GENERAL AND SUPPLEMENTARY PROVISIONS
(a)
Due to the unique nature of certain public service uses and the need to locate such uses in certain areas of the town irrespective of prevailing district regulations, the following list of uses may be established in any zoning district in the town, provided such uses meet all dimensional requirements of the district within which they will be located:
(1)
Post office.
(2)
Police and fire stations, and other municipal buildings.
(3)
Telephone exchange and repeater stations.
(4)
Radio and TV station masts.
(b)
Bufferyards. Post offices, police, fire and telephone exchanges and repeater stations shall observe the bufferyard requirements for office buildings in table 3, table of bufferyard requirements; all other uses shall observe the bufferyard requirements for research and industrial or institutional uses as determined by the zoning administrator.
(c)
Public hearing.
(1)
Prior to the granting of a building permit for any of the above-listed uses in a residential district or within 200 feet of a residential district, the board of zoning appeals shall hold a public hearing on the matter, of which at least 15 days' notice of time and place shall be published in a newspaper of general circulation in the town.
(2)
Based on the hearing and the expected impact of such uses on contiguous uses and conditions, the board of zoning appeals may elect to deny such request in favor of a more acceptable site elsewhere.
(Ord. No. 2008-02, §§ 801.1, 801.2, 6-2-2008)
All uses must satisfactorily comply with the requirements of the state board of health and the county board of health regarding the protection of waterways and air from pollution by dust, smoke, or other waste materials.
(Ord. No. 2008-02, § 802, 6-2-2008)
Except as herein provided, no building shall be erected, constructed, moved, or relocated on a lot not located on a publicly accepted, or publicly maintained street with a right-of-way of not less than 30 feet.
(Ord. No. 2008-02, § 803, 6-2-2008)
The required front, side, and rear setbacks for individual lots, as set forth for the particular zoning district within which a given lot is located, shall be measured inward toward the center of said lot from all points along the respective front, side, and rear property lines of the lot. Once the setback areas of a given lot have been established, the remaining area of the lot which is not included in any required front, side, or rear lot shall be known as the "buildable area."
(Ord. No. 2008-02, § 804, 6-2-2008)
Every building or use hereafter erected or established shall be located on a lot of record and every one- and two-family residential structure, except as herein provided, shall be located on an individual lot of record. In all cases, the principal buildings on a lot shall be located within the area formed by the building lines at outer boundaries, and in no case shall such buildings infringe beyond the building lines into the respective front, side, or rear yard setbacks or any other setback requirements for the district in which the lot is located except as provided for in section 90-267.
(Ord. No. 2008-02, § 805, 6-2-2008)
On lots having frontage on more than one street at an intersection, the minimum street side setback requirement shall be equal to the minimum front yard setback.
(Ord. No. 2008-02, § 806, 6-2-2008)
On lots having frontage on two streets, but not located on a corner, the minimum front setback shall be provided on each street in accordance with the provisions of this chapter. On lots having frontage on more than two streets, the minimum front setback shall be provided in accordance with the regulations set forth in this chapter on all of the street frontages.
(Ord. No. 2008-02, § 807, 6-2-2008)
The setback requirements of this chapter shall not apply to any lot where the average setback on already built-upon lots, located wholly or in part within 100 feet of each such lot and within the block and zoning district fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on such a lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots. However, in no case shall setbacks be less than 15 feet.
(Ord. No. 2008-02, § 808, 6-2-2008)
In all zoning districts established by this chapter, except the CC district, no fence, wall terrace, sign, shrubbery, planting or other structure or object capable of obstructing driver vision between the heights of three and ten feet above the finished street level shall not be permitted on a corner lot within 25 feet of the point formed by the intersection of the street right-of-way lines (or such lines extended in case of a rounded corner) which bound said lot.
(Ord. No. 2008-02, § 809, 6-2-2008)
At the intersection of any private drive or entrance or exit with a public street, no fence, wall, hedge, or other planting or sign forming a material impediment to visibility between a height of 2½ feet and seven feet shall be erected, planted, placed or maintained within 15 feet of the intersection.
(Ord. No. 2008-02, § 810, 6-2-2008)
In all front yards in the RC, CC, OC, I, and I districts, a planting strip not less than six feet wide shall be provided along the street line on the property, which shall be planted and maintained in grass or other suitable ground cover with street trees or in shrub planting or as may be required in approval of the site plans. This is only required in the CC district if there is a front yard.
(Ord. No. 2008-02, § 811, 6-2-2008; Ord. No. 2017-19, § 5, 11-6-2017)
The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, soils, chimneys, smokestacks, conveyors, flag poles, masts and aerials, provided evidence from appropriate authorities is submitted to the effect that such building or structure will not interfere with any airport approach zones or flight patterns.
(Ord. No. 2008-02, § 812, 6-2-2008)
Any recreational facilities when adjacent to lots which are zoned or used for residential purposes shall comply with the following standards:
(1)
They shall not be closer than 50 feet from the property line.
