For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed as uses of right or conditional uses are prohibited.

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

It shall be unlawful for the owner or occupant of a building, structure, or property to utilize the premises of such property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such property clear, and to remove from the premises all such abandoned items as listed above, and including, but not limited to weeds, dead trees, trash, garbage, etc. upon notice from the Planning Director's or Building Official's office. All developed property shall be maintained in accordance to the Zoning Code.

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

It shall be unlawful to strip, excavate, or otherwise remove topsoil in any district except in conjunction with development for which a permit has been issued.

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

151.103.01

Purpose. The City of Westminster believes in the importance of preserving quality of life and the character of overall neighborhoods, while maximizing the individual use of a property within these parameters. Concerns about short-term rentals include increased noise, traffic, trash, parking, negative impact on long-term housing stock, and undesirable changes to the traditional nature of the city's neighborhoods. This chapter provides a process to balance the protection of existing neighborhoods while allowing limited use as boarding houses and short-term rentals.

151.103.02

Definitions.

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, inns, or other commercial accommodations.

OWNER means a person who holds at least a 50 percent ownership in the premises or at least a 50 percent ownership in a life estate on the premises.

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

151.103.03

Requirements. An owner who wishes to advertise a property as a boarding home or for short-term rental or accept compensation is responsible for the following requirements. Failure to meet these requirements prior to advertisement or accepting compensation, whichever occurs first, constitutes a violation of this chapter.

A.

Business license and registration. An owner must complete and sign the license and registration application form provided by the city and pay the fee that shall be established periodically by City Council for short-term rentals. The registration must be renewed annually prior to April 30.

B.

The owner must attest that:

a.

All zoning requirements in both the underlying base zoning district and the zoning requirements in 151.103.04 have been met; and

b.

That the property has received a four percent primary residential assessment from the County Assessor's Office; and

c.

That the property has passed its annual business license inspection

d.

That there are no recorded deed restrictions or restrictive covenants that apply to the property that would prohibit, conflict with, or be contrary to the activity.

e.

That the home will not be advertised or used as an event location or party house. This includes use for weddings, bachelor/bachelorette parties, or other special events.

151.103.04

Zoning requirements for short-term rentals. Short-term rentals and boarding houses are only permitted in residential districts if the structure and lot meet the following criteria:

A.

The property cannot exceed four rental rooms, nor can it exceed four tenants. Furthermore, no more than six individuals can be staying overnight on the property at any time, including owners and their family members, so that if an owner has a spouse and dependent living in the residence, he may only have three tenants.

B.

The property may not contain any sign, permanent or temporary, advertising the short-term rental.

C.

The owner must have adequate insurance to protect the tenants, their property and guests.

D.

There must be no more than one kitchen and meals can only be served to monthly boarders and their guests, except that if there is a separate living area and kitchen associated with the bedroom, or what is commonly referred to as an "in-law suite", the owner may provide that separate rental, but it shall count as two and one-half rental rooms, such that if you have one "in-law suite" you may have only one other rented room, and if you have two "in-law suites" you may have no other rented rooms on the property.

E.

The facility must meet all State and Federal laws and regulations and must have an annual business license.

F.

There must be adequate off-street parking, such that there should be at a minimum one parking space per bedroom. Parking must be behind or on the side of the residence; it cannot be forward of the front building line of the residence located on the subject property.

151.103.05

Penalties for violations.

A.

Whoever violates any provision of this article shall, upon first offense, be subject to a fine of $500, or imprisoned not more than 30 days, or both.

B.

If, after any conviction or any lawful order issued pursuant thereto, such person continues the violation or noncompliance, each subsequent day of violation may be considered a separate offense punishable by $500 or imprisonment up to 30 days, or both.

C.

In addition, violations may result in revocation or denial of future business license pursuant to business license code.

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

I.

Dimensional and Lot Requirements.

A.

"Mobile home park" shall be defined as 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.

B.

The minimum area for a mobile home park shall be two acres.

C.

The maximum number of mobile homes per acre shall not exceed six.

D.

No mobile homes in the park may be located closer than 25 feet from the property lines. This 25 feet shall not be used for parking or refuse receptacles.

