Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions. For the purpose of this chapter, certain words or terms used herein are defined as follows:

The word "shall" is mandatory.

The word "may" is permissive.

The word "lot" includes the word "plot" or "parcel."

The word "structure" includes the word "building."

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

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 and shall be construed to include the words "intended," "arranged," or "designed to be used or occupied."

The word "map" or "zoning map" means the official zoning map of the Town of Williamston, South Carolina.

The term "planning commission" refers to the Town of Williamston Planning Commission.

The term "council," "town council," or "mayor and council" refers to the legally constituted and elected governing body of the Town of Williamston.

The term "building official" or "zoning administrator" refers to that person designated by the council for the purpose of administering the building and/or zoning codes.

The term "board of appeals" refers to the Board of Zoning Appeals of the Town of Williamston.

Accessory means a use, structure, or building subordinate to the principal use, structure, or 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.

Alley means a secondary way which affords access to the side or rear of abutting property.

Alteration of structure means any change in the supporting members of a building (such as load-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 means buildings and premises on any parcel or lot where gasoline, oils, greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation), where no part of the premises is used for the storage of dismantled or wrecked vehicles parts, and also where the following services may be rendered, and none other: sale and service of spark plugs, batteries, and distributors; tire repair and servicing, but no recapping; replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper blades, windshield wipers, grease retainers, and wheel bearings; washing and polishing; greasing and lubrication; exchanging fuel oil pumps and installing fuel lines; minor servicing and replacing of carburetors; emergency wiring repairs; adjusting and repair of brakes; minor adjustment of engines, not involving removal of the head and/or crank case, or racing the motor; and sale of cold drinks, packaged foods and other products targeted to the traveling public, as accessory only to the principal operation.

Bed and breakfast inn means a use that takes place within a building that prior to such an establishment was a single-family residence, that consists of renting eight or less dwelling rooms on a daily basis to tourists, vacationers, and businesspeople, where provision of meals is limited to the breakfast meal, available only to guests. The resident operator shall reside on site.

Berm means a mound of earth.

Bufferyard means a permanent unit of land, together with planting, fences, berms, walls, and other screening devices required thereon.

Buildable area means that portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district within which the particular lot is located, once the various front, side, and rear setback requirements for the district have been subtracted from the total lot area.

Building means 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, and used or intended for the shelter, support or enclosure of persons, animals, or property of any kind.

Building line means that line which represents the distance from which a building or structure must be set back from a lot boundary line or a street right-of-way line or a 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 be set back the appropriate distance required within the district in which the lot is located from street right-of-way lines, street centerlines, or other boundary lines.

Building, principal, means a building in which is conducted the principal use of the lot on which said building is situated.

Camper means a mobile home, tent, trailer, or other self-contained vehicle designed for recreational purposes, made of metal or other materials, mounted on two or more wheels and either self-propelled or rigged for towing, provided such vehicle is less than 30 in length and is not used for residential purposes within the town.

Care home means 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 means an establishment where medical or dental patients who are not lodged overnight are admitted for examination or treatment.

Day care means a service established for the daytime care of persons not related to the operator.

Deciduous means leaves fall off or are shed each year.

Density means the number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this chapter are ex pressed in dwelling units per net acre, that is per acre of land devoted to residential use exclusive of land utilized for streets, alleys, parks, playgrounds, school ground, or other public uses.

District means the term applied to various geographic areas of the town for the purpose of interpreting the provisions of this chapter. The districts are designated on the official zoning map. Regulations controlling land use in the various districts within the town are set forth in article V of this chapter. The terms "district" and "zoning district" are synonymous and are used interchangeably throughout this chapter.

Drive-in means 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, banks, laundries, food stores, car washes, and other similar retail service activities.

Duplex. See Dwelling, two-family.

Dwelling means a building or portion of a building arranged or designed to provide living quarters for one or more families.

Dwelling, multifamily, means a building or series of buildings on the same lot or portions thereof used or designed as dwelling for three 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 "multifamily" are synonymous and are used interchangeably throughout this chapter.

Dwelling, single family, means a detached dwelling other than a mobile home designed or occupied exclusively by one family on a single lot.

Dwelling, two-family, means a duplex or dwelling arranged or designed to be occupied by two families in separate dwelling units living independently of each other on a single lot.

Dwelling unit means one or more rooms connected together and constituting separate, independent housekeeping establishment for use on a long-term basis, with provisions for cooking, eating, and sleeping and physically separated from any other rooms or dwelling units that may be in the same structure or another structure.

Evergreen means a plant which has green foliage throughout the year.

External storage means storage of materials, inventory, parts, machinery, or equipment outside of primary building.

Family means 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 employees serving the residents of the premises may be housed on the premises.

