- DISTRICT REGULATIONS
(a)
Purpose. The purpose of this district is to provide for low- to medium-density residential development, together with churches, schools, recreational facilities and accessory uses normally necessary and compatible with residential uses. Horticultural or agricultural uses are also provided for in such areas, but not including the keeping of poultry or livestock. This district is intended to provide a homogeneous and aesthetically harmonious development of single-family dwelling units in low-density neighborhoods on lots having an area of 20,000 square feet or more.
(b)
Permitted uses. The following uses shall be permitted in any R-1 zoning district:
(1)
Detached single-family dwellings, other than manufactured or mobile homes.
(2)
Church, synagogue, temple or place of worship including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreation facilities, kindergarten or preschool nursery, in permanent structures.
(3)
School, government building or facility.
(4)
Public park or playground, recreational facilities such as tennis court, ball field, swimming pool or golf course.
(c)
Conditional uses. The following uses shall be permitted in any R-1 zoning district on a conditional basis, subject to the conditions of this section and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Public utility substation or sub-installation including water towers, provided that:
a.
Such use is enclosed by a painted or chain link fence or wall at least six feet in height above the finished grade;
b.
There is neither office or commercial operation nor storage of vehicles or equipment on the premises; and
c.
A landscaped strip not less than five feet in width is planted and suitably maintained around the facility.
(2)
Cemetery, provided that such use:
a.
Consists of a site of at least two acres;
b.
Includes no crematorium or dwelling unit other than for a caretaker;
c.
Front yard setback is ten feet from street right-of-way line;
d.
Maintains a non-illuminated sign no greater than 30 square feet and ten feet in height.
(3)
Temporary contractor office and equipment shed, provided all the following conditions are met:
a.
Used in connection with construction on premises;
b.
Must not cause traffic congestion or nuisances;
c.
For a term up to one year; may be renewed once.
(4)
Customary home occupation in single-family dwelling, provided all the following conditions are met:
a.
Conducted inside dwelling by resident family members;
b.
Uses no more than 25 percent of total dwelling floor area or 50 percent of an accessory building;
c.
No change in exterior or appearance of dwelling;
d.
No outside display of products;
e.
No sale of products except those made on premises or consumables incidental to a services;
f.
Creates no health or safety hazard, noise, offense emission, traffic hazard, unsightly condition or nuisance;
g.
Activity is not visibly evident outside dwelling, except for a wall-mounted non-illuminated nameplate not over two square feet in area; and
h.
Meets off-street parking requirements.
(d)
Special exceptions. The following uses shall be permitted in the R-1 zoning district as a special exception, subject to the conditions of this article and section 90-280 ("Special exceptions"):
(1)
Clustered single-family development, provided the board of zoning appeals determines:
a.
Detached single-family units on minimum two-acre development parcel;
b.
Maximum density of three dwellings per acre;
c.
Lot requirements per house may be waived;
d.
Zero interior lot line setback may be allowed;
e.
Subdivision regulations are met;
f.
Adequate provisions for access and traffic safety;
g.
The use is compatible with the district.
(2)
Conversion of existing dwelling to multifamily provided the board of zoning appeals determines:
a.
Large dwelling (over 3,000 square feet in total area) existed prior to 1970, has little economic value or usefulness as a single-family dwelling or other conforming use;
b.
Minimum 25,000 square feet lot, plus 8,000 square feet for each dwelling over two;
c.
No enlargement of exterior change to building permitted;
d.
Not more than four dwelling units are permitted;
e.
The use is compatible with the district.
(3)
Private kindergarten or preschool nursery, provided that:
a.
Such uses meet the minimum standards set forth for such facilities by the state board of health;
b.
Such use is located on a lot not less than 20,000 square feet in area; and
c.
No structure on the lot is closer than 25 feet to any abutting residential property lines.
(4)
Tourist (guest) home. Conversion of existing dwelling to bed and breakfast inn provided the board of zoning appeals determines:
a.
All conditions for home occupation are met;
b.
No common or shared driveways are permitted;
c.
Adequate off-street parking is provided in approved areas;
d.
Maximum of five guest rooms;
e.
Guest rooms restricted to guest stay not exceeding 30 days;
f.
The use is compatible with the district.
(5)
Private kindergarten, preschool nursery, or day care provided the board of zoning appeals determines:
a.
Applicable state regulations are met;
b.
Minimum 20,000 square foot lot;
c.
Structures minimum of 25 feet from residential property;
d.
Conditions imposed for safety, traffic, impact on district;
e.
The use is compatible with the district.
(e)
Prohibited uses. No activity that does not fall within the parameters of subsection (b), (c), or (d) of this section shall be permitted within the R-1 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the R-1 zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Parking and loading. Uses permitted in the R-1 zoning district shall meet standards set forth in article VI of this chapter.
(h)
Signs. Signs permitted in the R-1 zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(i)
Bufferyard requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(j)
General and supplementary regulations. Uses permitted in the R-1 zoning district shall meet standards set forth in article IX of this chapter.
(Ord. No. 2008-02, § 401, 6-2-2008)
(a)
Purpose. The purpose of this district is to provide for single-family residential development on medium-size lots, together with churches, schools, recreational facilities and accessory uses normally necessary and compatible with residential uses in areas of urban character appropriate to such uses. This district is located to protect existing development and to provide for development of vacant land with appropriate uses.
(b)
Permitted uses. The following uses shall be permitted in any R-2 zoning district:
Any use, together with conditions attached thereto, permitted in R-1 zoning district.
(c)
Conditional uses. The following uses shall be permitted in the R-2 zoning district on a conditional basis, subject to conditions of this section and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"):
All conditional uses permitted in the R-1 zoning district as shown in section 90-116(c) shall be permitted in any R-2 zoning district on a conditional basis, subject to the conditions set forth in that section.
(d)
Special exceptions. The following uses shall be permitted in the R-2 zoning district as a special exception, subject to conditions of this article and section 90-280 ("Special exceptions"):
All special exceptions permitted in the R-1 zoning district as shown in section 490-116(d) shall be permitted in any R-2 zoning district on a conditional basis, subject to the conditions set forth in that section.
(e)
Prohibited uses. No activity that does not fall within the parameters of section 90-118(b), (c), or (d) shall be permitted within the R-2 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the R-2 zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Parking and loading. Uses permitted in the R-2 zoning district shall meet standards set forth in article VI of this chapter.
(h)
Signs. Signs permitted in the R-2 zoning district, including the conditions under which they may be located, are set forth in article VII of this chapter.
(i)
Bufferyard requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(j)
General and supplementary regulations. Uses permitted in the R-2 zoning district shall meet standards set forth in article IX of this chapter.
(Ord. No. 2008-02, § 402, 6-2-2008; Ord. No. 2017-01, § I, 2-6-2017)
(a)
Purpose. The purpose of this district is to provide for medium density residential development. Churches, schools, recreational facilities and accessory uses normally necessary and compatible with residential uses are provided for in the area.
(b)
Permitted uses. The following uses are permitted in any R-3 zoning district:
(1)
Any use, together with conditions attached thereto, permitted in R-2 zoning district.
(2)
Two-family, duplex and townhouses.
(c)
Conditional uses. The following uses shall be permitted in the R-3 zoning district subject to the conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"):
All conditional uses permitted in the R-2 district as shown in section 91-117(c) shall be permitted in any R-3 zoning district on a conditional basis, subject to the conditions set forth in that district.
(d)
Special exceptions. The following uses shall be permitted in the R-3 zoning district as a special exception, subject to conditions of this article and section 90-280 ("Special exceptions"):
(1)
All special exceptions permitted in the R-2 zoning district as shown in section 91-117(d) shall be permitted in any R-3 zoning district on a conditional basis, subject to the conditions set forth in that section.
(2)
Manufactured homes may be allowed as a special exception at the discretion of the planning commission in accordance with section 90-277.
(e)
Prohibited uses. No activity that does not fall within the parameters of section 90-119(b), (c), or (d) shall be permitted within the R-3 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the R-3 zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Parking and loading. Uses permitted in the R-3 zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(h)
Signs. Signs permitted in the R-3 zoning district, including the conditions under which they may be located, are set forth in article VII of this chapter.
(i)
Bufferyard requirements. Where townhouses or apartments abut the R-1 or R-2 district, or where a conditional use abuts any residential zone, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(j)
General and supplementary regulations. Uses permitted in the R-3 zoning district shall meet standards set forth in article IX of this chapter.
(Ord. No. 2008-02, § 403, 6-2-2008; Ord. No. 2016-20, § 2, 9-12-2016)
(a)
Purpose. This district is intended to accommodate high density residential development and a variety of housing types on small lots or in multi-household settings.
(b)
Permitted uses. The following uses are permitted in the MFR zoning district:
(1)
Any use, together with the conditions attached thereto, permitted in the R-3 zoning district;
(2)
Duplex, townhouses, and apartments;
(3)
Accessory use on same lot with principal use, as follows:
a.
Private garage for motor vehicles;
b.
Open parking area for two motor vehicles per dwelling unit, may be used for one commercial vehicle up to one ton in capacity per dwelling unit;
c.
Shed for storage or building or lot maintenance equipment;
d.
Private kennel for not more than three dogs or three cats, four months of age or older, with a minimum six-foot fence for exterior kennel;
e.
Private swimming pool, including deck, bathhouse or cabana, boat dock;
f.
Private garden greenhouse up to eight feet high; and
g.
Private tennis, outdoor recreation and picnic facilities.
(c)
Conditional uses. The following uses shall be permitted in any MFR zoning district subject to the conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"). All conditional uses permitted in the R-3 district as shown in section 90-118(c) shall be permitted in any zoning district on a conditional basis subject to the conditions set forth in that district.
(d)
Special exceptions. The following uses shall be permitted in the MFR zoning district as a special exception, subject to conditions of this article and section 90-280 ("Special exceptions"):
(1)
All special exceptions permitted in the R-3 zoning district as shown in section 90-117(d), shall be permitted in any R-3 zoning district on a conditional basis subject to the conditions set forth in that section.
(2)
Group housing, transitional or supportive housing, provided such facilities conform with any applicable requirements of the state, and provided plans for such facilities receive the written approval by the town's contracted permitting agency, and Fire Department prior to the issuance of any permits for construction and operation, copies of such approval to be attached to the building permit and to be retained in the files of the zoning administrator.
(e)
Prohibited uses. No activity that does not fall within the parameters of subsection (b), (c) or (d) of this section shall be permitted within the MFR zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(1)
Maximum density for multifamily developments. The maximum density for multifamily developments shall be 12 units per acre.
(2)
Maximum development and spacing of buildings. No more than 12 attached dwelling units shall be constructed or attached together in a continuous row, and no such row shall exceed 200 feet in length. Detached principal or accessory buildings shall not be placed closer than 25 feet from any other building.
(3)
Maximum impervious surface. The maximum impervious surface shall not exceed 60 percent of the project site.
(4)
Common open space requirements. Each townhouse or apartment project in an R-4 district shall have a minimum of 20 percent of the total site area reserved and improved as common open space subject to the conditions set forth in section 90-273.
(g)
Streets and access.
(1)
All private roadways within a multifamily development shall be paved with asphalt or concrete. The wearing surface for asphalt paving shall be 1.5 inches thick. If concrete is used, it should be a minimum of five inches thick and have expansion joints where it meets driveways, walkways or curbs.
(2)
All roadways which are not to be dedicated as public streets shall have a minimum travel width of 20 feet, exclusive of parking. Roads within a multifamily development which are to be dedicated as public streets shall conform to the criteria established for county roads in county ordinance number 28.
(3)
Access roads to a multifamily development shall be located at least 150 feet from any public street intersection. The number of entrances and/or exits shall not exceed the ratio of one per 150 feet of park frontage. Developments with less than 150 feet of frontage are only allowed one combination ingress and egress road.
(h)
Parking and loading. Uses permitted in the R-4 zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(i)
Signs. Signs permitted in the R-4 zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(j)
Buffer yard requirements. Where townhouses or apartments abut the R-1 or R-2 district, or where a conditional use abuts any residential zone, a buffer yard in compliance with article VIII of this chapter shall be required along abutting property lines.
(k)
General and supplementary regulations. Uses permitted in the R-4 zoning district shall meet standards set forth in article IX of this chapter.
(l)
Street planting strips. Except for single-family, duplex or fee simple townhouse structures, in all front setbacks a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(Ord. No. 2008-02, § 403, 6-2-2008; Ord. No. 2016-20, § 2, 9-12-2016; Ord. No. 2023-16, 10-2-2023)
Editor's note— Ord. No. 2019-05, § 4, adopted July 8, 2019, repealed § 90-120, which pertained to MHSD—manufactured home subdivision district and derived from Ord. No. 2008-02, adopted June 2, 2008.
(a)
Purpose. The purpose of this district is to permit concentrated development and redevelopment of businesses in the town center to more efficiently serve the community and its surrounding area.
(b)
Permitted uses. The following uses shall be permitted in the CC zoning district:
(1)
Telephone, telegraph, radio, television services (except communications towers. See conditional uses).