E.

All new mobile home parks shall reserve and develop a minimum of ten percent of its land for common grounds. This recreational area shall not be less than 300 square feet in area.

1.

If an existing park is expanded, a recreational area equal to ten percent of the gross park area must be provided.

II.

General requirements.

A.

The mobile home park shall be located in a well-drained area. A mobile home park shall not be located in an identified flood area.

B.

A mobile home park shall be screened along its sides as deemed appropriate by the Codes Enforcement Officer. Required screening may be: evergreen trees or shrubs, walls, or any other type of proper screening.

C.

Signs shall not exceed a combined total area of 100 square feet per mobile home park.

D.

Each dwelling unit in the park shall meet the building requirements in § 150.01(B), special rules for manufactured or mobile homes.

E.

The Building Inspector, Health Authorities, or other authorized employees of the City of Westminster, South Carolina, are authorized to enter mobile home parks or individual lots and inspect them within the jurisdiction of this chapter at a reasonable time of the day.

III.

Sewage disposal.

A.

Where the sewer lines of the mobile home park are not connected to a public sewer, a method of sewage disposal approved by the health authority shall be provided. The design of the treatment facility shall be based on the maximum design population of the mobile home park.

IV.

Refuse disposal.

A.

The storage, collection, and disposal of refuse in the mobile home park shall be controlled so that it creates no health hazards, rodent or insect breeding areas, or accident or fire hazards.

B.

All refuse shall be stored in fly-tight, water-tight, rodent-proof containers. Good faith efforts shall be made for the containers to minimize spillage.

C.

All refuse shall be collected at least once weekly. Accumulations of debris which may provide harborage for insects, rodents, or any animal shall not be permitted.

D.

Mobile home parks must meet garbage and refuse collection requirements in Section 51 of the Westminster Code of Ordinances: Garbage and Refuse.

V.

Utility distribution.

A.

Every mobile home park shall contain an electrical system which shall be installed and maintained in accordance with applicable codes and regulations.

B.

Main power lines not located underground shall be suspended at least 18 feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any mobile home.

VI.

Applications for new mobile home parks.

A.

An applicant must present an application to the Building Official for approval of any new manufactured or mobile home parks. The application must include:

1.

Name and address of mobile home park.

2.

Location and legal description of the property.

3.

One copy of the site plan showing the area, existing and proposed structures, topography, parking, roadways, and utilities.

B.

The City Planning Commission shall review each application based on the following criteria:

1.

The Building Inspector has 30 business days for review of permit request and must submit his recommendations to the Planning Commission for action.

2.

After receiving the recommendation of the Building Inspector, the City Planning Commission must act to either approve or disapprove the building permit request within 45 days.

3.

If the Planning Commission disapproves a request for a building permit, the applicant must be notified, in writing, and given the reasons for disapproval. The decision of the Planning Commission is final and may only be appealed to Circuit Court.

VII.

Amortization of nonconforming structures.

A.

All mobile home parks in place at the time of the enactment of this chapter shall be brought into conformity with the requirements of this chapter within 12 months from the date of the enactment of this chapter and/or notification by the Building Official.

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

Public or commercial recreational facilities adjacent to lots, which are zoned or used for residential purposes, shall comply with the following standards:

(A)

They shall not be closer than 50 feet from the property line.

(B)

No lighting used in connection with such activities shall be closer than 50 feet from the property line, and must be shielded or directed to face away from adjoining residences, such that direct rays from the lights shall not be visible from adjacent properties.

(C)

A solid wall or fence or vegetative screening, which furnishes protection against noise and light, shall be provided.

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

(A)

Uses that may be located in any zoning district. Due to the unique nature of certain public service uses and the need to locate such uses in certain areas of the city irrespective of prevailing district regulations, the following list of uses may be established in any zoning district in the city provided such uses meet all dimensional requirements of the district, except height, within which they will be located:

(1)

Post Office;

(2)

Police and fire stations, and other municipal buildings;

(3)

Sewerage treatment facilities;

(4)

Water treatment and storage facilities;

(5)

Telephone exchange and repeater stations;

(6)

Radio and TV station masts;

(B)

Buffer yards. Post offices, police, fire, telephone repeater stations, and municipal recreational facilities shall observe the buffer yard requirements as required in § 151.268.