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

Garage, public, means any garage other than a private garage which is used for storage, minor repair, rental, servicing, washing, adjusting, or equipping of automobiles or other vehicles.

Garage, repair, means buildings and premises designed or used for purposes indicated under the term "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 the process of repair shall be stored in a fully enclosed and secluded area.

Groundcover means plants growing close to the ground which spread to form a dense covering over the ground.

Group housing means a building or structure used as a place of residence by several persons who share the living accommodations and do not occupy separate dwelling units. The following are considered group quarters: institutions, dormitories, rooming houses and boardinghouses, and similar establishments.

Home occupation means any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and no person who is not a resident of the premises is employed specifically in connection with the activity.

Hotel means 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 term "hotel" includes the term "motel."

Impervious surfaces mean surfaces which do not absorb rain. All building, parking areas, driveways, roads, sidewalks, and any areas in concrete and/or asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the zoning administrator to be impervious within the meaning of this definition will be considered as impervious surface.

Junk means and includes, but is not limited to, abandoned barrels or drums, dismantled or inoperable industrial or commercial equipment or machinery being salvaged for parts, and the following old, scrap, or used items: metal; rope; rags; batteries; paper; cardboard; plastic; rubber; pallets; appliances; motors; industrial or commercial fixtures; rubbish; debris; wrecked, dismantled or disabled motor vehicles or parts thereof.

Junkyard or salvage yard means any part of a lot, whether inside or outside of a building, used 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.

Kennel means a commercial operation that is engaged in the breeding of animals for sale, or that provides food, shelter, and care of animals for purposes not primarily related to medical care. (A kennel may or may not be run by or associated with a veterinarian.)

Loading space, off-street, means 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 means an area designated as a separate and distinct parcel of land on a legally recorded deed as filed in the official records of the county, as maintained in the county courthouse. The terms "lot," "plot," "lot of record," "property," or "tract," whenever used in this chapter, are interchangeable.

Lot, corner, means a lot located at the intersection of two or more streets.

Lot depth means the mean horizontal distance between front and rear lot lines.

Lot, double frontage, means 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, means a lot, other than a corner lot, which has frontage on only one street other than an alley.

Lot of record means an area designed as a separate and distinct parcel of land on a legally recorded subdivision plot or in a legally recorded deed as filed in the official records of the county, as maintained in the county courthouse. The terms "lot," "plot," "lot of record," "property," and "tract," whenever used in this chapter, are interchangeable.

Lot width means the distance between side lot lines measured at the front building line.

Major recreational equipment means equipment or vehicles used for recreational purposes, including but not limited to, motor homes, recreational vehicles, campers, trailers, motorboats, sailboats, boat trailers, all-terrain vehicles, off-road vehicles, and snowmobiles.

Manufactured housing. See Mobile homes.

Mobile homes mean movable or portable dwellings on wheels or on a permanent foundation of masonry units cemented together and supported on concrete footings, conforming to typical construction standards for the area of location. The unit is constructed to be towed on its own chassis and designed for year-round occupancy, which includes two or more units separately towable but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit. All mobile homes under the jurisdiction of this chapter shall comply with the standards for mobile homes by the American National Standards Institute, Inc. (ANSI), A 119.1-1969.

Modular home means a dwelling unit which is constructed in compliance with the Southern Standard Building Code and composed of components substantially assembled in an off-site manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Motel means 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 term "motel" includes the term "hotel."

Natural material means wood or other organic matter.

Nonconforming use means a structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of the ordinance from which this chapter is derived or as the result of subsequent amendments to this chapter.

Open space means land or water bodies used for recreation amenity which is freely accessible to all residents of a development where required by this chapter. Open space is not occupied by buildings or structures, roads, parking or road right-of-way. Open space does not include setbacks or lots of residential units required to meet minimum lot area or parking requirements.

Parking lot means 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 or an accessory use to the principal use on a given lot.

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

Permanently mounted means attached securely to a building, wall, canopy, or the ground or pavement by means such as concrete, bolts, metal braces, treated wood, or cedar.

Plot means 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 the county, as maintained in the county courthouse. The terms "lot," "plot," "lot of record," "property," and "tract," whenever used in this chapter, are interchangeable.

Service station. See Automobile service station.

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

Setback, front, means a yard situated between the front building line and the front lot line extending the full width of the lot.

Setback, rear, means a yard situated between the rear building line and the rear lot line extending the full width of the lot.

Setback, side, means a yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.

Shrub means a woody plant, usually multi-stemmed or well-branched from the base.

Sign means and includes every sign, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign, sign painted on a wall, window, marquee, awning or canopy, and shall include any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public traveling along a public street right-of-way.