(2)
Public utility including water tower, substation.
(3)
Wholesale trade, furniture, office, and medical equipment and supplies.
(4)
Retail trade involving sale of merchandise on premises, except automobile service station. See special exceptions.
(5)
Finance, insurance, and real estate.
(6)
Church, synagogue, temple or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreational facilities.
(7)
Government building or facility, including postal facility.
(8)
Services to individuals, business, and government establishments, except car wash, automobile repair garage (see conditional uses and special exceptions), and coin-operated machines.
(9)
Accessory use on same lot with principal use, as follows:
a.
Off-street parking or storage area for vehicles owned by members, customers or employees of business.
b.
Completely enclosed building for storage of supplies or merchandise for use in the principal business.
(c)
Conditional uses. The following uses shall be permitted in any CC zoning district subject to conditions of this section and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"):
(1)
Garage for repair and serving of motor vehicles provided the following conditions are met:
a.
Operations are fully enclosed in the building.
b.
No open storage of wrecked vehicles or dismantled parts, or parts visible beyond premises.
(2)
Dwelling unit provided all following conditions are met:
a.
Dwelling unit must be on a level above the grade floor within a permitted principal use building.
b.
Dwelling units must have access to a street as required by building and fire codes.
(3)
Communications tower.
(4)
Temporary Christmas tree sales, on vacant lot for a period not to exceed 45 days.
(5)
Contractor's office and equipment shed, provided all following conditions are met:
a.
Used in connection with construction on premises.
b.
Must not cause traffic congestion or nuisance.
c.
For term up to one year; may be renewed once.
(d)
Special exceptions. The following uses shall be permitted in the CC zoning district as a special exception, subject to the conditions of this article and section 90-280 ("Special exceptions"):
(1)
Automobile service station, including limited sale of groceries, provided the board of appeals determines:
a.
The use is compatible with the district.
b.
Parking and service areas are separated from adjoining residential property by plating screen, fence or wall at least six feet high.
c.
No major repairs or vehicle sales conducted on premises.
d.
Adequate provisions are made for access and traffic safety.
e.
Conditions are imposed to protect adjacent property from adverse impact.
(2)
Car wash, either automatic or self-service, provided the board of appeals determines:
a.
The use is compatible with the district.
b.
Adequate spaces for vehicles awaiting entry are required; more than minimum may be required.
c.
The area is required to be adequately screened from adjoining residential property.
d.
Adequate provision are made for access and traffic safety.
e.
Hours or operation are limited to prevent late night noise.
(3)
Transportation terminals for bus and railroad services, provided the board of appeals determines:
a.
Repair facilities and truck terminals are not permitted.
b.
Adequate maneuvering and parking spaces are set.
c.
Adequate provisions are made for access and traffic safety.
d.
The area is adequately screened from residential areas.
e.
The use is compatible with the district.
(e)
Prohibited uses.
(1)
The following uses are prohibited in the CC zoning district:
No activity that does not fall within the parameters of subsections (2) and (4) of this section shall be permitted within the CC zoning district.
(2)
The following uses are expressly prohibited in order to increase ordinance clarity:
a.
Sexually oriented businesses.
b.
Cellular towers.
c.
Tattoo parlors.
(f)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the CC zoning district shall be required to conform to the following standards except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Signs. Signs permitted in the CC zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter, shall be required.
(i)
General and supplementary regulations. Uses permitted in the CC zoning district shall meet standards set forth in article IX of this chapter.
(j)
External storage. Any external storage of inventory, parts, or machinery shall be established to the rear of the front line of the principal structure and shall be completely enclosed by a solid fence or wall composed of treated wood or brick.
(k)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(Ord. No. 2008-02, § 406, 6-2-2008)
(a)
Purpose. This district is intended to permit residential development while also allowing property owners to meet the commercial and service needs generated by nearby residential areas. Goods and services normally available in this district are of the "convenience variety." The size of any such districts should relate to surrounding residential markets.
(b)
Permitted uses. The following uses shall be permitted in the RC zoning district:
(1)
Any use, together with the conditions attached thereto, permitted in the R-1 single-family residential district.
(2)
Telephone, telegraph, radio, television services, except communications towers: See conditional uses.
(3)
Public utility, including water tower, substation.
(4)
Wholesale trade, furniture, office, and medical equipment and supplies.
(5)
Retail trade involving sale of merchandise on premises, except automobile service station: See special exceptions.
(6)
Finance, insurance, and real estate.
(7)
Church, synagogue, temple or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreational facilities.
(8)
Government building or facility, including postal facility.
(9)
Services to individuals, business, and government establishments, except car wash, automobile repair garage (see conditional uses and special exceptions), and coin-operated machines.
(10)
Accessory use on same lot with principal use, as follows:
a.
Off-street parking or storage area for vehicles owned by members, customers or employees of business.
b.
Completely enclosed building for storage of supplies or merchandise for use in the principal business.
(11)
General retail stores, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(12)
Service businesses, including, but not limited to plumbers, electricians, small engine machine shops, repair services, and similar uses, provided all services take place within an enclosed building and any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure, and provided that such storage is completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(13)
Restaurants (with or without drive-in window).
(14)
Food stores, including general grocers, produce stands, bakeries, and meat markets (without slaughtering on-site).
(15)
Food preparation establishments for off-premises delivery.
(16)
Schools.
(17)
Care homes.
(18)
Funeral homes.
(19)
Miniature golf course and driving range.
(20)
Mini-warehouses.
(21)
Horticulture nurseries.
(c)
Conditional uses. The following uses shall be permitted in any RC zoning district on a conditional basis, subject to conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
All conditional uses permitted in the R-1 district as shown in section 96-116(c) shall be permitted in any RC district on a conditional basis subject to the conditions set forth for the district in which the conditional use is first listed.
(2)
Communication tower.
(3)
Temporary Christmas tree sales, on vacant lot for a period not to exceed 45 days.
(4)
Contractor's office and equipment shed provided all following conditions are met:
a.
Used in connection with construction on premises.
b.
Must not cause traffic congestion or nuisance.
c.
For term up to one year; may be renewed once.
(5)
Machine service or repair and automobile gas station, body shop, or garage, provided:
a.
There is no open storage of wrecked vehicles; dismantled parts, or parts visible beyond the premises;
b.
Such facilities shall be arranged so that all serving is conducted on the premises and out of the public right-of-way; and
c.
Gasoline pumps shall be no closer than 25 feet to the right-of-way line of the street and all fuel tanks shall be installed underground.
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) or (c) or this section shall be permitted within the RC zoning district. The following uses are expressly prohibited in order to improve ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the RC zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(f)
Parking and loading. Uses permitted in the RC zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in the RC zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard, in compliance with article VIII of this chapter, shall be required along abutting property lines. Where two residential properties abut no bufferyard shall be required.
(i)
General and supplementary regulations. Uses permitted in the RC zoning district shall meet standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs. Residential uses shall be exempt from this requirement.
(Ord. No. 2008-02, § 407, 6-2-2008; Ord. No. 2014-03, § 1, 4-7-2014; Ord. No. 2017-19, § 2, 11-6-2017; Ord. No. 2021-06, 4-5-2021)
Editor's note— Ord. No. 2014-03, § 2, adopted Apr. 7, 2014, provides: "Since it is now becoming common place for automobiles and other motor vehicles to use diesel fuel, the term 'gasoline' pumps shall also include diesel fuel pumps."
(a)
Purpose. The intent of this district is for commercial and service uses oriented primarily to serving the needs of persons who live or work in nearby areas. Commercial uses are intended to be relatively small in size and service area, primarily for office uses.
(b)
Permitted uses. The following uses shall be permitted in the OC zoning district:
(1)
Any use, together with the conditions permitted in the CC zoning district.
(2)
General retail stores, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(3)
Service businesses, including, but not limited to plumbers, electricians, small engine machine shops, repair services, and similar uses, provided all services take place within an enclosed building and any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure, and provided that such storage is completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(4)
Restaurants (with or without drive-in window).
(5)
Food stores, including general grocers, produce stands, bakeries, and meat markets (without slaughtering on-site).
(6)
Food preparation establishments for off-premises delivery.
(7)
Schools.
(8)
Care homes (excluding transitional and/or supportive housing).
(9)
Funeral homes.
(10)
Miniature golf course and driving range.
(11)
Mini-warehouses.
(12)
Horticulture nurseries.
(c)
Conditional uses. The following uses shall be permitted in any OC zoning district subject to conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Machine service or repair and automobile gas station, body shop, or garage, provided:
a.
There is no open storage of wrecked vehicles; dismantled parts, or parts visible beyond the premises;
b.
Such facilities shall be arranged so that all servicing is conducted on the premises and out of the public right-of-way; and
c.
Gasoline pumps shall be no closer than 25 feet to the right-of-way line of the street and all fuel tanks shall be installed underground.
(2)
Combination of residential units with any use permitted herein, provided that all dwelling units have direct access to the outside of the structure. Parking provisions shall be complied with for each use.
(3)
Car wash, provided an off-street paved parking area accommodating at least one-half of the hourly vehicle washing capacity for vehicles awaiting entrance to the washing process is suitably located and maintained on the premises. Such space shall contain at least 200 square feet per waiting vehicle and shall create no safety hazard or impediment to traffic movement by the operation of such an establishment.
(4)
Animal hospital or animal boarding facility provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.
(5)
Automobile, farm equipment, boat and/or recreational vehicle sales, open yard for the sale, rental, and/or storage of materials or equipment excluding junk or other salvage.
(6)
Hospitals or clinics, including any functions which relate directly to the operation of the hospitals or clinics and are contained within the confines of said hospital or clinic.
(7)
Truck terminal, provided paved acceleration and deceleration lanes are at least ten feet in width and 100 feet in length, respectively; are furnished and maintained where trucks enter at or leave terminal sites; and provided sites for such facilities have direct access to major streets.
(8)
Cemetery, provided that such use:
a.
Consists of a site at least five acres in size;
b.
Includes no crematorium or dwelling unit other than for a caretaker and immediate family members;
c.
Has a front setback of at least 45 feet from the edge of the street right-of-way. If there is no established right-of-way, the setback shall be at least 70 feet from the centerline of the road.
(9)
Radio and television stations provided that the requirements for parking, loading, and unloading, conform to those for industrial buildings as set forth in article V of this chapter.
(10)
Off premises signs subject to article VI of this chapter.
(11)
Single-family residence meeting Southern Standard Building Code requirements, provided it is in existence at the time of the adoption of the ordinance from which this chapter is derived.
(12)
Multifamily residence, provided it is in existence at the time of the adoption of the ordinance from which this chapter is derived.
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) or this section shall be permitted within the OC zoning district. The following uses are expressly prohibited in order to improve ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Tattoo parlors.
(3)
Transitional and/or supportive housing.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the OC zoning district shall be required to conform to the following standards:
(f)
Parking and loading. Uses permitted in the OC zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in the OC zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter, shall be required along abutting property lines.
(i)
General and supplementary regulations. Uses permitted in the OC zoning district shall meet standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(Ord. No. 2008-02, § 408, 6-2-2008; Ord. No. 2023-13, 10-2-2023)
(a)
Purpose. The intent of this district is to accommodate research and research related uses as well as limited industrial uses which are not significantly objectionable in terms of noise, odor, fumes, smoke, gas, dust, fire hazard, dangerous radiation, or other noxious conditions, and which are able to meet the performance standards established for this district.
(b)
Permitted uses. The following uses shall be permitted in the I-1 zoning district:
(1)
Any industrial use plus operation incidental to such use which involves manufacturing, processing, repair or assembly operations, or the storage and sale of heavy materials, products, or equipment, but not including junk or salvage yards or uses which may cause injurious or noxious noise, vibration, smoke, gas fumes, odor, dust, fire hazards, dangerous radiation or other similar conditions.
(2)
Research or experimental laboratory.
(3)
Agricultural farm.
(4)
Horticultural nursery.
(5)
Radio and/or television station and/or transmission tower.
(6)
Office building and/or offices for governmental, professional, or general purposes.
(7)
Commercial, trade, or vocational school.
(8)
Off-street commercial parking lot or garage, as well as off-street parking or storage area for customer, client, or employee-owned vehicles.
(9)
Hospitals and clinics.
(10)
Newspaper publishing plant.
(11)
Automobile, farm equipment, boat and/or recreational vehicle sales, open yard for the sale, rental, and/or storage of materials or equipment, excluding junk or other salvage.
(12)
Mini-warehouses.
(13)
Photographer.
(14)
Electrician.
(15)
Plumber.
(16)
Bulk storage of petroleum or chemical products.
(c)
Conditional uses. The following uses shall be permitted in any I-1 zoning district subject to the conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Warehouse or other storage facility, provided that there is no external storage of junk or salvage materials of any type in conjunction with the operation.
(2)
Wholesale business outlet, provided that there is no open storage of junk or salvage materials of any type in conjunction with the operation.