(C)

Public hearing.

(1)

Prior to the granting of a building permit for any of the above listed uses, the Planning Commission shall hold a public hearing on the matter at least 15-days' notice of time and place of which shall be published in a newspaper of general circulation in the city. The city shall notice the hearing on social media.

(2)

Based on the hearing and the probable impact of such uses on contiguous uses and conditions, the Planning Commission may elect to recommend denial of such request in favor of a more acceptable site elsewhere.

(3)

City Council shall review the recommendation of the Planning Commission and make the final determination regarding the placement of the public service use.

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

(1)

No nonconforming structure or use shall be maintained, renewed, changed, or extended until the Zoning Administrator or Building Official shall have issued a certificate of occupancy. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this chapter, provided that upon enactment or amendment of the Zoning Code, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be considered as a statement by the property owner that the property was in conformance at the time of enactment or amendment of this chapter.

(2)

No permit for erection, alteration, moving or repair of any building in which temporary occupancy is expected during the above activities shall be issued until an application for a temporary certificate of occupancy has been made and received. Such temporary certificate shall be for a period not to exceed six months during the alterations or partial occupancy of a building pending its completion. Such temporary certificates may include such conditions and safeguards as will protect the safety of the occupants and the general public.

(3)

The Zoning Administrator or Building Official shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person.

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

(1)

Authority of article provisions. The authority to regulate communication towers in the city is pursuant to S.C. Code 1976, §§ 6-29-310 et seq.

(2)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ANTENNA means a device, dish or array used to transmit or receive telecommunications signals.

BOARD means the City of Westminster Board of Zoning Appeals.

COMMUNICATION TOWER means a tower, pole, or similar structure which supports or performs as a telecommunications antenna operated for commercial purposes above the ground in a fixed location, freestanding, guyed, or on a building.

HEIGHT (of a communication tower) means the distance from the base of the communication tower to the top of the communication tower.

STEALTH TOWER means a communication tower designed and installed in a manner such that the antenna, supporting apparatus and associated structures are aesthetically and architecturally complimentary and appropriate with regard to an existing structure or immediate environment in which the communication tower is located. Examples include, without limitation, church steeples, bell towers, flagpoles, etc.

TELECOMMUNICATIONS (as defined in the Federal Telecommunications Act of 1996) means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Cross reference— Definitions generally, §§ 151.280—151.281.

(3)

Communications tower and antenna permitted.

(a)

Determination by Zoning Administrator. All applications for tower placement must be submitted to the Zoning Administrator for review. Applications must be complete and shall include all of the materials required by this article (application requirements) and must meet all applicable requirements and/or conditions in this article before an application will be processed. Incomplete applications will be returned to the applicant. Under the following circumstances, the Zoning Administrator may administratively approve applications for placement of towers:

(1)

As a communication tower and/or antenna in any district co-located on existing towers or structures.

(2)

As co-locations, reconstruction or new construction in any district within the footprints of existing electric utility company transmission line towers (such as Duke Power Company transmission line towers).

(3)

As co-locations on existing electric utility company transmission line towers (such as Duke Power Company towers) which increase the height of the towers by no more than 20 feet.

(4)

Applications approved by the Zoning Administrator must comply with all other requirements of this article. The Zoning Administrator may refer any application to the board for final review and approval as a special exception.

(b)

Special exceptions granted by the Board of Zoning Appeals. Communication towers are permitted in NC, HC, LI, G1, G2, and G3 Zoning Districts for use only as a special exception. Applications for tower construction are subject to review and approval by the board. Priority in approving additional telecommunications facilities in the city shall be given to:

(1)

Co-location on existing towers or structures, including electric utility company transmission line towers:

(2)

Reconstruction of, or new construction within the footprints of existing electric utility company transmission line towers:

(3)

Only when these possibilities have been exhausted or when it can be demonstrated by an applicant that the alternatives are not technically feasible to provide adequate coverage for the surrounding area, or when it can be documented by the applicant that the cost of the proposed lease for a site or location is more than 20 percent above the prevailing rate of leases in comparable Metropolitan Statistical Areas (M.S.A.'s) in the southeast, shall other sites be considered for approval. Towers in other districts may, at the discretion of the board, be required to be constructed as a stealth design depending on the impact of the tower on the surrounding area. Under no circumstances are communication towers permitted in locally designated historic districts or residential districts.

