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Westminster City Zoning Code

ACCESSORY USES

§ 151.135 - ACCESSORY USES.

In addition to the principal uses, each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principal use or uses to which it serves as an accessory.

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

§ 151.136 - USES CUSTOMARILY ACCESSORY TO PUBLIC USES, BUILDING OR ACTIVITIES.

(A)

Uses customarily accessory to public uses, building or activities. There shall be no limitations regarding accessory uses to any use, building or activity operated within the public domain except that such uses, buildings or activities must be directly related and subordinate to the principal public use.

(B)

Uses customarily accessory to dwellings.

(1)

Private garage not to exceed the following storage capacities:

(a)

One- or two-family dwelling: Four automobiles;

(b)

Multiple-family dwelling: Two automobiles per dwelling unit.

(2)

Open storage space or parking area for motor vehicles provided that such space does not exceed the maximum respective storage capacities listed under subdivision (B)(1) above; and one commercial vehicle licensed as one-ton or less in capacity per family residing on the premises.

(3)

Shed or tool room for the storage of equipment used in grounds or building maintenance.

(4)

Noncommercial horticulture or agriculture, (primary income is not derived from horticulture/agriculture operation). Poultry and farm animals must be fenced in and out buildings must be 200 feet from property lines and kept 50 feet from any well, water and residences.

(5)

Private swimming pool, bathhouse, or other recreational facility customarily accessory to dwelling units, provided conditions in § 151.138 are met.

(6)

Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.

(7)

Noncommercial flower, ornamental shrub or vegetable garden, greenhouse, or slat house not over eight feet in height.

(8)

A satellite receiving dish, only one per lot, to be placed in the rear lot only, and such dish shall not be located nearer than ten feet from the side and rear lot line.

(9)

All garages and carports shall be located at the rear of the dwelling. However, if the carport or garage is built to match the dwelling, it may be on the side of the dwelling.

(10)

Land-sea freight containers must be screened from public view by a walled containment area or an enclosed privacy fence. Any noncomplying containers in existence shall be removed within 60 days from the date of enactment of this chapter at the sole expense of the property owner.

(11)

Accessory dwelling unit that meets the criteria set out in § 151.37, only in the RR, R-1 acre, and R-25 Districts.

(C)

Uses customarily accessory to church buildings.

(1)

Religious education or activity building;

(2)

Parsonage, pastorium, or parish house, together with any use accessory to a dwelling as listed under § 151.136(B).

(3)

Off street parking area for the use without charge of members and visitors to the church.

(D)

Uses customarily accessory to retail businesses, office uses and commercial, recreation facilities, and light industrial.

(1)

Off street parking or storage area for customers, clients, or employee owned vehicles.

(2)

Completely enclosed building for the storage of supplies, stock of merchandise.

(3)

Light manufacturing and/or repair facility incidental to the principal use provided that dust, odor, smoke, noise, vibration, heat or glare produced as a result of such manufacturing or repair operation is not perceptible from any boundary line of the lot on which said principal and accessory uses are located and provided such operation is not otherwise specifically prohibited in the district in which the principal use is located.

(4)

Sheds or tool rooms for the storage of equipment used in operations or maintenance.

(5)

Boat marina.

(6)

Private docks, boathouses.

(7)

Private swimming pools, bathhouses, or cabanas.

(8)

Swimming beach.

(9)

Bait house.

(10)

Golf course.

(11)

Land-sea freight containers must be screened from public view by a walled containment area or an enclosed privacy fence. Any noncomplying containers in existence shall be removed within 60 days from the date of enactment of this chapter at the sole expense of the property owner.

(12)

Industrial zoned areas shall be exempt from subdivision (D)(11) above.

(E)

Location and setbacks. All accessory uses shall be in the rear yard only for residential, and ten feet from lot lines. All others are to be ten feet from lot lines and confirmed by zoning first.

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

§ 151.137 - ACCESSORY DWELLING UNITS.

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. ADU's are only permitted in the RR, R-1 Acre, and R-25 Districts. An ADU may be approved as an accessory use to a principal single-family dwelling unit, if all of the following conditions are met:

a.

A scaled site plan must be submitted which shall show the ADU, the principal single-family dwelling, and compliance with:

1.

Required parking,

2.

Required setbacks, as applicable in the base zoning district; in addition all accessory dwelling units must be located in the rear yard only, ten feet from any lot lines

3.

Acknowledgement that the ADU would not conflict with any restrictive covenants applicable to the property

4.

Acknowledgement that the property is connected to sewer or a certificate from the South Carolina Department of Health and Environmental Control that the septic tank is approved for the number of bedrooms onsite, including the bedrooms in the ADU.

b.

(Reserved).

c.

There shall be a limit of one ADU per lot, subject to meeting all other requirements contained in this section, and the total number of dwelling units, including the ADU, shall not exceed two dwelling units per lot. The ADU may be separately metered for all utilities.

d.

Each ADU shall be limited to 800 square feet of conditioned floor area.

e.

One off-street parking space shall be provided for the occupants of the ADU on the subject property, in addition to providing, on the subject property, required off street parking for existing uses on the property. The parking space provided for the ADU may be situated in tandem with the required spaces for other uses.

f.

The following conditions shall be memorialized in a recorded covenant to run with the property. Prior to the issuance of a building permit, the owner shall provide a copy of the recorded covenants to the Zoning Department:

1.

Either the principal structure or the accessory dwelling unit, hereinafter ADU, must be owner-occupied and serve as the owner's primary residence. If neither unit is owner-occupied, the ADU may not be rented separately from the principal dwelling unit. No subleases of the ADU are permitted;

2.

Occupancy of an ADU shall be limited to no more than two adults with "adult" defined as any person 18 years of age or older;

3.

Under no circumstances shall the property be subdivided or converted to a horizontal ownership regime;

4.

The ADU may only be used as a short-term rental if all requirements are met and the underlying district allows short-term rentals.

5.

The covenants shall accord the City of Westminster, or its assignee, rights to enforcement by any legal and/or equitable means, including the revocation of a certificate of occupancy.

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

§ 151.138 - SWIMMING POOLS.

1.

A swimming pool may be constructed and operated when:

(A)

It is not located in any front yard.

(B)

A side yard pool must be a minimum of ten feet from any structure and a minimum of ten feet from the property line.

(C)

A wall or fence, no less than four feet in height, with self-latching gates at all entrances which completely encloses either the pool area or the surrounding yard area is provided.

(D)

All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties.

(E)

No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises.

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

§ 151.139 - HOME OCCUPATION.

A home occupation shall be permitted in any residential district provided that such occupation:

(A)

Is conducted either wholly or in part, by no other persons than members of the family residing on the premises;

(B)

Is conducted within the principal building; except swim lessons and small outdoor recreation lessons not to exceed two clients may be offered.

(C)

Utilizes not more than 25 percent of the total floor area of the principal building;

(D)

Produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling;

(E)

No display of products shall be visible from the street and only articles made on the premises may be sold;

(F)

Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition;

(G)

Is not visibly evident from outside the dwelling except for a sign of four square feet or smaller in size and mounted against a wall of the principal building;

(H)

Shall not create any more traffic other than residences in the area.

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