(2)
No lighting used in connection with such activities shall be closer than 50 feet from the property line.
(Ord. No. 2008-02, § 813, 6-2-2008)
Common open space is land or water bodies used for recreational amenity. It shall be freely accessible to all residents of a development where required by this chapter. It shall not be occupied by buildings or structures, roads, parking or road right-of-way. Required open space shall not include setbacks or lots of residential units required to meet minimum lot area or parking requirements.
(Ord. No. 2008-02, § 814, 6-2-2008)
No major recreational equipment shall be stored on any lot in a residential or CC district nearer to the street than the principal building of the lot fronting on that street; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. The parking of such equipment shall be in observance of all setback, yard, and other requirements set forth within the district in which they are located. No such equipment shall be used for living, sleeping, housekeeping purposes when parked or stored anywhere in town limits. No such equipment shall be parked in any location not approved for such use. No recreational vehicle over 30 feet in length shall be parked on any lot zoned for residential purposes. No major recreational equipment parked or stored anywhere in town limits shall be connected to water, sewage, or a septic tank. No major recreational equipment parked or stored anywhere in town limits shall display any visible appendages including, but not limited to, steps, porches, or decks.
(Ord. No. 2008-02, § 815, 6-2-2008; Ord. No. 2021-07, 4-5-2021)
(a)
It shall be unlawful for any person, partnership, corporation, or other legal entity to permit, park or store a truck, automotive vehicle or trailer of any kind or type on any residentially zoned property within the municipal corporate limits (except within a completely enclosed building or covered with a factory-made car cover):
(1)
That is not operable;
(2)
That does not display a lawful and current license tag;
(3)
That does not have current liability insurance thereon.
(b)
This chapter excludes bona fide classic automobiles which are currently undergoing restoration, and which are covered with factory-made automobile covers, and trailers not required by law to display a license tag.
(c)
If in violation of this chapter, written notice shall be submitted to the owner or permittee of the parked or stored vehicle that such vehicle shall be removed within 30 days from the date of such notice or be subject to the penalties detailed in section 90-337. This section shall be enforced by the town police department.
(Ord. No. 2008-02, § 816, 6-2-2008)
It is hereby found that automobile graveyards and junkyards are inherently dangerous and a nuisance and should be prohibited. In addition, existing junkyards should be regulated and shall be subject to the following additional standards: No person shall establish, operate, or maintain a junkyard, any portion of which is visible from an adjacent property or street right-of-way unless it is screened by natural objects, plantings, fences, or other means approved by the board of zoning appeals (BZA).
(Ord. No. 2008-02, § 817, 6-2-2008)
Manufactured homes may be allowed in R-3 and MFR, zoning districts as special exceptions in the discretion of the planning commission. Any person or entity desiring to put a mobile home in one of the aforementioned zoning districts shall make application to the planning commission on a form approved and promulgated by the planning commission, and provide any other documents requested by the planning commission. The planning commission shall approve or deny each application by public vote at a public meeting.
No certificate of occupancy shall be issued for any mobile home originally brought into the town or relocated within the town subsequent to the adoption of the ordinance from which this chapter is derived unless said mobile home is approved by the planning commission and a certificate of zoning compliance has been issued by the zoning administrator to certify that the mobile home is in full compliance with this chapter. Relocation of a mobile home from one lot to another is prohibited. The planning commission may, but shall not be required to, approve an application for a manufactured home that meets the following standards:
(1)
All mobile homes subject to this chapter shall meet or exceed the most current construction standards promulgated by the U.S. Department of Housing and Urban Development, as well as the South Carolina Manufactured Housing Board, including, but not limited to:
a.
A permanent landing and steps with handrails are required for each outside doorway. The structure must include steps which lead to ground level. The landing, handrails, and steps must meet the requirements below:
1.
A minimum four-foot by four-foot landing shall be required outside of each exit door.
2.
The landing shall not be more than eight and one-half inches below the threshold.
3.
Steps shall be eight and one-half inches maximum in height. Treads shall be a minimum of nine inches wide.
4.
All wood components in contact with the ground must be treated and approved for ground contact.
5.
If steps are 30 inches or greater in height, permanent handrails are to be installed.
b.
The pitch of the roof must have a minimum vertical rise of two and one-half feet for every 12 feet of horizontal run, and the roof must be finished with a type of shingle that is commonly used in conventional residential site-built dwellings.
c.
The exterior siding shall consist of wood, hardboard, or vinyl comparable in composition, appearance and durability to the exterior siding commonly used in conventional residential site-built dwellings.
d.
A brick foundation wall must enclose the entire area under manufactured multi-section homes and modular porches, decks, or other additions to ground level, except for required ventilation and access doors. The foundation must be of brick. The area under any decks shall be enclosed by methods and materials approved by the planning commission.
e.
The home must be placed upon footings and piers which meet the requirements of the manufacturer's installation manual. Should the manufacturer's instructions not be available, the following shall apply:
1.