(c)

Appeals to the Zoning Board. Whenever there is an alleged error by the Zoning Administrator in an order, requirement, decision, or determination, an applicant may request a hearing before the board. The board has the authority to correct, reverse, or uphold the decision of the planning director. The applicant must exhaust this remedy regardless of whether applicant feels the Zoning Administrator is in error, the ordinance is unlawful or too restrictive, or for any other reason.

(d)

Time limit for determination. Failure of the Zoning Administrator to act within 45 days from the date of the submission of a properly completed application, unless extended by mutual agreement, may be considered by applicant to be a denial of a permit and may be appealed to the board.

(e)

Co-locations. Co-locations on existing communication towers or other structures such as existing electric utility company towers which do not increase the height of the existing communication tower or structure are strongly encouraged. Co-locations, construction of freestanding structures (such as monopoles) which are located within the footprint of the existing tower or reconstruction of existing towers, any of which increase the height of the existing tower by more than 20 feet may be approved by special exception if they do not exceed the total tower height permitted in § 151.108(5). All new towers shall be designed to accommodate the principal provider and at least two additional carriers. At the discretion of the board, new stealth towers shall also be designed to accommodate additional carriers. The city, prior to final approval, must be satisfied that the tower does make reasonable accommodations for an additional user. The applicant shall make unused tower space available at fair market value.

(4)

General requirements.

(a)

Illumination. Communication towers shall be illuminated only as required by the Federal Communication Commission (FCC) and/or the Federal Aviation Administration (FAA).

(b)

Color. Communication towers shall only be painted with a gray, nonreflective paint unless otherwise required by state or federal regulations. This does not include stealth towers, unless it is a requirement of the Zoning Administrator or Board.

(c)

Signs. A single sign, two square feet in size which includes the names of the companies operating the equipment and a phone number for emergencies shall be displayed in a visible location on or near the communication tower. No advertising of any type may be attached to a communication tower.

(d)

Removal. A communication tower which use has been discontinued for a continuous period of one year, shall be removed within 120 days of the date of the end of such period. Companies must notify the city within 30 days if telecommunications cease operations at a tower or antenna. All structures, fencing, screening and other improvements must be removed, and the site must be returned to its original condition at the company's expense.

(e)

Security. A freestanding communication tower and associated structures shall be appropriately secured by means of a wall, fence or other device at least eight feet in height.

(f)

Screening. The purpose of this subsection is to establish control for the visual quality of communication towers from the ground level. A communication tower, as pertains to this subsection, includes the tower and the land and everything within the required security fencing including any other building and equipment. The screen shall be a minimum of ten feet of land surrounding the tower except for one service access. An appropriate plant material screen shall be evergreen plants of a quality and planted in accordance with the standards of the American Nurserymen Association that are indigenous or native to the county area. Such plantings shall be appropriately spaced and of such a size so as to achieve a dense screen with a minimum height of six feet within a three-year period from erection of a tower. Additional screening with deciduous or evergreen trees is desirable and encouraged. Existing trees shall be preserved unless a waiver has been granted by the Zoning Administrator to selectively cut specified trees. If in extreme or unusual situations and where it is proven impossible to properly construct the plant material screen, the Zoning Administrator may grant permission to construct the security fence as a solid masonry wall, either brick or stucco-type finish with a minimum height of six feet above ground level and constructed in accordance with applicable construction codes. A certificate of occupancy shall not be issued by the codes department until the required planting is completed. When the occupancy of a structure is desired prior to the completion of the required planting, a certificate of occupancy may be issued only if the owners or developers provide to the city a form of surety satisfactory to the city attorney and in an amount equal to 125 percent of the costs of the remaining plant materials, related materials, and installation (with the costs agreed to by the planning director or designee). The form of the surety shall be in conformity with the land development regulations for Oconee County. All required planting must be installed and approved by the first planting season following issuance of the certificate of occupancy or bond will be forfeited to the city. The owners and their agents shall be responsible for providing, protecting, and maintaining all required plant material in healthy condition, replacing unhealthy or dead plants within one year or by the next planting season, whichever comes first. Replacement material shall conform to the original intent of the approved plan.

