density requirements in this chapter are expressed in units per net acre.

DERELICT VEHICLE. Any vehicle that is inoperative (unable to be driven under its own power), is unlicensed and fails to display a current license tag.

DISTRICT. The term applied to various geographical areas of the city the purpose of interpreting the provisions of this chapter. The Districts are designated with the use of symbols on the Official Zoning Map. Regulations controlling land use in the various districts within the city are set forth in §§ 151.050et seq. The terms DISTRICT and ZONING DISTRICT are synonymous and are used interchangeably throughout this chapter.

DRIVE-IN. A retail or service enterprise oriented to automobile driving patrons wherein service is provided to the consumer on the outside and/or inside of the principal building. The term DRIVE-IN includes drive-in restaurants, and dairy bars, theaters, banks, laundries, food stores, car washes, or other similar retail service activities.

DWELLING. A building or portion of a building arranged or designed to provide living and/or sleeping quarters for one or more families. The term DWELLING and RESIDENCE shall be interchangeable.

DWELLING CLUSTER. The grouping of dwelling units, frequently on lots of different sizes and shape, surrounded by a large expanse of open space with the streets and utilities customized to the needs of the individual cluster.

DWELLING CONDOMINIUM. A building or series of buildings on the same lot or portions thereof containing more than one dwelling unit under private or separate ownership, joint ownership of common open spaces.

DWELLING, GROUP. A building or portion of building occupied or intended for occupancy by several unrelated persons or families, but in which separate cooking facilities are not provided for such resident persons or families. The term GROUP DWELLING includes but is not limited to the terms ROOM HOUSE, Y.M.C.A. or Y.W.C.A. A hotel, motel, or tourist home shall not be deemed to be a group dwelling as herein defined.

DWELLING, ONE-FAMILY. A detached dwelling other than a mobile home designed for or occupied exclusively by one-family on a single lot.

DWELLING, MULTIPLE-FAMILY. A building or series of buildings on the same lot portions thereof used or designed as dwellings for two or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. The terms MULTIPLE-FAMILY and MULTI-FAMILY are synonymous and are used interchangeably throughout this chapter.

DWELLING, SINGLE-FAMILY ATTACHED, TOWNHOUSE. A single-family dwelling unit construct in a series or group of attached units with property lines separating such unit. Firewalls separating each dwelling unit shall extend from the foundation through the roof.

DWELLING, TWO-FAMILY. A dwelling arranged or designed to be occupied by two families in separate dwelling units living independently of each other on a single lot.

DWELLING, UNITS. One or more rooms connected together and constituting a separate, independent housekeeping establishment with provision for cooking, eating, and sleeping, and physically set apart from any other rooms or dwelling units in the same structure or another structure.

FAMILY. One or more persons occupying a single dwelling unit provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises.

GARAGE, PRIVATE. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.

GARAGE PUBLIC. Any garage other than a private garage which is used for storage, minor repair, servicing, washing, adjusting or equipping of automobiles or other vehicles.

GARAGE REPAIR. Buildings and premises designed or used for purposes indicated under automobile service station and/or major commercial repairs provided that body work and painting shall be conducted within fully enclosed buildings and provided further that self-propelled vehicles in process of repair shall be stored in a fully enclosed and secluded area.

GREENBELT. Synonymous with a BUFFER YARD. See §§ 151.265 through 151.268.

HOME OCCUPATION. Any use in a residential area, conducted solely by the occupants of a dwelling, and contained entirely within the dwelling or serving as a base of operations or office. This use shall be clearly incidental to the residential purpose and it shall not change the character thereof. Only residents of the dwelling shall be employed in connection with this activity, except the following: a nonresident assistant may be employed by a lawyer, physician, dentist, chiropractor, or similar professional. No more than 25 percent of the total floor space of any structure may be used in a home occupation.

HOTEL. A building or buildings in which lodging, with or without meals is provided and offered to the public for compensation, which is open to transient or permanent guests. The word HOTEL includes the terms MOTEL and TOURIST COURT.

JUNK or SALVAGE YARDS. The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage, or scrap materials; or the dismantling, demolition or abandonment of automobiles and other vehicles, machinery, equipment or parts thereof.