(3)
Automobile service station, provided that all fuel pumps are set back at least 25 feet from the right-of-way line of any street, provided all fuel tanks are installed underground, and provided that there is no open storage of junk or salvage materials in conjunction with the operation.
(4)
Animal hospital and/or boarding facility, provided all boarding arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.
(5)
Truck terminal provided that paved acceleration and deceleration lanes of at least 12 feet in width and 100 feet in length, respectively, are furnished and maintained at every point where trucks enter or leave terminal sites located adjacent to major streets, provided no safety hazard or impediment to traffic movement is created on any road, and provided there is no open storage of junk or salvage materials in connection with the operation.
(6)
Garage or shop for the repair and servicing of motor vehicles, equipment or machine parts, including electricians and plumbers, provided all open yard storage incidental to such an operation conforms to the provisions of section 90-123(j); and provided no objectionable sound, vibration, heat, glare, or electrical disturbance is created which is perceptible beyond the premises.
(7)
Any industrial use which may produce significant noise, vibrations, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other objectionable conditions, provided such objectionable condition does not constitute a nuisance to adjoining properties; provided such use is located at least 50 feet from any abutting property line; and provided such use is located on a site at least five acres in size, except that if such use borders a parcel zoned for residential usage, it shall be located at least 70 feet from such property line. A buffer area in compliance with article VIII of this chapter shall be required.
(8)
Open yard use for the sale, rental and/or storage of new, used or salvaged materials or equipment, provided that such use is conducted in such manner that it will be located on a site no less than one acre in size, and provided no burning of materials or products is conducted on the premises except by means approved by the fire chief for the town, and, in the case of external storage of used or salvaged materials and/or equipment, a buffer strip in compliance with article VIII of this chapter shall be required along all property lines.
(9)
Off-premises signs subject to article VIII of this chapter.
(10)
Cellular towers. Conditions:
a.
Illumination. Communications towers shall be illuminated only as required by the Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA).
b.
Color. Communications towers shall not be painted unless otherwise provided for by state or federal regulations.
c.
Signs. A single sign, two square feet in size which includes the name of the company 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 is not used for a continuous one-year period shall be removed within 120 days. Companies must notify the town within 30 days if telecommunications cease operations at the tower or antenna. All structures, fencing, screening and other improvements must be removed and the site returned to its original condition at the company's expense.
e.
Security. A freestanding communication tower and associated structures shall be secured by a fence or masonry wall measuring at least eight feet in height.
f.
Landscaping. (As applied to communication towers this section supersedes article VII.) Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted with a maximum spacing of five feet around the immediate perimeter of the security fence surrounding the communication tower and associated structures. An appropriate plant material shall be evergreen and at least three-gallon container plants or 24 inches tall at the time of planting. The plants shall be of a quality and planted in accordance with the standards of the American Nurserymen Association that are indigenous or native to the county area. At least one row of evergreen trees with a minimum caliper of 1.75 inches at the time of planting shall be installed at a maximum spacing of 25 feet within a 50-foot radius of the communication tower.
g.
The owners and their agents shall be responsible for providing, protecting and maintaining all required landscape material in healthy condition, replacing unhealthy or dead plant materials within one year or by the next planting season, whichever comes first. Replacement material shall comply with the approved landscape plan.
h.
A certificate of occupancy shall not be issued until the required landscaping is completed. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides to the town a form of surety satisfactory to the town attorney and in an amount equal to 125 percent of the costs of the remaining plant materials and installation (with the costs agreed to by the zoning administrator). All required landscaping shall be installed and approved by the first planting season following issuance of the certificate of occupancy or bond will be forfeited to the town.
i.
Antenna capacity, wind load. The communication tower shall be designed to withstand winds in accordance with ANSI/ETA/TIA 22 (latest revision) standards. Certification from a structural engineer registered in South Carolina shall constitute proof that such standard has been met.
j.
License. The owners of a communication tower shall possess a valid FCC license for the proposed activity.
k.
Design for multiple use. A new communication tower shall be designed to accommodate additional antennae equal in number to applicant's present and reasonably anticipated future requirements.
l.
Safety codes. A communication tower shall comply with all applicable health, nuisance, noise, fire, building and safety code requirements.
m.
Distance from existing tower. A permit for a proposed communication tower site within 1,200 feet of an existing communication tower shall not be issued unless the applicant certifies that the existing communication tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.
n.
Setbacks. A communication tower (not including guy anchors) must be a minimum distance equal to one-half the height of such tower from property or districts designated historic or architecturally significant. Respective zoning district setbacks shall apply, except that in sites bordering residential uses, the bordering side of such sites shall observe setbacks equal to 150 percent of applicable district setbacks or a minimum of 50 feet.
o.
The permitted height of freestanding communication towers shall be 225 feet.
(11)
Permitted height of building mounted communications tower. 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.
(12)
Application requirements.
a.
Specifications. One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material.
b.
Site plan. A site plan drawn to scale showing property boundaries, communication tower location, communications 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 use on adjacent property. A site plan may be 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. Other equipment may be added to the communication tower without additional permits or inspections if electrical wiring is not required.
c.
Location map. A current map, or update for all existing maps on file, showing locations of proposed antennae, facilities, existing communication towers, and proposed communication towers, serving any property within the town.
d.
Antenna owners. Identification of the owners of all antennae and equipment to be located on the site.
e.
Owner's authorization. Written authorization from the site owner.
f.
Visual impact analysis. A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.
g.
Location alternatives. Satisfactory evidence shall be provided indicating the proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and technical design requirements without unreasonable modifications on any existing structure or tower under the control of applicant; and available publicly owned sites and available privately owned sites occupied by a compatible use are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.
h.
Indemnity. 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 municipality and proof of liability insurance to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipal attorney.
i.
Application fees. All applications for approval of a communication tower must be accompanied by a fee of $200.00 and, if applicable, any additional fees required by the municipality on applications for special exceptions or variance.
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) of this section shall be permitted within the I-1 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Tattoo parlors.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the I-1 zoning district shall be required to conform to the following standards:
(f)
Parking and loading. Uses permitted in the I-1 zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in I-1 zoning districts, including the conditions under which they may be located, are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential or commercial district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(i)
General and supplemental requirements. Uses permitted in I-1 zoning districts shall meet the standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(k)
External storage. Any external storage of inventory, parts, or machinery shall be established to the rear of the front line of the principal structure, provided that such storage shall be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(Ord. No. 2008-02, § 409, 6-2-2008; Ord. No. 2018-08, § 2, 6-4-2018)
90-125.1. PD, intent. The PD District is established to encourage innovative and creative design of residential and/or commercial developments and to permit a greater amount of flexibility to a developer by removing some of the restrictions of conventional zoning. Ideally, the development should be large scale and incorporate a variety of land uses or land use types. The district is also intended to encourage developments which provide a full range of residential types to serve the residents of the district.
The regulations should provide a mechanism to evaluate each application on its own merit. It is recognized that some concepts will be more appropriate than others and the approval of an application in one location does not necessarily indicate the development will be applicable in other locations. It should also be emphasized that these provisions are not to be used to circumvent the intent or use of conventional zoning classifications as set forth in this chapter.
90-125.2. Minimum site size. The minimum site size for any planned development is five acres.
90-125.3. Minimum lot area. No minimum lot area is required for any specific structure within a planned development.
90-125.4. Minimum lot width, minimum yard requirements, maximum lot coverage, maximum height of structures. No structure shall be erected within 25 feet from any external lot line of any planned development. Minimum lot width, minimum yard sizes, maximum lot coverage, and maximum height are not otherwise regulated within PD Districts provided, however, that the planning commission and town council shall ascertain that the characteristics of building siting shall be appropriate as related to structures within the planned development and otherwise fulfill the intent of this chapter.
90-125.5. Common open space and amenity requirements. Common open space or amenity areas shall be provided within all planned developments in order to enhance the living and working environment.
(a)
Open space areas are defined as areas serving any one of the following four basic functions:
(1)
Landscaping, screening, greenbelts, buffers, or similar areas which help define and delineate urban boundaries on a large scale (i.e. forest, water impoundment, open pasture);
(2)
Outdoor recreation (passive or active);
(3)
Conservation of areas with unique natural qualities or physical benefits which need protection or preservation from man-built developments; or
(4)
Agricultural production.
(b)
Open/amenity space shall be provided within the planned development based on the following:
(1)
Not more than 30 percent of the common open space may lie in a floodplain.
(2)
The required yards, parking areas, and buffers shall not be credited toward the minimum open space requirements.
(3)
The required open space and amenities shall be developed and landscaped in accordance with the approved land use and development plan prior to the issuance of more than 50 percent of the occupancy permits.
90-125.6. PD application and preliminary development plan approval.
(a)
Prior to submitting a PD application, the applicant is encouraged to meet with the planning commission for a preapplication conference to avoid undue delay in the review process after the application is submitted.
(b)
Applications for a planned development district shall include the following:
(1)
Preliminary development plan. The applicant shall submit a drawing of the proposed planned development which shall include the following:
a.
A boundary survey with vicinity map, title block, scale, and north arrow.
b.
Total number of acres of overall site.
c.
Location and number of acres of various areas by type of use (e.g., single-family detached, recreation, office, commercial, etc.).
d.
Number of units and density of various residential types, such number to represent the maximum number of units.
e.
Approximate square footage of nonresidential use and approximate number of bedrooms in each residential unit.
f.
Primary traffic circulation pattern, including major points of ingress and egress.
g.
Approximate number of parking spaces per use.
h.
An indication that an acceptable drainage system can be designed for the proposed project.
i.
Location and acreage of open spaces and amenities
j.
Flood hazard reduction information pursuant to chapter 42 of the Town of Williamston Town Code.
k.
Any such information or descriptions as may be deemed reasonably appropriate for review.
(2)
Statement of intent. The applicant shall submit three copies of a report setting forth the characteristics of the proposed planned development including the following:
a.
A description of the procedures of any proposed homeowners association or other group maintenance agreement.
b.
A statement setting forth the proposed development schedule.
c.
A statement of the public improvements both on- and off-site that are proposed for dedication and/or construction and an estimate of the timing for providing such improvements.
d.
A statement of impact on public facilities including water, sewer collection and treatment, fire protection, etc., and letters from the appropriate agencies or districts verifying that such facilities or services are available and adequate to serve the proposed planned development.
e.
A statement concerning the appearance, landscaping, screening, and maintenance of any proposed pond, lake, or retention pond contained in the development.
f.
Any such information or descriptions as may be deemed reasonably appropriate for review.
(c)
A public hearing shall be held in accordance with procedures set forth in chapter 90, article XIII.
(d)
The planning commission, at its next meeting following the public hearing, and the planning commission staff shall make a recommendation upon the proposed planned development which shall be advisory to town council.
(e)
The town council may, after fulfilling all applicable requirements of this section and all applicable requirements of chapter 90, article XIII, act to either approve, approve with modification, or disapprove the application for a planned development.
(f)
Following approval of a PD district, the official zoning map shall be amended to reflect such approval. Approval of a planned development district shall constitute authority for the applicant to submit a final development plan to the planning commission for approval in accordance with the provisions of chapter 74, article IX of the Williamston Land Development Regulations.
90-125.7. Subdivision plats. Approval of a concept plan and statement of intent shall constitute authority for the applicant to prepare subdivision plats if applicable in accordance with procedures set forth in the Williamston subdivision regulations, chapter 74 of the Williamston Town Code. No building permit or certificate of occupancy shall be issued until the planning commission has approved a final subdivision plat.
90-125.8. Final development plan. All final development plans in the planned development district will require a site plan review and approval by the Williamston planning commission. Site plan requirements and procedures for the planned development district are outlined in chapter 74, article IX of the Williamston Land Development Regulations.
90-125.9. Changes to planned development districts. Changes to a proposed planned development district or to an approved planned development district may be permitted in accordance with one of the following procedures as determined by the zoning administrator:
(a)
Major changes. Changes to a planned development district which would alter the basic concept and general characteristics of the planned development district may be approved by town council in accordance with the procedures established by chapter 74, article I of the Williamston Land Development Regulations. After approval of a major change by town council, approval of a final development plan showing such changes must be submitted to the planning commission in accordance with chapter 74, article IX of the Williamston Land Development Regulations. Examples of major changes may include, but are not limited to the following:
•
Boundary changes.
•
Decrease in open space.
•
Increase or decrease in number of access points.
•
Changes to more intensive land uses, e.g. residential to commercial.
•
Any change which the zoning administrator determines would significantly alter the character of the PD or be expected to have an adverse impact upon neighboring property owners.
(b)
Minor changes. Changes to a planned development district which are of a design nature and which do not alter the original concept or use characteristics of the planned development district may be approved by the planning commission staff provided that no minor change may be approved by the planning commission staff which is in conflict with specific conceptual considerations previously approved by town council. Examples of minor changes may include, but are not limited to the following:
(1)
Reductions in:
•
Density.
•
Signage.
•
Square footage.
(2)
Increases in:
•
Landscaping.
•
Open space.
•
Setbacks.
(3)
Minor changes to:
•
Landscaping.
•
Lighting.
•
Location of land uses.
•
Parking.