(g)

Antenna capacity; wind load. The communication tower shall be designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards. Certification from a structural engineer registered in the state shall constitute proof that such standard has been met.

(h)

FCC license. The owner of a communication tower shall possess a valid FCC license for the proposed activity, or at the discretion of the board, the owner shall provide other substantial documentation in lieu of FCC licensing proving to the board that the owner has a verifiable history of satisfactory communications tower construction and operation.

(i)

Design for multiple use. A new communication tower shall be designed to accommodate additional antennae as provided for elsewhere in this article.

(j)

Safety codes. A communication tower shall comply with all applicable health, nuisance, noise, fire, building and safety code requirements.

(k)

Distance between towers. A proposed communication tower shall not be permitted within a mile of an existing communication tower, water tower, or similar structure unless the applicant certifies to the board, and the board subsequently finds, that the existing structure would completely fail to meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained. If a current structure is available and will meet a substantial portion of the applicant's requirements, that structure must be used. Furthermore, as provided elsewhere in this article, existing structures must allow multiple use, if at all possible.

(l)

Minimum setbacks. Minimum setbacks of communication tower (not including guy anchors) must be a minimum distance equal to one foot horizontally for every one foot in height plus 50 feet from:

(1)

All lot lines of residential or commercial property.

(2)

The nearest point of any structure meeting minimum standards for human occupation as put forth in applicable building codes adopted by the county and city.

(3)

Properties or districts designated historic.

(4)

Properties containing churches, schools, colleges, children's homes and shelters, hospitals and nursing homes; except that communication facilities which meet the definition of stealth tower may be permitted by special exception on these properties.

(5)

The right-of-way of all streets and roads.

(6)

All guy cables and anchors must be set back at a minimum of 20 feet from all lot lines.

(5)

Maximum height of freestanding communication towers. The maximum height of freestanding communication towers shall be as follows:

(6)

Permitted height of building-mounted communication towers.

(a)

A communication tower shall not exceed 20 feet in height if mounted on a building or any structure other than a freestanding or guyed communications tower.

(7)

The following information shall be submitted for all applications for approval of a communication tower:

(a)

Specifications. Two copies of the specifications for proposed structures and antennae, including description of design characteristics and material.

(b)

Site plan. Two copies of a site plan drawn to scale showing property boundaries, communication tower location, communication tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property. A site plan is not required if antenna is to be mounted on an approved existing structure. Prototypical drawings indicating various types of equipment to be located on the communication tower may be submitted at the time of the permit application. Identification of the owners of all antennae and equipment to be located on the site. Other equipment may be added to the communication tower without additional permits or inspections as long as electrical wiring is not required.

(c)

Location map. Two copies of a current map, or update for an existing map on file, showing locations of applicant's antennae, coverage areas, facilities, existing communication towers, and proposed communication towers, serving any property within the city are required. An applicant may request that specific proprietary or confidential information be withheld from the public record.

(d)

Owner authorization. Proof of ownership and written authorization from the site owner for the application.

(e)

Visual impact analysis. A line of sight analysis showing the potential visual and aesthetic impact on adjacent residential districts.

(f)

Alternative to co-location or stealth design. Co-located or stealth designs shall be required unless satisfactory documented evidence can be provided indicating that:

i.

The proposed antenna and equipment cannot be accommodated and function as required;

ii.

The applicant's technical design requirements are such that without unreasonable modifications they cannot function on any existing structure or communication tower under the control of applicant; and

iii.