KINDERGARTEN, NURSERY. Any public or private school, operated on a profit or nonprofit basis for preschool children, wherein a specific curriculum is prepared and presented by qualified instructors for educational purposes, but specifically excluding day care centers.

LANDSCAPED STRIP. A greenery space consisting of a year-round planted ground cover, properly maintained, and having an appropriate selection of bushes or shrubs placed at least every five feet of the strip length.

LOADING SPACE, OFF-STREET. Space logically and conveniently located for pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

LOT, CORNER. A lot located at the intersection of two or more streets.

LOT, DEPTH. The mean horizontal distance between front and rear lot lines.

LOT, DOUBLE FRONTAGE. A lot which has frontage on more than one street, provided, however, that no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three or more streets.

LOT, INTERIOR. A lot, other than a corner lot, which has frontage on only one street other than an alley.

LOT, LOT OF RECORD. An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Oconee County, as maintained in the Oconee County Courthouse. The terms LOT, PLOT, LOT OF RECORD, PROPERTY, or TRACT whenever used in this chapter, are interchangeable.

LOT WIDTH. The distance between side lot lines measured at and along the front building line.

MANUFACTURED HOME/MOBILE HOME PARK. Premises where two or more mobile homes at the time this chapter comes into effect, are parked for living or sleeping purposes, or where spaces are set aside or offered for sale or rent for use for mobile homes for living in or sleeping purposes, including any land, building, structure, or facility used by occupants of mobile homes on such premises.

MANUFACTURED HOME/MOBILE HOME SPACE. A plot of ground within a mobile home park designed for the accommodation of one mobile home.

MANUFACTURED HOMES/MOBILE HOMES. Any structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation. A MOBILE HOME shall bear the label or seal of compliance with the Federal Mobile Home Construction and Safety standards approved by the Department of Housing and Urban Development of the United States of America.

MOBILE HOME PARK. A use of land in which lots or spaces are offered for rent or lease for the placement of four or more manufactured homes exclusive of a mobile home occupied by the property owner as a legal residence, that are located within the vicinity of one another and operated in any coordinated manner. The park may be located on a single parcel, or multiple parcels, in the same or different ownership and in which the primary use of the park is residential, and the owner thereof receives renumeration by the occupants thereof.

MODULAR BUILDING. A building manufactured off site and transported to the point of use for installation as a finished building not designed for removal to another site. A MODULAR BUILDING shall comply with the standards set forth in the South Carolina Modular Buildings Construction Act of 1984 and bear the certification seal of the South Carolina Building Code Council.

MOTEL. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or permanent guests. The word MOTEL includes the terms HOTEL and TOURIST COURT.

NET ACRE. The amount of land devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, or other public uses. (See DENSITY, NET).

NONCONFORMING STRUCTURE OR USE. A structure or use of land lawfully occupied by an existing use which does not conform with size/setback/lot coverage requirements or the permitted uses for the zoning district in which it is situated, either at the effective date of this chapter or as the result of subsequent amendments to this chapter. A NONCONFORMING USE, or characteristic of use shall not be reestablished after vacancy, abandonment, or discontinuance for any period of 12 consecutive months.

OPEN SPACE, IMPROVED. Those changes which will enhance the utilization of the property other than the existence of natural flora.

OPEN SPACE, UNIMPROVED. Those areas left in their natural state.

PARCEL. See LOT.

PARKING LOT. Any public or private open area used for the express purpose of parking automobiles and other vehicles, with the exception of areas on the premises of single-family dwellings used for parking purposes incidental to the principal use. Otherwise, parking lots may be the principal use on a given lot.

PARKING SPACE. A space within a parking lot or on a single-family dwelling lot expressly provided for purposes of parking an automobile or other vehicle.

PLOT. An area designated as a separate and distinct parcel or land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of Oconee County, as maintained in the Oconee County Courthouse.

RESIDENCE. A building or portion of a building arranged or designed to provide living and/or sleeping quarters for one or more families. The terms DWELLING and RESIDENCE shall be interchangeable.

RV (RECREATIONAL VEHICLE) PARK. Any lot of land upon which two or more recreational vehicle sites, or campground sites, are located, established, or maintained for occupancy as temporary living quarters for purposes of recreation or vacation. This term does not include any premises on which unoccupied recreational vehicles, whether new or used, are parked for the purposes of inspection, sale, storage, or repair.