•
Signage.
•
Site plan.
(4)
Minor changes to allow:
•
Reorientation of structures.
•
Realignment of approved access.
•
More restrictive land uses, e.g. commercial to residential.
•
Shift in approved density from one area of PD to another.
90-125.10. Planned development status report. One year after final approval and each year thereafter, the zoning administrator shall present to town council's planning and public works committee a status report on the progress of the approved development.
(Ord. No. 2008-02, § 410, 6-2-2008; Ord. No. 2019-05, § 4, 7-8-2019; Ord. No. 2021-25, 10-4-2021)
(a)
Purpose. The Institutional District is primarily for public, governmental, educational, health, recreational, historical, and office uses.
(b)
Permitted uses. The following uses shall be permitted in the INS zoning district:
(1)
Property owned by any governmental entity.
(2)
Public utility including water tower, substation.
(3)
Law enforcement facilities, jails, prisons, correctional institutions, and secure facilities.
(4)
Schools and educational facilities.
(5)
Telephone, telegraph, radio, television services. (Except communications towers. See conditional uses.)
(6)
Property owned by any non-profit organization that is primarily used for the organization's non-profit purposes. Excluding transitional and supportive housing which fall under multi-family zoning with approval by special exception.
(7)
Museums, theatres, opera houses, auditoriums, chapels, lecture halls, art galleries, music halls, or other facilities related to the arts, music, or history.
(8)
Churches, synagogues, temples, or places of worship, including religious education buildings, parsonages or parish houses, off-street parking for members and visitors without pay, and related recreational facilities.
(9)
Rehabilitation centers (excluding transitional and supportive housing which fall under multi-family zoning with approval by special exception), skilled nursing facilities, care homes, and assisted-living facilities.
(10)
Hospitals, medical offices, and healthcare facilities.
(11)
Mental health and counseling facilities.
(12)
Funeral homes (excluding crematoria).
(13)
Sports or recreational fields, courts, courses, and facilities.
(14)
Parks, trails, greenspace, gardens, horticultural nurseries, farms, and agricultural areas.
(15)
General retail stores, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(16)
Wholesale trade, furniture, office, and medical equipment and supplies, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(17)
Professional offices including law, accounting, finance, insurance, and real estate offices.
(18)
Services to individuals, business, and government establishments, except car wash, automobile repair garage, and coin-operated machines.
(19)
Accessory use on same lot with principal use, as follows:
a.
Off-street parking or storage area for vehicles owned by members, customers or employees of business.
b.
Completely enclosed building for storage of supplies or merchandise for use in the principal business.
(20)
Restaurants (with or without drive-in window).
(21)
Food stores, including general grocers, produce stands, bakeries, and meat markets (without slaughtering on-site).
(22)
Food preparation establishments for off-premises delivery.
(c)
Conditional uses. The following uses shall be permitted in any INS zoning district subject to conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Combination of residential units with any use permitted herein, provided that all dwelling units have direct access to the outside of the structure. Parking provisions shall be complied with for each use. (Excluding transitional and supportive housing)
(2)
Animal hospital or animal boarding facility provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.
(3)
Cemetery, provided that such use:
a.
Consists of a site at least five acres in size;
b.
Includes no crematorium or dwelling unit other than for a caretaker and immediate family members;
c.
Has a front setback of at least 45 feet from the edge of the street right-of-way. If there is no established right-of-way, the setback shall be at least 70 feet from the centerline of the road.
(4)
Radio and television stations provided that the requirements for parking, loading, and unloading, conform to those for industrial buildings as set forth in article V of this chapter.
(5)
Off premises signs subject to article VI of this chapter.
(6)
Single-family residence meeting Southern Standard Building Code requirements, provided it is in existence at the time of the adoption of the ordinance from which this chapter is derived.
(7)
Multifamily residence, provided it is in existence at the time of the adoption of the ordinance from which this chapter is derived,
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) of this section shall be permitted within the INS zoning district. The following uses are expressly prohibited in order to improve ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Tattoo parlors.
(3)
Transitional and supportive housing.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the INS zoning district shall be required to conform to the following standards:
(f)
Parking and loading. Uses permitted in the INS zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in the INS zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter, shall be required along abutting property lines.
(i)
General and supplementary regulations. Uses permitted in the INS zoning district shall meet standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(Ord. No. 2017-18, 11-6-2017; Ord. No. 2023-15, 10-2-2023)
(a)
Purpose. This district is established to provide a high level of design quality, site amenities, and open space for light industry, warehouse distribution, research and development operations, and similar industrial uses with compatible operations within a park atmosphere. All of the uses shall be of a type or intensity that do not produce odors, smoke, fumes, noise, glare, heat or vibrations which are incompatible with other uses in the park or its surrounding land uses outside the industrial park. The physical and operational requirements of the use, including type of structure used and volume of heavy truck traffic generated, shall not have an adverse impact upon surrounding land uses. Regulations are directed toward protecting neighboring land uses from any of the potential nuisances associated with industrial uses.
(b)
Permitted uses. The following uses shall be permitted in the I-2 zoning district:
(1)
Business incubator centers.
(2)
Business and professional offices not principally dealing with the general public.
(3)
Light industry.
(4)
Research facilities and laboratories without outdoor storage or operations.
(5)
Schools—Technical, trade, vocational, and business.
(6)
Warehousing or storage of goods and materials within a wholly enclosed structure.
(c)
Conditional uses. The following uses shall be permitted in any I-2 zoning district subject to the conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Wholesale business outlet, provided that there is no open storage of junk or salvage materials of any type in conjunction with the operation.
(2)
Animal hospital and/or boarding facility, provided all boarding arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.
(3)
Truck terminal provided that paved acceleration and deceleration lanes of at least 12 feet in width and 100 feet in length, respectively, are furnished and maintained at every point where trucks enter or leave terminal sites located adjacent to major streets, provided no safety hazard or impediment to traffic movement is created on any road, and provided there is no open storage of junk or salvage materials in connection with the operation.
(4)
Off-premises signs subject to article VIII of this chapter.
(5)
Cellular towers. Conditions:
a.
Illumination. Communications towers shall be illuminated only as required by the Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA).
b.
Color. Communications towers shall not be painted unless otherwise provided for by state or federal regulations.
c.
Signs. A single sign, two square feet in size which includes the name of the company 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 is not used for a continuous one-year period shall be removed within 120 days. Companies must notify the town within 30 days if telecommunications cease operations at the tower or antenna. All structures, fencing, screening and other improvements must be removed and the site returned to its original condition at the company's expense.
e.
Security. A freestanding communication tower and associated structures shall be secured by a fence or masonry wall measuring at least eight feet in height.
f.
Landscaping. (As applied to communication towers this section supersedes article VII.) Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted with a maximum spacing of five feet around the immediate perimeter of the security fence surrounding the communication tower and associated structures. An appropriate plant material shall be evergreen and at least three-gallon container plants or 24 inches tall at the time of planting. The plants shall be of a quality and planted in accordance with the standards of the American Nurserymen Association that are indigenous or native to the county area. At least one row of evergreen trees with a minimum caliper of 1.75 inches at the time of planting shall be installed at a maximum spacing of 25 feet within a 50-foot radius of the communication tower.
g.
The owners and their agents shall be responsible for providing, protecting and maintaining all required landscape material in healthy condition, replacing unhealthy or dead plant materials within one year or by the next planting season, whichever comes first. Replacement material shall comply with the approved landscape plan.
h.
A certificate of occupancy shall not be issued until the required landscaping is completed. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides to the town a form of surety satisfactory to the town attorney and in an amount equal to 125 percent of the costs of the remaining plant materials and installation (with the costs agreed to by the zoning administrator). All required landscaping shall be installed and approved by the first planting season following issuance of the certificate of occupancy or bond will be forfeited to the town.
i.
Antenna capacity, wind load. The communication tower shall be designed to withstand winds in accordance with ANSI/ETA/TIA 22 (latest revision) standards. Certification from a structural engineer registered in South Carolina shall constitute proof that such standard has been met.
j.
License. The owners of a communication tower shall possess a valid FCC license for the proposed activity.
k.
Design for multiple use. A new communication tower shall be designed to accommodate additional antennae equal in number to applicant's present and reasonably anticipated future requirements.
l.
Safety codes. A communication tower shall comply with all applicable health, nuisance, noise, fire, building and safety code requirements.
m.
Distance from existing tower. A permit for a proposed communication tower site within 1,200 feet of an existing communication tower shall not be issued unless the applicant certifies that the existing communication tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.
n.
Setbacks. A communication tower (not including guy anchors) must be a minimum distance equal to one-half the height of such tower from property or districts designated historic or architecturally significant. Respective zoning district setbacks shall apply, except that in sites bordering residential uses, the bordering side of such sites shall observe setbacks equal to 150 percent of applicable district setbacks or a minimum of 50 feet.
o.
The permitted height of freestanding communication towers shall be 225 feet.
(6)
Permitted height of building mounted communications tower. 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)
Application requirements for cellular towers.
a.
Specifications. One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material.
b.
Site plan. A site plan drawn to scale showing property boundaries, communication tower location, communications 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 use on adjacent property. A site plan may be 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. Other equipment may be added to the communication tower without additional permits or inspections if electrical wiring is not required.
c.
Location map. A current map, or update for all existing maps on file, showing locations of proposed antennae, facilities, existing communication towers, and proposed communication towers, serving any property within the town.
d.
Antenna owners. Identification of the owners of all antennae and equipment to be located on the site.
e.
Owner's authorization. Written authorization from the site owner.
f.
Visual impact analysis. A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.
g.
Location alternatives. Satisfactory evidence shall be provided indicating the proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and technical design requirements without unreasonable modifications on any existing structure or tower under the control of applicant; and available publicly owned sites and available privately owned sites occupied by a compatible use are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.
h.
Indemnity. 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 municipality and proof of liability insurance to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipal attorney.
i.
Application fees. All applications for approval of a communication tower must be accompanied by a fee of $200.00 and, if applicable, any additional fees required by the municipality on applications for special exceptions or variance.
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) of this section shall be permitted within the I-2 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Tattoo parlors.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the I-2 zoning district shall be required to conform to the following standards:
(f)
Parking and loading. Uses permitted in the I-2 zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in I-2 zoning districts, including the conditions under which they may be located, are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential or commercial district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(i)
General and supplemental requirements. Uses permitted in I-2 zoning districts shall meet the standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(k)
External storage. Any external storage of inventory, parts, or machinery shall be established to the rear of the front line of the principal structure, provided that such storage shall be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(Ord. No. 2018-08, § 3, 6-4-2018)
(a)
Purpose. The purpose of the single-family residential (R-7) zone is to implement the low-density residential land use designation and policies of the comprehensive plan. The R-7 is intended to establish low density residential home sites where a minimum gross acreage of 7,000 square feet is available for each dwelling unit. To do this, the R-7 single-family residential zone regulates the construction of single-family homes on existing lots and provides design guidance for single-family residential subdivisions.
(b)
Permitted uses. The following uses and their accessory uses are permitted outright in an R-7 zone:
Any use, together with conditions attached thereto, permitted in R-1 and R-2 zoning.
(c)
Conditional uses. The following uses shall be permitted in the R-7 zoning district on a conditional basis, subject to conditions of this section and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"):
All conditional uses permitted in the R-1 and R-2 zoning district as shown in sections 90-116(c) and 90-117(c) shall be permitted in any R-7 zoning district on a conditional basis, subject to the conditions set forth in that section.
(d)
Special exceptions. The following uses shall be permitted in the R-7 zoning district as a special exception, subject to conditions of this article and section 90-280 ("Special exceptions"):
All special exceptions permitted in the R-1 and R-2 zoning district as shown in section 90-116(d) shall be permitted in any R-7 zoning district on a conditional basis, subject to the conditions set forth in that section.
(e)
Prohibited uses. No activity that does not fall within the parameters of section 90-118(b), (c), or (d) shall be permitted within the R-7 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the R-7 zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Parking and loading. Uses permitted in the R-7 zoning district shall meet standards set forth in article VI of this chapter.
(h)
Signs. Signs permitted in the R-7 zoning district, including the conditions under which they may be located, are set forth in article VII of this chapter.
(i)
Bufferyard requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(j)
General and supplementary regulations. Uses permitted in the R-7 zoning district shall meet standards set forth in article IX of this chapter.
(Ord. No. 2021-24, 10-4-2021)
- DISTRICT REGULATIONS
(a)
Purpose. The purpose of this district is to provide for low- to medium-density residential development, together with churches, schools, recreational facilities and accessory uses normally necessary and compatible with residential uses. Horticultural or agricultural uses are also provided for in such areas, but not including the keeping of poultry or livestock. This district is intended to provide a homogeneous and aesthetically harmonious development of single-family dwelling units in low-density neighborhoods on lots having an area of 20,000 square feet or more.
(b)
Permitted uses. The following uses shall be permitted in any R-1 zoning district:
(1)
Detached single-family dwellings, other than manufactured or mobile homes.