Sign area means the area of the face of the sign formed by a perimeter consisting of a series of straight lines enclosing all parts of the sign. The area of a freestanding sign structure is the area of the face or faces on one side only.

Sign, business identification, means a sign that directs attention to a business, commodity, service or other activity conducted on the premises upon which the sign is located.

Sign, freestanding, means a sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having principal function other than the support of a sign.

Sign, illuminated, means a sign in which illumination techniques are used in any fashion to project the message on a sign.

Sign, political, means a temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

Sign, portable, means a mobile sign that is mounted on a trailer-type frame or a frame not permanently attached to the ground.

Sign, real estate, means a sign advertising exclusively the sale, lease, rental, or development of the premises upon which it stands or directing attention to the opening and location of a new subdivision.

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

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

Street centerline means that line surveyed and recorded by the governing body as 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 means 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 in this section, is a "structure."

Supportive housing is a combination of housing and services intended as a cost-effective way to help people live more stable, productive lives. It may include individuals and families confronted with homelessness and who also have very low incomes and/or serious, persistent issues that may include substance use disorders (including alcoholism), mental health, HIV/AIDS, chronic illness, diverse disabilities (e.g., intellectual disabilities, mobility or sensory impairments) or other serious challenges to stable housing. It usually is coupled with such social services as job training, life skills training, alcohol and substance use disorder treatment, community support services (e.g., childcare, educational programs and case management.

Tract. See Lot.

Trailer means any vehicle or structure capable of moving, or being moved over streets and highways on its own wheels or on flatbeds or other carriers, which is designed or utilized to:

(1)

Provide temporary or permanent quarters for the conduct of business, profession, trade, or occupation;

(2)

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

(3)

Be used as a selling, advertising, or display device.

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

Transitional housing is "temporary" housing for certain segments of the homeless population, including working homeless people who are earning too little money to afford long-term housing. Transitional housing is set up to transition residents into permanent, affordable housing. It is not in an emergency homeless shelter, but usually a room or apartment type setting in a residence with support services.

Tree, canopy, means a tree with a large, broad, spreading crown, usually broadleaf and deciduous with a minimum mature height of 40 feet.

Tree, understory, means a small, usually shade-tolerant tree, capable of thriving in the lower light intensities found under the canopy of tall trees.

Use, accessory. See Accessory.

Use, principal, means the primary purpose for which a lot is occupied and/or used.

Variance means a modification of the strict terms of this chapter granted by the board of appeals where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not as the result of any action on the part of 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 means a space on the same lot with a principal building, open, unoccupied and unobstructed by building or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.

Yard, front, means a yard situated between the front building line and the front lot line extending the full width of the lot.

Yard, rear, means a yard situated between the rear building line and the rear lot line extending the full width of the lot.

Yard, side, means a yard situated between a side building line and a sideline and extending from the front yard to the rear yard.

Zoning district. See District.

Sexually oriented business. The following definitions apply to the regulation of sexually oriented businesses:

Childcare center means an establishment providing for the care, supervision, and protection of children.

Employee means 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.

Operator means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

Permitted or licensed premises means any premises that requires a license and/or permit that is classified as a sexually oriented business.

Permittee and/or licensee means 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.

Public building means any building owned, leased or held by the United States, the state, the town, any special purpose district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental or other public purposes.

Public park or recreation area means any public premises which have been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, gymnasium, recreational center, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness area, or similar public premises within the town which are under control, operation, or management of the town park and recreation authorities, or the equivalent state, county, or recreation district authorities.

Religious institution means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

Residence means a building or portion of a building arranged or designated to provide living quarters for one or more families. The terms "dwelling" and "residence" shall be interchangeable.

Residential district means a geographical area recognized under the town's zoning chapter as primarily occupied by dwelling units for single family, two family, multiple family, or manufactured home parks or subdivisions and campgrounds. It does not include other zoned districts intended primarily for industrial, service, commercial, or office use but which permit residential use.

Residential use means the lawful utilization of any structure as a dwelling unit for single family, two family, and/or multiple family occupation.

School means any public or private educational facility including but not limited to child day care centers or facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, colleges, and universities. The term "school" includes the school grounds.

Sexually oriented business means 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, escorts or escort agencies.

Youth activity center means a boy's club, girls club, or any other facility which is not a school, but which provides entertainment, recreation, crafts, tutorials, or other quality of life enhancements for minors, whether a nonprofit facility or not.

Telecommunications towers. The following definitions apply to the regulation of telecommunications towers:

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

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

Height means, when referring to the height of a communication tower, is the distance from the base of the tower to the top of the structure.

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.

(Ord. No. 2008-02, § 1401, 6-2-2008; Ord. No. 2019-05, § 2, 7-8-2019; Ord. No. 2023-14, 10-2-2023)