The applicant has considered all available publicly owned sites, and available privately owned sites occupied by a compatible use, including all applicable sites or locations or a combination of sites and locations as described under § 151.108(3)(b) for priority of approval and the applicant has demonstrated that for the reasons described in that section that these sites and/or locations are unsuitable for operation of the facility under applicable state and federal communications regulations, the applicant's technical design requirements and/or valid economic reasons.

(g)

Indemnity. The applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the Zoning Administrator a written indemnification of the city and proof of liability insurance or financial ability to respond to claims up to $1,000,000 in the aggregate which may arise from operation of the facility during its life, at no cost to the city in a form approved by the city attorney.

(h)

Application fees. All communication tower applications shall include a check made out to the city in an amount to be determined by the Zoning Administrator, based upon a schedule of fees enacted by the City Council. Additional fees may be imposed in order to offset the costs associated with processing applications for special exceptions, appeals, or variances.

(8)

Special exceptions, variances and appeals.

(a)

Special exception. Communications towers are permitted in the city only by special exception, approved by the board, within the criteria of the general requirements. The board shall conduct a public hearing on each request for a special exception. All public hearings shall be advertised by the applicant in a form pre-approved by the Zoning Administrator in a newspaper of general circulation in the Oconee County at least 15 days in advance of the hearing.

(b)

Variance. An applicant may submit a request to the board for a variance from this or any other applicable land use ordinance. The board shall hear and decide appeals for a variance from the requirements of the ordinance when strict application of the provisions of the article would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing a unique, exceptional and otherwise unusual circumstance as provided for in general criteria for granting a variance in § 151.319 as from time to time may be amended.

(c)

Appeals. Applications for appeal shall be submitted through the Zoning Administrator to the board. All appeals shall be accompanied by copies of the original application, supporting maps and documentation and shall include a detailed written summary of the alleged error or misinterpretation of this article by the Zoning Administrator in not granting approval to the original application. A copy shall be provided for each board member and the Zoning Administrator, and other copies as may be required by the Zoning Administrator. Appeals shall be heard by the board within 45 days of submission of the completed application to the Zoning Administrator. The applicant must exhaust this remedy regardless of whether applicant feels the Zoning Administrator is in error, the ordinance is unlawful or too restrictive, or for any other reason.

(9)

Additional criteria for evaluating special exceptions and variances.

(a)

Application: conditions. All application requirements imposed by the Zoning Administrator must be met.

(b)

Setback requirements; additional conditions. The applicant must demonstrate that the proposed communication tower location is sufficient to satisfy setback requirements and must satisfy such other additional conditions, if any, necessary to remove dangers to safety and to protect adjacent property.

(c)

Priority of approval. If a location is requested which does not meet the requirements under § 151.108(3)(b) for priority of approval the applicant must demonstrate that all alternative sites and locations or combinations thereof provided for in that section have been considered by the applicant, and the applicant has demonstrated that for the reasons described these sites and/or locations or combinations thereof cannot adequately serve the area for valid technical or economic reasons and are unsuitable for operation of the facility under applicable communications regulations.

(d)

Denial on substantial evidence. The Federal Telecommunications Act of 1996 requires that a denial of a permit be supported by substantial evidence. The board shall maintain a written record of all appeal proceedings and shall maintain supporting documentation for any and all decisions.

(10)

Annual report required. All companies that operate or maintain ownership of communication towers in the city shall submit an annual report to the Zoning Administrator no later than January 15 of each year. The report shall include a description of all of its active and inactive facilities located in the city, co-locations of its own equipment, co-locations of other companies using its facilities, and shall include telephone numbers and addresses for company officials and maintenance personnel.

(11)

Technical assistance required. The Zoning Administrator (prior to issuing a permit) and the board (prior to issuing a permit by special exception or deciding an appeal or request for variance) may make use of technical consultants to review applications and to determine if the standards in this article are met. The permit applicant shall be required to bear the cost of the required technical services. The Zoning Administrator shall estimate any expenses and shall require payment with the completed application. Additional expenses shall be invoiced by the city Finance Department to the applicant. Amounts in excess of required fees and actual expenses shall be returned to the applicant.

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

A.