(2)
Church, synagogue, temple or place of worship including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreation facilities, kindergarten or preschool nursery, in permanent structures.
(3)
School, government building or facility.
(4)
Public park or playground, recreational facilities such as tennis court, ball field, swimming pool or golf course.
(c)
Conditional uses. The following uses shall be permitted in any R-1 zoning district on a conditional basis, subject to the conditions of this section and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Public utility substation or sub-installation including water towers, provided that:
a.
Such use is enclosed by a painted or chain link fence or wall at least six feet in height above the finished grade;
b.
There is neither office or commercial operation nor storage of vehicles or equipment on the premises; and
c.
A landscaped strip not less than five feet in width is planted and suitably maintained around the facility.
(2)
Cemetery, provided that such use:
a.
Consists of a site of at least two acres;
b.
Includes no crematorium or dwelling unit other than for a caretaker;
c.
Front yard setback is ten feet from street right-of-way line;
d.
Maintains a non-illuminated sign no greater than 30 square feet and ten feet in height.
(3)
Temporary contractor office and equipment shed, provided all the following conditions are met:
a.
Used in connection with construction on premises;
b.
Must not cause traffic congestion or nuisances;
c.
For a term up to one year; may be renewed once.
(4)
Customary home occupation in single-family dwelling, provided all the following conditions are met:
a.
Conducted inside dwelling by resident family members;
b.
Uses no more than 25 percent of total dwelling floor area or 50 percent of an accessory building;
c.
No change in exterior or appearance of dwelling;
d.
No outside display of products;
e.
No sale of products except those made on premises or consumables incidental to a services;
f.
Creates no health or safety hazard, noise, offense emission, traffic hazard, unsightly condition or nuisance;
g.
Activity is not visibly evident outside dwelling, except for a wall-mounted non-illuminated nameplate not over two square feet in area; and
h.
Meets off-street parking requirements.
(d)
Special exceptions. The following uses shall be permitted in the R-1 zoning district as a special exception, subject to the conditions of this article and section 90-280 ("Special exceptions"):
(1)
Clustered single-family development, provided the board of zoning appeals determines:
a.
Detached single-family units on minimum two-acre development parcel;
b.
Maximum density of three dwellings per acre;
c.
Lot requirements per house may be waived;
d.
Zero interior lot line setback may be allowed;
e.
Subdivision regulations are met;
f.
Adequate provisions for access and traffic safety;
g.
The use is compatible with the district.
(2)
Conversion of existing dwelling to multifamily provided the board of zoning appeals determines:
a.
Large dwelling (over 3,000 square feet in total area) existed prior to 1970, has little economic value or usefulness as a single-family dwelling or other conforming use;
b.
Minimum 25,000 square feet lot, plus 8,000 square feet for each dwelling over two;
c.
No enlargement of exterior change to building permitted;
d.
Not more than four dwelling units are permitted;
e.
The use is compatible with the district.
(3)
Private kindergarten or preschool nursery, provided that:
a.
Such uses meet the minimum standards set forth for such facilities by the state board of health;
b.
Such use is located on a lot not less than 20,000 square feet in area; and
c.
No structure on the lot is closer than 25 feet to any abutting residential property lines.
(4)
Tourist (guest) home. Conversion of existing dwelling to bed and breakfast inn provided the board of zoning appeals determines:
a.
All conditions for home occupation are met;
b.
No common or shared driveways are permitted;
c.
Adequate off-street parking is provided in approved areas;
d.
Maximum of five guest rooms;
e.
Guest rooms restricted to guest stay not exceeding 30 days;
f.
The use is compatible with the district.
(5)
Private kindergarten, preschool nursery, or day care provided the board of zoning appeals determines:
a.
Applicable state regulations are met;
b.
Minimum 20,000 square foot lot;
c.
Structures minimum of 25 feet from residential property;
d.
Conditions imposed for safety, traffic, impact on district;
e.
The use is compatible with the district.
(e)
Prohibited uses. No activity that does not fall within the parameters of subsection (b), (c), or (d) of this section shall be permitted within the R-1 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the R-1 zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Parking and loading. Uses permitted in the R-1 zoning district shall meet standards set forth in article VI of this chapter.
(h)
Signs. Signs permitted in the R-1 zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(i)
Bufferyard requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(j)
General and supplementary regulations. Uses permitted in the R-1 zoning district shall meet standards set forth in article IX of this chapter.
(Ord. No. 2008-02, § 401, 6-2-2008)
(a)
Purpose. The purpose of this district is to provide for single-family residential development on medium-size lots, together with churches, schools, recreational facilities and accessory uses normally necessary and compatible with residential uses in areas of urban character appropriate to such uses. This district is located to protect existing development and to provide for development of vacant land with appropriate uses.
(b)
Permitted uses. The following uses shall be permitted in any R-2 zoning district:
Any use, together with conditions attached thereto, permitted in R-1 zoning district.
(c)
Conditional uses. The following uses shall be permitted in the R-2 zoning district on a conditional basis, subject to conditions of this section and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"):
All conditional uses permitted in the R-1 zoning district as shown in section 90-116(c) shall be permitted in any R-2 zoning district on a conditional basis, subject to the conditions set forth in that section.
(d)
Special exceptions. The following uses shall be permitted in the R-2 zoning district as a special exception, subject to conditions of this article and section 90-280 ("Special exceptions"):
All special exceptions permitted in the R-1 zoning district as shown in section 490-116(d) shall be permitted in any R-2 zoning district on a conditional basis, subject to the conditions set forth in that section.
(e)
Prohibited uses. No activity that does not fall within the parameters of section 90-118(b), (c), or (d) shall be permitted within the R-2 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the R-2 zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Parking and loading. Uses permitted in the R-2 zoning district shall meet standards set forth in article VI of this chapter.
(h)
Signs. Signs permitted in the R-2 zoning district, including the conditions under which they may be located, are set forth in article VII of this chapter.
(i)
Bufferyard requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(j)
General and supplementary regulations. Uses permitted in the R-2 zoning district shall meet standards set forth in article IX of this chapter.
(Ord. No. 2008-02, § 402, 6-2-2008; Ord. No. 2017-01, § I, 2-6-2017)
(a)
Purpose. The purpose of this district is to provide for medium density residential development. Churches, schools, recreational facilities and accessory uses normally necessary and compatible with residential uses are provided for in the area.
(b)
Permitted uses. The following uses are permitted in any R-3 zoning district:
(1)
Any use, together with conditions attached thereto, permitted in R-2 zoning district.
(2)
Two-family, duplex and townhouses.
(c)
Conditional uses. The following uses shall be permitted in the R-3 zoning district subject to the conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"):
All conditional uses permitted in the R-2 district as shown in section 91-117(c) shall be permitted in any R-3 zoning district on a conditional basis, subject to the conditions set forth in that district.
(d)
Special exceptions. The following uses shall be permitted in the R-3 zoning district as a special exception, subject to conditions of this article and section 90-280 ("Special exceptions"):
(1)
All special exceptions permitted in the R-2 zoning district as shown in section 91-117(d) shall be permitted in any R-3 zoning district on a conditional basis, subject to the conditions set forth in that section.
(2)
Manufactured homes may be allowed as a special exception at the discretion of the planning commission in accordance with section 90-277.
(e)
Prohibited uses. No activity that does not fall within the parameters of section 90-119(b), (c), or (d) shall be permitted within the R-3 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the R-3 zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Parking and loading. Uses permitted in the R-3 zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(h)
Signs. Signs permitted in the R-3 zoning district, including the conditions under which they may be located, are set forth in article VII of this chapter.
(i)
Bufferyard requirements. Where townhouses or apartments abut the R-1 or R-2 district, or where a conditional use abuts any residential zone, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(j)
General and supplementary regulations. Uses permitted in the R-3 zoning district shall meet standards set forth in article IX of this chapter.
(Ord. No. 2008-02, § 403, 6-2-2008; Ord. No. 2016-20, § 2, 9-12-2016)
(a)
Purpose. This district is intended to accommodate high density residential development and a variety of housing types on small lots or in multi-household settings.
(b)
Permitted uses. The following uses are permitted in the MFR zoning district:
(1)
Any use, together with the conditions attached thereto, permitted in the R-3 zoning district;
(2)
Duplex, townhouses, and apartments;
(3)
Accessory use on same lot with principal use, as follows:
a.
Private garage for motor vehicles;
b.
Open parking area for two motor vehicles per dwelling unit, may be used for one commercial vehicle up to one ton in capacity per dwelling unit;
c.
Shed for storage or building or lot maintenance equipment;
d.
Private kennel for not more than three dogs or three cats, four months of age or older, with a minimum six-foot fence for exterior kennel;
e.
Private swimming pool, including deck, bathhouse or cabana, boat dock;
f.
Private garden greenhouse up to eight feet high; and
g.
Private tennis, outdoor recreation and picnic facilities.
(c)
Conditional uses. The following uses shall be permitted in any MFR zoning district subject to the conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"). All conditional uses permitted in the R-3 district as shown in section 90-118(c) shall be permitted in any zoning district on a conditional basis subject to the conditions set forth in that district.
(d)
Special exceptions. The following uses shall be permitted in the MFR zoning district as a special exception, subject to conditions of this article and section 90-280 ("Special exceptions"):
(1)
All special exceptions permitted in the R-3 zoning district as shown in section 90-117(d), shall be permitted in any R-3 zoning district on a conditional basis subject to the conditions set forth in that section.
(2)
Group housing, transitional or supportive housing, provided such facilities conform with any applicable requirements of the state, and provided plans for such facilities receive the written approval by the town's contracted permitting agency, and Fire Department prior to the issuance of any permits for construction and operation, copies of such approval to be attached to the building permit and to be retained in the files of the zoning administrator.
(e)
Prohibited uses. No activity that does not fall within the parameters of subsection (b), (c) or (d) of this section shall be permitted within the MFR zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(1)
Maximum density for multifamily developments. The maximum density for multifamily developments shall be 12 units per acre.
(2)
Maximum development and spacing of buildings. No more than 12 attached dwelling units shall be constructed or attached together in a continuous row, and no such row shall exceed 200 feet in length. Detached principal or accessory buildings shall not be placed closer than 25 feet from any other building.
(3)
Maximum impervious surface. The maximum impervious surface shall not exceed 60 percent of the project site.
(4)
Common open space requirements. Each townhouse or apartment project in an R-4 district shall have a minimum of 20 percent of the total site area reserved and improved as common open space subject to the conditions set forth in section 90-273.
(g)
Streets and access.
(1)
All private roadways within a multifamily development shall be paved with asphalt or concrete. The wearing surface for asphalt paving shall be 1.5 inches thick. If concrete is used, it should be a minimum of five inches thick and have expansion joints where it meets driveways, walkways or curbs.
(2)
All roadways which are not to be dedicated as public streets shall have a minimum travel width of 20 feet, exclusive of parking. Roads within a multifamily development which are to be dedicated as public streets shall conform to the criteria established for county roads in county ordinance number 28.
(3)
Access roads to a multifamily development shall be located at least 150 feet from any public street intersection. The number of entrances and/or exits shall not exceed the ratio of one per 150 feet of park frontage. Developments with less than 150 feet of frontage are only allowed one combination ingress and egress road.
(h)
Parking and loading. Uses permitted in the R-4 zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(i)
Signs. Signs permitted in the R-4 zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(j)
Buffer yard requirements. Where townhouses or apartments abut the R-1 or R-2 district, or where a conditional use abuts any residential zone, a buffer yard in compliance with article VIII of this chapter shall be required along abutting property lines.
(k)
General and supplementary regulations. Uses permitted in the R-4 zoning district shall meet standards set forth in article IX of this chapter.
(l)
Street planting strips. Except for single-family, duplex or fee simple townhouse structures, in all front setbacks a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(Ord. No. 2008-02, § 403, 6-2-2008; Ord. No. 2016-20, § 2, 9-12-2016; Ord. No. 2023-16, 10-2-2023)
Editor's note— Ord. No. 2019-05, § 4, adopted July 8, 2019, repealed § 90-120, which pertained to MHSD—manufactured home subdivision district and derived from Ord. No. 2008-02, adopted June 2, 2008.
(a)
Purpose. The purpose of this district is to permit concentrated development and redevelopment of businesses in the town center to more efficiently serve the community and its surrounding area.
(b)
Permitted uses. The following uses shall be permitted in the CC zoning district:
(1)
Telephone, telegraph, radio, television services (except communications towers. See conditional uses).
(2)
Public utility including water tower, substation.
(3)
Wholesale trade, furniture, office, and medical equipment and supplies.
(4)
Retail trade involving sale of merchandise on premises, except automobile service station. See special exceptions.
(5)
Finance, insurance, and real estate.
(6)
Church, synagogue, temple or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreational facilities.
(7)
Government building or facility, including postal facility.
(8)
Services to individuals, business, and government establishments, except car wash, automobile repair garage (see conditional uses and special exceptions), and coin-operated machines.
(9)
Accessory use on same lot with principal use, as follows:
a.
Off-street parking or storage area for vehicles owned by members, customers or employees of business.
b.