SERVICE STATION. See definition of AUTOMOBILE SERVICE STATION.

SETBACK. The depth or width of any required yard. The minimum linear distance from any designated property line or right-of-way to a structure on a lot.

SHORT-TERM RENTAL means the legally permitted accessory use of a dwelling unit or portion thereof for a fee or other compensation for a period of less than 30 consecutive rental days. Short-term rentals do not include hotels, motels, bed and breakfast, boarding houses, inns, or other commercial accommodations.

SIGN. The term SIGN shall mean and include every SIGN, billboard, poster, panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminating sign, sign painted on a wall, window marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration or insignia used to advertise or promote the interests of any persons when the same is placed in view of the general public, traveling along a public street right-of-way. See sign definitions in § 152.002.

SOCIAL ORGANIZATION. An incorporated or unincorporated association for civic, cultural, religious, literary, political, recreational or like activity operated for the benefit of the members and not generally open to the public.

SPECIAL EXCEPTION. A use so specifically designated in this chapter, that would not be appropriate for location generally or without restriction throughout a given zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would in the opinion of the Board of Appeals, promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.

SPOT ZONING. An illegal action; a rezoning that is:

(1)

Inconsistent with existing zoning patterns;

(2)

For the benefit of the landowner;

(3)

Detrimental to neighborhood; and

(4)

Without any substantial public purpose.

STORY. That portion of building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and ceiling next above it.

STREET. A dedicated and accepted public right-of-way for vehicular traffic, which affords the principal means of access to abutting properties.

STREET CENTERLINE. That line surveyed and monumented by the governing body shall be the centerline of a street; or in the event that no centerline has been so determined, it shall be that line running midway between, and parallel to the general direction of the outside right-of-way lines of such streets.

STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. A BUILDING, as defined herein, is a STRUCTURE.

SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, to the process of subdivided provided, however, that the following exceptions are included within this definition only for the purpose of requiring that the local Planning Commission be informed and have record of such subdivisions:

(1)

The combination or recombination of portions or previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority.

(2)

The division of land into parcels of four acres or more where no new street is involved.

SUITABLE PLANTING SCREEN. A properly planted strip composed of evergreen greenery which possesses growth characteristics of such a nature as to produce a dense, compact mass, such as, opaque barrier, that is suitable for blocking or impeding vision to such an extent that images are not generally distinguishable from one side of the mass to the other. The planting screen shall be a minimum of ten feet in width and a minimum of six feet in height at the time of planting. Such barriers shall be maintained and replaced if any of the plantings shall perish. This term shall be synonymous with BUFFER YARD and GREENBELT.

TOURIST HOME. A dwelling in which sleeping accommodations in less than ten rooms are provided or offered for the use of guests in return for compensation, and meals may or may not be offered. A dwelling in which such accommodations are offered in ten or more rooms shall be deemed to be a hotel as herein defined. The use of a dwelling as a TOURIST HOME shall not be considered an accessory use or a customary home occupation.

TRACT. See LOT.

TRAILER. Any vehicle or structure capable of moving, or being moved, over streets and highways on its own wheels or on flat beds or other carriers, which is designed or utilized to:

(1)

Provide temporary or permanent quarters;

(2)

Serve as a carrier of people, new or used goods, products, or equipment; and

(3)

Be used as a selling, advertising or display device.

For purposes of this chapter, the term TRAILER shall not include the terms camper, mobile home, or house trailer.

TRAILER, HOUSE. The term HOUSE TRAILER, for purposes of this chapter, shall be interchangeable with the term MANUFACTURED HOME/MOBILE HOME, as defined herein.

USE, ACCESSORY. Purpose for which a lot is occupied and used when criteria is met and approved.

VARIANCE. A modification of the strict terms of this chapter granted by the Board of Zoning Appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property owner, a literal enforcement of the chapter would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located.

YARD. A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.

YARD, FRONT. A yard situated between the front building line and the front lot lone extending the full width of the lot.

YARD, REAR. A yard situated between the rear building line and the rear lot line extending the full width of the lot.

YARD, SIDE. A yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.

ZONING DISTRICT. See DISTRICT.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)