Location and access. Recreational vehicle parks shall be located in a public park or with direct access to a state or federal numbered highway or an approved County Road. No entrance to or exit from a recreational vehicle park shall be through an established residential neighborhood and are allowed only in the Rural Residential.

B.

Site conditions. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health or safety of the occupants. No portion of the site that is subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose that would expose persons or property to hazards. Stormwater drainage facilities shall be designed and installed in accordance with all city regulations.

C.

Spaces for occupancy; uses permitted; lengths of stay. Spaces in a recreational vehicle park may be used by recreation vehicles, as defined herein. Spaces shall be rented by the day, week, or month only, and no recreational vehicle shall remain in the same park for more than 90 days. The recreational vehicle park owner shall be responsible for maintaining records of all recreational vehicles and their lengths of stay and shall make these records available to the Zoning Administrator for review upon request. Recreational Vehicles shall not be used as short-term rental properties.

D.

Site planning and required improvements. Site planning and improvements shall provide for:

1.

Facilities and amenities appropriate to the needs of the occupants.

2.

Safe, comfortable, convenient, and sanitary use by occupants under all weather conditions to be expected during periods of occupancy; and

3.

Protection of occupants from adverse environmental influences, and where appropriate, protection of the neighborhood from potential adverse influences within the recreational vehicle park.

E.

No permanent use. A travel trailer or recreational vehicle shall not under any circumstances be considered as a dwelling unit and shall not be allowed as a principal or accessory residential structure in any zoning district. When set up for use, a travel trailer or recreational vehicle shall not be installed on any type of permanent foundation such as a masonry foundation nor have the running lights, moving hitch, wheels or axle removed. Continuous occupancy extending beyond three continuous months (90 days) shall be presumed to be permanent occupancy and is prohibited by this section.

F.

Limited conventional construction. One recreational vehicle on each approved lot or space. No manufactured homes or dwelling units or buildings of conventional construction shall be permitted on a lot or space for living purposes, except as specified below:

1.

Manager's office and residence, which may be of conventional construction.

2.

Recreation and social centers, which may be used for dancing, crafts, hobbies, games, childcare, meetings, banquets, theatrical performances, movie viewing, and similar entertainment uses which are intended and used primarily as a resident amenity. Such facility may be of conventional construction.

3.

Outdoor recreation facilities, such as parks, swimming pools, playground equipment, shuffleboard, and tennis courts, putting greens, and similar recreational uses intended for use by the campground occupants.

4.

Common use laundry facilities, maintenance buildings, and security guard houses that may be of conventional construction.

5.

Recreation center parking lots and guest parking areas.

G.

Development requirements. Recreational vehicle parks shall meet the following requirements:

1.

Minimum site area. The minimum site shall be six acres in the RR District.

2.

No RV shall be parked for sleeping purposes within 50 feet of the edge of the property line.

3.

Perimeter buffer or landscape screen.

(a)

A minimum landscape buffer of ten feet wide must be planted and/or fenced so as to obscure the visibility of the park from any public adjacent street.

4.

Open space and recreational areas. A minimum of 20 percent of the site area shall be open space and recreational area, excluding any required buffer or perimeter landscape strip. A minimum of eight percent of the total site area, counted as part of the required 20 percent site area that is open space and recreation area, shall be devoted to one or more active recreation facilities.

5.

Interior access roads, addresses and signing. The road system within the recreational vehicle park shall be designed as follows:

(a)

All interior roads shall be private but constructed and paved to public road standards as to the thickness of the base and paving courses. Roads shall be located within 50-foot-wide access and utility easements.

(b)

Two-way interior roads shall be constructed with a minimum surface width of 20 feet, and shall be designated "no parking," or 24 feet if on-street parking is to be allowed.

(c)

Interior roads shall be clearly marked at each intersection with signs to identify traffic directions and space numbers served by the road.

(d)

Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings, to delivery and collection points for refuse and other material, and elsewhere as needed.

6.

Walkways. Sidewalks shall be required along one side of all interior streets and in areas where pedestrian traffic is expected, such as around recreation, management, mailbox groupings if provided, and community services areas.

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