Completely enclosed building for storage of supplies or merchandise for use in the principal business.
(c)
Conditional uses. The following uses shall be permitted in any CC zoning district subject to conditions of this section and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"):
(1)
Garage for repair and serving of motor vehicles provided the following conditions are met:
a.
Operations are fully enclosed in the building.
b.
No open storage of wrecked vehicles or dismantled parts, or parts visible beyond premises.
(2)
Dwelling unit provided all following conditions are met:
a.
Dwelling unit must be on a level above the grade floor within a permitted principal use building.
b.
Dwelling units must have access to a street as required by building and fire codes.
(3)
Communications tower.
(4)
Temporary Christmas tree sales, on vacant lot for a period not to exceed 45 days.
(5)
Contractor's office and equipment shed, provided all following conditions are met:
a.
Used in connection with construction on premises.
b.
Must not cause traffic congestion or nuisance.
c.
For term up to one year; may be renewed once.
(d)
Special exceptions. The following uses shall be permitted in the CC zoning district as a special exception, subject to the conditions of this article and section 90-280 ("Special exceptions"):
(1)
Automobile service station, including limited sale of groceries, provided the board of appeals determines:
a.
The use is compatible with the district.
b.
Parking and service areas are separated from adjoining residential property by plating screen, fence or wall at least six feet high.
c.
No major repairs or vehicle sales conducted on premises.
d.
Adequate provisions are made for access and traffic safety.
e.
Conditions are imposed to protect adjacent property from adverse impact.
(2)
Car wash, either automatic or self-service, provided the board of appeals determines:
a.
The use is compatible with the district.
b.
Adequate spaces for vehicles awaiting entry are required; more than minimum may be required.
c.
The area is required to be adequately screened from adjoining residential property.
d.
Adequate provision are made for access and traffic safety.
e.
Hours or operation are limited to prevent late night noise.
(3)
Transportation terminals for bus and railroad services, provided the board of appeals determines:
a.
Repair facilities and truck terminals are not permitted.
b.
Adequate maneuvering and parking spaces are set.
c.
Adequate provisions are made for access and traffic safety.
d.
The area is adequately screened from residential areas.
e.
The use is compatible with the district.
(e)
Prohibited uses.
(1)
The following uses are prohibited in the CC zoning district:
No activity that does not fall within the parameters of subsections (2) and (4) of this section shall be permitted within the CC zoning district.
(2)
The following uses are expressly prohibited in order to increase ordinance clarity:
a.
Sexually oriented businesses.
b.
Cellular towers.
c.
Tattoo parlors.
(f)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the CC zoning district shall be required to conform to the following standards except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Signs. Signs permitted in the CC zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter, shall be required.
(i)
General and supplementary regulations. Uses permitted in the CC zoning district shall meet standards set forth in article IX of this chapter.
(j)
External storage. Any external storage of inventory, parts, or machinery shall be established to the rear of the front line of the principal structure and shall be completely enclosed by a solid fence or wall composed of treated wood or brick.
(k)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(Ord. No. 2008-02, § 406, 6-2-2008)
(a)
Purpose. This district is intended to permit residential development while also allowing property owners to meet the commercial and service needs generated by nearby residential areas. Goods and services normally available in this district are of the "convenience variety." The size of any such districts should relate to surrounding residential markets.
(b)
Permitted uses. The following uses shall be permitted in the RC zoning district:
(1)
Any use, together with the conditions attached thereto, permitted in the R-1 single-family residential district.
(2)
Telephone, telegraph, radio, television services, except communications towers: See conditional uses.
(3)
Public utility, including water tower, substation.
(4)
Wholesale trade, furniture, office, and medical equipment and supplies.
(5)
Retail trade involving sale of merchandise on premises, except automobile service station: See special exceptions.
(6)
Finance, insurance, and real estate.
(7)
Church, synagogue, temple or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreational facilities.
(8)
Government building or facility, including postal facility.
(9)
Services to individuals, business, and government establishments, except car wash, automobile repair garage (see conditional uses and special exceptions), and coin-operated machines.
(10)
Accessory use on same lot with principal use, as follows:
a.
Off-street parking or storage area for vehicles owned by members, customers or employees of business.
b.
Completely enclosed building for storage of supplies or merchandise for use in the principal business.
(11)
General retail stores, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(12)
Service businesses, including, but not limited to plumbers, electricians, small engine machine shops, repair services, and similar uses, provided all services take place within an enclosed building and any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure, and provided that such storage is completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(13)
Restaurants (with or without drive-in window).
(14)
Food stores, including general grocers, produce stands, bakeries, and meat markets (without slaughtering on-site).
(15)
Food preparation establishments for off-premises delivery.
(16)
Schools.
(17)
Care homes.
(18)
Funeral homes.
(19)
Miniature golf course and driving range.
(20)
Mini-warehouses.
(21)
Horticulture nurseries.
(c)
Conditional uses. The following uses shall be permitted in any RC zoning district on a conditional basis, subject to conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
All conditional uses permitted in the R-1 district as shown in section 96-116(c) shall be permitted in any RC district on a conditional basis subject to the conditions set forth for the district in which the conditional use is first listed.
(2)
Communication tower.
(3)
Temporary Christmas tree sales, on vacant lot for a period not to exceed 45 days.
(4)
Contractor's office and equipment shed provided all following conditions are met:
a.
Used in connection with construction on premises.
b.
Must not cause traffic congestion or nuisance.
c.
For term up to one year; may be renewed once.
(5)
Machine service or repair and automobile gas station, body shop, or garage, provided:
a.
There is no open storage of wrecked vehicles; dismantled parts, or parts visible beyond the premises;
b.
Such facilities shall be arranged so that all serving is conducted on the premises and out of the public right-of-way; and
c.
Gasoline pumps shall be no closer than 25 feet to the right-of-way line of the street and all fuel tanks shall be installed underground.
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) or (c) or this section shall be permitted within the RC zoning district. The following uses are expressly prohibited in order to improve ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the RC zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(f)
Parking and loading. Uses permitted in the RC zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in the RC zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard, in compliance with article VIII of this chapter, shall be required along abutting property lines. Where two residential properties abut no bufferyard shall be required.
(i)
General and supplementary regulations. Uses permitted in the RC zoning district shall meet standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs. Residential uses shall be exempt from this requirement.
(Ord. No. 2008-02, § 407, 6-2-2008; Ord. No. 2014-03, § 1, 4-7-2014; Ord. No. 2017-19, § 2, 11-6-2017; Ord. No. 2021-06, 4-5-2021)
Editor's note— Ord. No. 2014-03, § 2, adopted Apr. 7, 2014, provides: "Since it is now becoming common place for automobiles and other motor vehicles to use diesel fuel, the term 'gasoline' pumps shall also include diesel fuel pumps."
(a)
Purpose. The intent of this district is for commercial and service uses oriented primarily to serving the needs of persons who live or work in nearby areas. Commercial uses are intended to be relatively small in size and service area, primarily for office uses.
(b)
Permitted uses. The following uses shall be permitted in the OC zoning district:
(1)
Any use, together with the conditions permitted in the CC zoning district.
(2)
General retail stores, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(3)
Service businesses, including, but not limited to plumbers, electricians, small engine machine shops, repair services, and similar uses, provided all services take place within an enclosed building and any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure, and provided that such storage is completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(4)
Restaurants (with or without drive-in window).
(5)
Food stores, including general grocers, produce stands, bakeries, and meat markets (without slaughtering on-site).
(6)
Food preparation establishments for off-premises delivery.
(7)
Schools.
(8)
Care homes (excluding transitional and/or supportive housing).
(9)
Funeral homes.
(10)
Miniature golf course and driving range.
(11)
Mini-warehouses.
(12)
Horticulture nurseries.
(c)
Conditional uses. The following uses shall be permitted in any OC zoning district subject to conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Machine service or repair and automobile gas station, body shop, or garage, provided:
a.
There is no open storage of wrecked vehicles; dismantled parts, or parts visible beyond the premises;
b.
Such facilities shall be arranged so that all servicing is conducted on the premises and out of the public right-of-way; and
c.
Gasoline pumps shall be no closer than 25 feet to the right-of-way line of the street and all fuel tanks shall be installed underground.
(2)
Combination of residential units with any use permitted herein, provided that all dwelling units have direct access to the outside of the structure. Parking provisions shall be complied with for each use.
(3)
Car wash, provided an off-street paved parking area accommodating at least one-half of the hourly vehicle washing capacity for vehicles awaiting entrance to the washing process is suitably located and maintained on the premises. Such space shall contain at least 200 square feet per waiting vehicle and shall create no safety hazard or impediment to traffic movement by the operation of such an establishment.
(4)
Animal hospital or animal boarding facility provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.
(5)
Automobile, farm equipment, boat and/or recreational vehicle sales, open yard for the sale, rental, and/or storage of materials or equipment excluding junk or other salvage.
(6)
Hospitals or clinics, including any functions which relate directly to the operation of the hospitals or clinics and are contained within the confines of said hospital or clinic.
(7)
Truck terminal, provided paved acceleration and deceleration lanes are at least ten feet in width and 100 feet in length, respectively; are furnished and maintained where trucks enter at or leave terminal sites; and provided sites for such facilities have direct access to major streets.
(8)
Cemetery, provided that such use:
a.
Consists of a site at least five acres in size;
b.
Includes no crematorium or dwelling unit other than for a caretaker and immediate family members;
c.
Has a front setback of at least 45 feet from the edge of the street right-of-way. If there is no established right-of-way, the setback shall be at least 70 feet from the centerline of the road.
(9)
Radio and television stations provided that the requirements for parking, loading, and unloading, conform to those for industrial buildings as set forth in article V of this chapter.
(10)
Off premises signs subject to article VI of this chapter.
(11)
Single-family residence meeting Southern Standard Building Code requirements, provided it is in existence at the time of the adoption of the ordinance from which this chapter is derived.
(12)
Multifamily residence, provided it is in existence at the time of the adoption of the ordinance from which this chapter is derived.
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) or this section shall be permitted within the OC zoning district. The following uses are expressly prohibited in order to improve ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Tattoo parlors.
(3)
Transitional and/or supportive housing.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the OC zoning district shall be required to conform to the following standards:
(f)
Parking and loading. Uses permitted in the OC zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in the OC zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter, shall be required along abutting property lines.
(i)
General and supplementary regulations. Uses permitted in the OC zoning district shall meet standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(Ord. No. 2008-02, § 408, 6-2-2008; Ord. No. 2023-13, 10-2-2023)
(a)
Purpose. The intent of this district is to accommodate research and research related uses as well as limited industrial uses which are not significantly objectionable in terms of noise, odor, fumes, smoke, gas, dust, fire hazard, dangerous radiation, or other noxious conditions, and which are able to meet the performance standards established for this district.
(b)
Permitted uses. The following uses shall be permitted in the I-1 zoning district:
(1)
Any industrial use plus operation incidental to such use which involves manufacturing, processing, repair or assembly operations, or the storage and sale of heavy materials, products, or equipment, but not including junk or salvage yards or uses which may cause injurious or noxious noise, vibration, smoke, gas fumes, odor, dust, fire hazards, dangerous radiation or other similar conditions.
(2)
Research or experimental laboratory.
(3)
Agricultural farm.
(4)
Horticultural nursery.
(5)
Radio and/or television station and/or transmission tower.
(6)
Office building and/or offices for governmental, professional, or general purposes.
(7)
Commercial, trade, or vocational school.
(8)
Off-street commercial parking lot or garage, as well as off-street parking or storage area for customer, client, or employee-owned vehicles.
(9)
Hospitals and clinics.
(10)
Newspaper publishing plant.
(11)
Automobile, farm equipment, boat and/or recreational vehicle sales, open yard for the sale, rental, and/or storage of materials or equipment, excluding junk or other salvage.
(12)
Mini-warehouses.
(13)
Photographer.
(14)
Electrician.
(15)
Plumber.
(16)
Bulk storage of petroleum or chemical products.
(c)
Conditional uses. The following uses shall be permitted in any I-1 zoning district subject to the conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Warehouse or other storage facility, provided that there is no external storage of junk or salvage materials of any type in conjunction with the operation.
(2)
Wholesale business outlet, provided that there is no open storage of junk or salvage materials of any type in conjunction with the operation.
(3)
Automobile service station, provided that all fuel pumps are set back at least 25 feet from the right-of-way line of any street, provided all fuel tanks are installed underground, and provided that there is no open storage of junk or salvage materials in conjunction with the operation.
(4)
Animal hospital and/or boarding facility, provided all boarding arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.
(5)
Truck terminal provided that paved acceleration and deceleration lanes of at least 12 feet in width and 100 feet in length, respectively, are furnished and maintained at every point where trucks enter or leave terminal sites located adjacent to major streets, provided no safety hazard or impediment to traffic movement is created on any road, and provided there is no open storage of junk or salvage materials in connection with the operation.
(6)
Garage or shop for the repair and servicing of motor vehicles, equipment or machine parts, including electricians and plumbers, provided all open yard storage incidental to such an operation conforms to the provisions of section 90-123(j); and provided no objectionable sound, vibration, heat, glare, or electrical disturbance is created which is perceptible beyond the premises.
(7)
Any industrial use which may produce significant noise, vibrations, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other objectionable conditions, provided such objectionable condition does not constitute a nuisance to adjoining properties; provided such use is located at least 50 feet from any abutting property line; and provided such use is located on a site at least five acres in size, except that if such use borders a parcel zoned for residential usage, it shall be located at least 70 feet from such property line. A buffer area in compliance with article VIII of this chapter shall be required.
(8)
Open yard use for the sale, rental and/or storage of new, used or salvaged materials or equipment, provided that such use is conducted in such manner that it will be located on a site no less than one acre in size, and provided no burning of materials or products is conducted on the premises except by means approved by the fire chief for the town, and, in the case of external storage of used or salvaged materials and/or equipment, a buffer strip in compliance with article VIII of this chapter shall be required along all property lines.
(9)
Off-premises signs subject to article VIII of this chapter.
(10)
Cellular towers. Conditions:
a.
Illumination. Communications towers shall be illuminated only as required by the Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA).
b.
Color. Communications towers shall not be painted unless otherwise provided for by state or federal regulations.
c.
Signs. A single sign, two square feet in size which includes the name of the company 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 is not used for a continuous one-year period shall be removed within 120 days. Companies must notify the town within 30 days if telecommunications cease operations at the tower or antenna. All structures, fencing, screening and other improvements must be removed and the site returned to its original condition at the company's expense.
e.
Security. A freestanding communication tower and associated structures shall be secured by a fence or masonry wall measuring at least eight feet in height.
f.
Landscaping. (As applied to communication towers this section supersedes article VII.) Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted with a maximum spacing of five feet around the immediate perimeter of the security fence surrounding the communication tower and associated structures. An appropriate plant material shall be evergreen and at least three-gallon container plants or 24 inches tall at the time of planting. The plants shall be of a quality and planted in accordance with the standards of the American Nurserymen Association that are indigenous or native to the county area. At least one row of evergreen trees with a minimum caliper of 1.75 inches at the time of planting shall be installed at a maximum spacing of 25 feet within a 50-foot radius of the communication tower.
g.
The owners and their agents shall be responsible for providing, protecting and maintaining all required landscape material in healthy condition, replacing unhealthy or dead plant materials within one year or by the next planting season, whichever comes first. Replacement material shall comply with the approved landscape plan.
h.
A certificate of occupancy shall not be issued until the required landscaping is completed. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides to the town a form of surety satisfactory to the town attorney and in an amount equal to 125 percent of the costs of the remaining plant materials and installation (with the costs agreed to by the zoning administrator). All required landscaping shall be installed and approved by the first planting season following issuance of the certificate of occupancy or bond will be forfeited to the town.
i.
Antenna capacity, wind load. The communication tower shall be designed to withstand winds in accordance with ANSI/ETA/TIA 22 (latest revision) standards. Certification from a structural engineer registered in South Carolina shall constitute proof that such standard has been met.
j.
License. The owners of a communication tower shall possess a valid FCC license for the proposed activity.
k.
Design for multiple use. A new communication tower shall be designed to accommodate additional antennae equal in number to applicant's present and reasonably anticipated future requirements.
l.
Safety codes. A communication tower shall comply with all applicable health, nuisance, noise, fire, building and safety code requirements.
m.
Distance from existing tower. A permit for a proposed communication tower site within 1,200 feet of an existing communication tower shall not be issued unless the applicant certifies that the existing communication tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.
n.
Setbacks. A communication tower (not including guy anchors) must be a minimum distance equal to one-half the height of such tower from property or districts designated historic or architecturally significant. Respective zoning district setbacks shall apply, except that in sites bordering residential uses, the bordering side of such sites shall observe setbacks equal to 150 percent of applicable district setbacks or a minimum of 50 feet.
o.
The permitted height of freestanding communication towers shall be 225 feet.
(11)
Permitted height of building mounted communications tower. 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.
(12)
Application requirements.
a.
Specifications. One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material.
b.
Site plan. A site plan drawn to scale showing property boundaries, communication tower location, communications 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 use on adjacent property. A site plan may be 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. Other equipment may be added to the communication tower without additional permits or inspections if electrical wiring is not required.
c.
Location map. A current map, or update for all existing maps on file, showing locations of proposed antennae, facilities, existing communication towers, and proposed communication towers, serving any property within the town.
d.
Antenna owners. Identification of the owners of all antennae and equipment to be located on the site.
e.
Owner's authorization. Written authorization from the site owner.
f.
Visual impact analysis. A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.
g.
Location alternatives. Satisfactory evidence shall be provided indicating the proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and technical design requirements without unreasonable modifications on any existing structure or tower under the control of applicant; and available publicly owned sites and available privately owned sites occupied by a compatible use are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.
h.
Indemnity. 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 municipality and proof of liability insurance to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipal attorney.
i.
Application fees. All applications for approval of a communication tower must be accompanied by a fee of $200.00 and, if applicable, any additional fees required by the municipality on applications for special exceptions or variance.
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) of this section shall be permitted within the I-1 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Tattoo parlors.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the I-1 zoning district shall be required to conform to the following standards:
(f)
Parking and loading. Uses permitted in the I-1 zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in I-1 zoning districts, including the conditions under which they may be located, are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential or commercial district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(i)
General and supplemental requirements. Uses permitted in I-1 zoning districts shall meet the standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(k)
External storage. Any external storage of inventory, parts, or machinery shall be established to the rear of the front line of the principal structure, provided that such storage shall be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(Ord. No. 2008-02, § 409, 6-2-2008; Ord. No. 2018-08, § 2, 6-4-2018)
90-125.1. PD, intent. The PD District is established to encourage innovative and creative design of residential and/or commercial developments and to permit a greater amount of flexibility to a developer by removing some of the restrictions of conventional zoning. Ideally, the development should be large scale and incorporate a variety of land uses or land use types. The district is also intended to encourage developments which provide a full range of residential types to serve the residents of the district.
The regulations should provide a mechanism to evaluate each application on its own merit. It is recognized that some concepts will be more appropriate than others and the approval of an application in one location does not necessarily indicate the development will be applicable in other locations. It should also be emphasized that these provisions are not to be used to circumvent the intent or use of conventional zoning classifications as set forth in this chapter.
90-125.2. Minimum site size. The minimum site size for any planned development is five acres.
90-125.3. Minimum lot area. No minimum lot area is required for any specific structure within a planned development.
90-125.4. Minimum lot width, minimum yard requirements, maximum lot coverage, maximum height of structures. No structure shall be erected within 25 feet from any external lot line of any planned development. Minimum lot width, minimum yard sizes, maximum lot coverage, and maximum height are not otherwise regulated within PD Districts provided, however, that the planning commission and town council shall ascertain that the characteristics of building siting shall be appropriate as related to structures within the planned development and otherwise fulfill the intent of this chapter.
90-125.5. Common open space and amenity requirements. Common open space or amenity areas shall be provided within all planned developments in order to enhance the living and working environment.
(a)
Open space areas are defined as areas serving any one of the following four basic functions:
(1)
Landscaping, screening, greenbelts, buffers, or similar areas which help define and delineate urban boundaries on a large scale (i.e. forest, water impoundment, open pasture);
(2)
Outdoor recreation (passive or active);
(3)
Conservation of areas with unique natural qualities or physical benefits which need protection or preservation from man-built developments; or
(4)
Agricultural production.
(b)
Open/amenity space shall be provided within the planned development based on the following:
(1)
Not more than 30 percent of the common open space may lie in a floodplain.
(2)
The required yards, parking areas, and buffers shall not be credited toward the minimum open space requirements.
(3)
The required open space and amenities shall be developed and landscaped in accordance with the approved land use and development plan prior to the issuance of more than 50 percent of the occupancy permits.
90-125.6. PD application and preliminary development plan approval.
(a)
Prior to submitting a PD application, the applicant is encouraged to meet with the planning commission for a preapplication conference to avoid undue delay in the review process after the application is submitted.
(b)
Applications for a planned development district shall include the following:
(1)
Preliminary development plan. The applicant shall submit a drawing of the proposed planned development which shall include the following:
a.
A boundary survey with vicinity map, title block, scale, and north arrow.
b.
Total number of acres of overall site.
c.
Location and number of acres of various areas by type of use (e.g., single-family detached, recreation, office, commercial, etc.).
d.
Number of units and density of various residential types, such number to represent the maximum number of units.
e.
Approximate square footage of nonresidential use and approximate number of bedrooms in each residential unit.
f.
Primary traffic circulation pattern, including major points of ingress and egress.
g.
Approximate number of parking spaces per use.
h.
An indication that an acceptable drainage system can be designed for the proposed project.
i.
Location and acreage of open spaces and amenities
j.
Flood hazard reduction information pursuant to chapter 42 of the Town of Williamston Town Code.
k.
Any such information or descriptions as may be deemed reasonably appropriate for review.
(2)
Statement of intent. The applicant shall submit three copies of a report setting forth the characteristics of the proposed planned development including the following:
a.
A description of the procedures of any proposed homeowners association or other group maintenance agreement.
b.
A statement setting forth the proposed development schedule.
c.
A statement of the public improvements both on- and off-site that are proposed for dedication and/or construction and an estimate of the timing for providing such improvements.
d.
A statement of impact on public facilities including water, sewer collection and treatment, fire protection, etc., and letters from the appropriate agencies or districts verifying that such facilities or services are available and adequate to serve the proposed planned development.
e.
A statement concerning the appearance, landscaping, screening, and maintenance of any proposed pond, lake, or retention pond contained in the development.
f.
Any such information or descriptions as may be deemed reasonably appropriate for review.
(c)
A public hearing shall be held in accordance with procedures set forth in chapter 90, article XIII.
(d)
The planning commission, at its next meeting following the public hearing, and the planning commission staff shall make a recommendation upon the proposed planned development which shall be advisory to town council.
(e)
The town council may, after fulfilling all applicable requirements of this section and all applicable requirements of chapter 90, article XIII, act to either approve, approve with modification, or disapprove the application for a planned development.
(f)
Following approval of a PD district, the official zoning map shall be amended to reflect such approval. Approval of a planned development district shall constitute authority for the applicant to submit a final development plan to the planning commission for approval in accordance with the provisions of chapter 74, article IX of the Williamston Land Development Regulations.
90-125.7. Subdivision plats. Approval of a concept plan and statement of intent shall constitute authority for the applicant to prepare subdivision plats if applicable in accordance with procedures set forth in the Williamston subdivision regulations, chapter 74 of the Williamston Town Code. No building permit or certificate of occupancy shall be issued until the planning commission has approved a final subdivision plat.
90-125.8. Final development plan. All final development plans in the planned development district will require a site plan review and approval by the Williamston planning commission. Site plan requirements and procedures for the planned development district are outlined in chapter 74, article IX of the Williamston Land Development Regulations.
90-125.9. Changes to planned development districts. Changes to a proposed planned development district or to an approved planned development district may be permitted in accordance with one of the following procedures as determined by the zoning administrator:
(a)
Major changes. Changes to a planned development district which would alter the basic concept and general characteristics of the planned development district may be approved by town council in accordance with the procedures established by chapter 74, article I of the Williamston Land Development Regulations. After approval of a major change by town council, approval of a final development plan showing such changes must be submitted to the planning commission in accordance with chapter 74, article IX of the Williamston Land Development Regulations. Examples of major changes may include, but are not limited to the following:
•
Boundary changes.
•
Decrease in open space.
•
Increase or decrease in number of access points.
•
Changes to more intensive land uses, e.g. residential to commercial.
•
Any change which the zoning administrator determines would significantly alter the character of the PD or be expected to have an adverse impact upon neighboring property owners.
(b)
Minor changes. Changes to a planned development district which are of a design nature and which do not alter the original concept or use characteristics of the planned development district may be approved by the planning commission staff provided that no minor change may be approved by the planning commission staff which is in conflict with specific conceptual considerations previously approved by town council. Examples of minor changes may include, but are not limited to the following:
(1)
Reductions in:
•
Density.
•
Signage.
•
Square footage.
(2)
Increases in:
•
Landscaping.
•
Open space.
•
Setbacks.
(3)
Minor changes to:
•
Landscaping.
•
Lighting.
•
Location of land uses.
•
Parking.
•
Signage.
•
Site plan.
(4)
Minor changes to allow:
•
Reorientation of structures.
•
Realignment of approved access.
•
More restrictive land uses, e.g. commercial to residential.
•
Shift in approved density from one area of PD to another.
90-125.10. Planned development status report. One year after final approval and each year thereafter, the zoning administrator shall present to town council's planning and public works committee a status report on the progress of the approved development.
(Ord. No. 2008-02, § 410, 6-2-2008; Ord. No. 2019-05, § 4, 7-8-2019; Ord. No. 2021-25, 10-4-2021)
(a)
Purpose. The Institutional District is primarily for public, governmental, educational, health, recreational, historical, and office uses.
(b)
Permitted uses. The following uses shall be permitted in the INS zoning district:
(1)
Property owned by any governmental entity.
(2)
Public utility including water tower, substation.
(3)
Law enforcement facilities, jails, prisons, correctional institutions, and secure facilities.
(4)
Schools and educational facilities.
(5)
Telephone, telegraph, radio, television services. (Except communications towers. See conditional uses.)
(6)
Property owned by any non-profit organization that is primarily used for the organization's non-profit purposes. Excluding transitional and supportive housing which fall under multi-family zoning with approval by special exception.
(7)
Museums, theatres, opera houses, auditoriums, chapels, lecture halls, art galleries, music halls, or other facilities related to the arts, music, or history.
(8)
Churches, synagogues, temples, or places of worship, including religious education buildings, parsonages or parish houses, off-street parking for members and visitors without pay, and related recreational facilities.
(9)
Rehabilitation centers (excluding transitional and supportive housing which fall under multi-family zoning with approval by special exception), skilled nursing facilities, care homes, and assisted-living facilities.
(10)
Hospitals, medical offices, and healthcare facilities.
(11)
Mental health and counseling facilities.
(12)
Funeral homes (excluding crematoria).
(13)
Sports or recreational fields, courts, courses, and facilities.
(14)
Parks, trails, greenspace, gardens, horticultural nurseries, farms, and agricultural areas.
(15)
General retail stores, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(16)
Wholesale trade, furniture, office, and medical equipment and supplies, provided that any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(17)
Professional offices including law, accounting, finance, insurance, and real estate offices.
(18)
Services to individuals, business, and government establishments, except car wash, automobile repair garage, and coin-operated machines.
(19)
Accessory use on same lot with principal use, as follows:
a.
Off-street parking or storage area for vehicles owned by members, customers or employees of business.
b.
Completely enclosed building for storage of supplies or merchandise for use in the principal business.
(20)
Restaurants (with or without drive-in window).
(21)
Food stores, including general grocers, produce stands, bakeries, and meat markets (without slaughtering on-site).
(22)
Food preparation establishments for off-premises delivery.
(c)
Conditional uses. The following uses shall be permitted in any INS zoning district subject to conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Combination of residential units with any use permitted herein, provided that all dwelling units have direct access to the outside of the structure. Parking provisions shall be complied with for each use. (Excluding transitional and supportive housing)
(2)
Animal hospital or animal boarding facility provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.
(3)
Cemetery, provided that such use:
a.
Consists of a site at least five acres in size;
b.
Includes no crematorium or dwelling unit other than for a caretaker and immediate family members;
c.
Has a front setback of at least 45 feet from the edge of the street right-of-way. If there is no established right-of-way, the setback shall be at least 70 feet from the centerline of the road.
(4)
Radio and television stations provided that the requirements for parking, loading, and unloading, conform to those for industrial buildings as set forth in article V of this chapter.
(5)
Off premises signs subject to article VI of this chapter.
(6)
Single-family residence meeting Southern Standard Building Code requirements, provided it is in existence at the time of the adoption of the ordinance from which this chapter is derived.
(7)
Multifamily residence, provided it is in existence at the time of the adoption of the ordinance from which this chapter is derived,
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) of this section shall be permitted within the INS zoning district. The following uses are expressly prohibited in order to improve ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Tattoo parlors.
(3)
Transitional and supportive housing.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the INS zoning district shall be required to conform to the following standards:
(f)
Parking and loading. Uses permitted in the INS zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in the INS zoning district, including the conditions under which they may be located are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter, shall be required along abutting property lines.
(i)
General and supplementary regulations. Uses permitted in the INS zoning district shall meet standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(Ord. No. 2017-18, 11-6-2017; Ord. No. 2023-15, 10-2-2023)
(a)
Purpose. This district is established to provide a high level of design quality, site amenities, and open space for light industry, warehouse distribution, research and development operations, and similar industrial uses with compatible operations within a park atmosphere. All of the uses shall be of a type or intensity that do not produce odors, smoke, fumes, noise, glare, heat or vibrations which are incompatible with other uses in the park or its surrounding land uses outside the industrial park. The physical and operational requirements of the use, including type of structure used and volume of heavy truck traffic generated, shall not have an adverse impact upon surrounding land uses. Regulations are directed toward protecting neighboring land uses from any of the potential nuisances associated with industrial uses.
(b)
Permitted uses. The following uses shall be permitted in the I-2 zoning district:
(1)
Business incubator centers.
(2)
Business and professional offices not principally dealing with the general public.
(3)
Light industry.
(4)
Research facilities and laboratories without outdoor storage or operations.
(5)
Schools—Technical, trade, vocational, and business.
(6)
Warehousing or storage of goods and materials within a wholly enclosed structure.
(c)
Conditional uses. The following uses shall be permitted in any I-2 zoning district subject to the conditions of this section, unless otherwise noted, and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses").
(1)
Wholesale business outlet, provided that there is no open storage of junk or salvage materials of any type in conjunction with the operation.
(2)
Animal hospital and/or boarding facility, provided all boarding arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.
(3)
Truck terminal provided that paved acceleration and deceleration lanes of at least 12 feet in width and 100 feet in length, respectively, are furnished and maintained at every point where trucks enter or leave terminal sites located adjacent to major streets, provided no safety hazard or impediment to traffic movement is created on any road, and provided there is no open storage of junk or salvage materials in connection with the operation.
(4)
Off-premises signs subject to article VIII of this chapter.
(5)
Cellular towers. Conditions:
a.
Illumination. Communications towers shall be illuminated only as required by the Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA).
b.
Color. Communications towers shall not be painted unless otherwise provided for by state or federal regulations.
c.
Signs. A single sign, two square feet in size which includes the name of the company 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 is not used for a continuous one-year period shall be removed within 120 days. Companies must notify the town within 30 days if telecommunications cease operations at the tower or antenna. All structures, fencing, screening and other improvements must be removed and the site returned to its original condition at the company's expense.
e.
Security. A freestanding communication tower and associated structures shall be secured by a fence or masonry wall measuring at least eight feet in height.
f.
Landscaping. (As applied to communication towers this section supersedes article VII.) Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted with a maximum spacing of five feet around the immediate perimeter of the security fence surrounding the communication tower and associated structures. An appropriate plant material shall be evergreen and at least three-gallon container plants or 24 inches tall at the time of planting. The plants shall be of a quality and planted in accordance with the standards of the American Nurserymen Association that are indigenous or native to the county area. At least one row of evergreen trees with a minimum caliper of 1.75 inches at the time of planting shall be installed at a maximum spacing of 25 feet within a 50-foot radius of the communication tower.
g.
The owners and their agents shall be responsible for providing, protecting and maintaining all required landscape material in healthy condition, replacing unhealthy or dead plant materials within one year or by the next planting season, whichever comes first. Replacement material shall comply with the approved landscape plan.
h.
A certificate of occupancy shall not be issued until the required landscaping is completed. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides to the town a form of surety satisfactory to the town attorney and in an amount equal to 125 percent of the costs of the remaining plant materials and installation (with the costs agreed to by the zoning administrator). All required landscaping shall be installed and approved by the first planting season following issuance of the certificate of occupancy or bond will be forfeited to the town.
i.
Antenna capacity, wind load. The communication tower shall be designed to withstand winds in accordance with ANSI/ETA/TIA 22 (latest revision) standards. Certification from a structural engineer registered in South Carolina shall constitute proof that such standard has been met.
j.
License. The owners of a communication tower shall possess a valid FCC license for the proposed activity.
k.
Design for multiple use. A new communication tower shall be designed to accommodate additional antennae equal in number to applicant's present and reasonably anticipated future requirements.
l.
Safety codes. A communication tower shall comply with all applicable health, nuisance, noise, fire, building and safety code requirements.
m.
Distance from existing tower. A permit for a proposed communication tower site within 1,200 feet of an existing communication tower shall not be issued unless the applicant certifies that the existing communication tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.
n.
Setbacks. A communication tower (not including guy anchors) must be a minimum distance equal to one-half the height of such tower from property or districts designated historic or architecturally significant. Respective zoning district setbacks shall apply, except that in sites bordering residential uses, the bordering side of such sites shall observe setbacks equal to 150 percent of applicable district setbacks or a minimum of 50 feet.
o.
The permitted height of freestanding communication towers shall be 225 feet.
(6)
Permitted height of building mounted communications tower. 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)
Application requirements for cellular towers.
a.
Specifications. One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material.
b.
Site plan. A site plan drawn to scale showing property boundaries, communication tower location, communications 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 use on adjacent property. A site plan may be 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. Other equipment may be added to the communication tower without additional permits or inspections if electrical wiring is not required.
c.
Location map. A current map, or update for all existing maps on file, showing locations of proposed antennae, facilities, existing communication towers, and proposed communication towers, serving any property within the town.
d.
Antenna owners. Identification of the owners of all antennae and equipment to be located on the site.
e.
Owner's authorization. Written authorization from the site owner.
f.
Visual impact analysis. A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.
g.
Location alternatives. Satisfactory evidence shall be provided indicating the proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and technical design requirements without unreasonable modifications on any existing structure or tower under the control of applicant; and available publicly owned sites and available privately owned sites occupied by a compatible use are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.
h.
Indemnity. 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 municipality and proof of liability insurance to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipal attorney.
i.
Application fees. All applications for approval of a communication tower must be accompanied by a fee of $200.00 and, if applicable, any additional fees required by the municipality on applications for special exceptions or variance.
(d)
Prohibited uses. All activities expressly permitted within the parameters of subsection (b) of this section shall be permitted within the I-2 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Tattoo parlors.
(e)
Dimensional requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in the I-2 zoning district shall be required to conform to the following standards:
(f)
Parking and loading. Uses permitted in the I-2 zoning district shall meet the parking and loading standards set forth in article VI of this chapter.
(g)
Signs. Signs permitted in I-2 zoning districts, including the conditions under which they may be located, are set forth in article VII of this chapter.
(h)
Bufferyard requirements. Where this district abuts any residential or commercial district not separated by a street right-of-way, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(i)
General and supplemental requirements. Uses permitted in I-2 zoning districts shall meet the standards set forth in article IX of this chapter.
(j)
Street planting strips. In all front setbacks, a strip not less than six feet in width shall be provided along the street line on the property, which shall be planted and maintained in grass with street trees or in shrub planting or as may be required in approval of the site plans. Signs shall not be erected in this area with the exception of official traffic and regulatory signs.
(k)
External storage. Any external storage of inventory, parts, or machinery shall be established to the rear of the front line of the principal structure, provided that such storage shall be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.
(Ord. No. 2018-08, § 3, 6-4-2018)
(a)
Purpose. The purpose of the single-family residential (R-7) zone is to implement the low-density residential land use designation and policies of the comprehensive plan. The R-7 is intended to establish low density residential home sites where a minimum gross acreage of 7,000 square feet is available for each dwelling unit. To do this, the R-7 single-family residential zone regulates the construction of single-family homes on existing lots and provides design guidance for single-family residential subdivisions.
(b)
Permitted uses. The following uses and their accessory uses are permitted outright in an R-7 zone:
Any use, together with conditions attached thereto, permitted in R-1 and R-2 zoning.
(c)
Conditional uses. The following uses shall be permitted in the R-7 zoning district on a conditional basis, subject to conditions of this section and sections 90-278 ("Uses not expressly permitted or conditional") and 90-279 ("Conditional uses"):
All conditional uses permitted in the R-1 and R-2 zoning district as shown in sections 90-116(c) and 90-117(c) shall be permitted in any R-7 zoning district on a conditional basis, subject to the conditions set forth in that section.
(d)
Special exceptions. The following uses shall be permitted in the R-7 zoning district as a special exception, subject to conditions of this article and section 90-280 ("Special exceptions"):
All special exceptions permitted in the R-1 and R-2 zoning district as shown in section 90-116(d) shall be permitted in any R-7 zoning district on a conditional basis, subject to the conditions set forth in that section.
(e)
Prohibited uses. No activity that does not fall within the parameters of section 90-118(b), (c), or (d) shall be permitted within the R-7 zoning district. The following uses are expressly prohibited in order to increase ordinance clarity:
(1)
Sexually oriented businesses.
(2)
Cellular towers.
(3)
Tattoo parlors.
(f)
Dimensional requirements. Uses permitted in the R-7 zoning district shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of the ordinance from which this chapter is derived may be subject to the relief provided in section 90-86.
(g)
Parking and loading. Uses permitted in the R-7 zoning district shall meet standards set forth in article VI of this chapter.
(h)
Signs. Signs permitted in the R-7 zoning district, including the conditions under which they may be located, are set forth in article VII of this chapter.
(i)
Bufferyard requirements. Where a conditional use borders any residential zone, a bufferyard in compliance with article VIII of this chapter shall be required along abutting property lines.
(j)
General and supplementary regulations. Uses permitted in the R-7 zoning district shall meet standards set forth in article IX of this chapter.
(Ord. No. 2021-24, 10-4-2021)