Footings. All footings shall be poured concrete at a depth of six feet at least 3,000 psi strength. Piers less than 48 inches in height shall have a 16-inch by 16-inch by eight-inch poured footing. Piers more than 48 inches in height shall have a 24-inch by 24-inch by six-inch poured footing.
2.
Piers.
(i)
Piers less than 48 inches in height shall use 16-inch by eight-inch by eight-inch concrete blocks with open cells vertical.
(ii)
The piers shall be covered with a two-inch by eight-inch by 16-inch treated wood or four-inch solid masonry cap.
(iii)
All piers between 48 inches and 80 inches in height and all corner piers must be double blocked (16-inch by eight-inch by eight-inch blocked interlocked) and capped with a two-inch by 16-inch by 16-inch pressure-treated pier cap or a four-inch masonry cap.
(iv)
Piers over 80 inches in height require engineering.
f.
National Manufactured Housing Construction and Safety Standards Act or the manufacturer's installation manual. Should the manufacturer's instructions not be available, the table below shall be used. Multiple section manufactured homes require only the diagonal ties specified in Column C. The tongue, axles, transporting lights and towing apparatus must be removed from the manufactured home after placement on the lot and before occupancy.
(2)
The manufactured home must be double-wide or larger.
(3)
The manufactured home must be new with the proposed owner of the mobile home being the first titled owner.
(4)
No more than one manufactured home shall be placed on one lot.
(5)
The manufactured home shall have permanent utility hookups, water metered at the property line, except for electrical and telephone connections. Water utility connections shall be concealed from view.
(6)
The manufactured home shall have separate connections to the water and sewer mains and shall be subject to all provisions of this Code and town ordinances and regulations relating to water and sewers.
(Ord. No. 2008-02, § 818, 6-2-2008; Ord. No. 2016-20, § 3, 9-12-2016; Ord. No. 2019-05, § 7, 7-8-2019)
(a)
Uses designated as permitted uses and uses permitted with conditions are allowed in a district as a matter of right. Uses classified as conditional uses are permitted upon approval of a development plan approved by the zoning administrator. Unless a use is allowed as a permitted, conditional, nonconforming, or temporary use, then such use is prohibited.
(b)
It is recognized that new types of land use will develop within the town that are not anticipated by this chapter. In order to provide for such changes and contingencies, the classification of any new or unlisted land use shall be made by the planning commission to determine if the use can reasonably be interpreted to fit into a similar use category described in the chapter. The town council may make a final determination after conducting a public hearing.
(Ord. No. 2008-02, § 819, 6-2-2008)
(a)
Conditional uses, as set forth in article V of this chapter, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the district within which they are proposed for location. Conditional uses shall be permitted subject to a determination by the zoning administrator that they conform to all regulations set forth herein and elsewhere in this chapter, with particular reference to those requirements established for those districts in which they are proposed for location.
(b)
Applications for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to the issuance of any permits.
(Ord. No. 2008-02, § 820, 6-2-2008)
(a)
Special exceptions, as set forth in article V of this chapter, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the district within which they are proposed for location.
(b)
Special exceptions shall be permitted only for uses specifically listed as permitted by special exception for each zoning district as described in article IV of this chapter. Approval is subject to a public hearing and a finding by the planning commission of compatibility with the character of the neighborhood or area in which the proposed use is located, and that it will not impose any undue impact on neighboring parcels.
(Ord. No. 2008-02, § 821, 6-2-2008; Ord. No. 2016-20, § 3, 9-12-2016)
(a)
Nonconforming buildings or uses are declared by this chapter to be incompatible with permitted uses in the districts involved. However, to avoid undue hardship, the lawful use of any building or land uses at the time of the enactment of the ordinance from which this chapter is derived may be continued even though such use does not conform with the provisions of this chapter except that the nonconforming building or land use or portions thereof, shall not be:
(1)
Changed to another nonconforming use, reused or reoccupied after discontinuance of use or occupancy for a period exceeding 180 days;
(2)
Reestablished, reoccupied, or replaced with the same or similar building or land use after physical removal or relocation from its specific site location at the time of passage of the ordinance from which this chapter is derived;
(3)
Repaired, rebuilt, or altered in case of damage, to an extent less than 60 percent of its assessed value, due to fire or other disaster event pursuant to the issuance of a permit by the zoning administrator. Reconstruction or repair, when legal, must begin within 180 days after damage is incurred; or
(4)
Expanded, changed or enlarged, nor shall such a nonconforming use be enlarged by additions to the structure in which the nonconforming use is located (either attached or detached). However, if a nonconforming nonresidential use can expand within the existing structure, it may do so as long as the zoning administrator determines that the interior expansion will not have a negative impact upon surrounding conforming uses.
(b)
Many nonconformities may continue, but the provisions of this section are designed to curtail substantial investment in nonconformities and to bring about eventual elimination and/or lessen their impact upon surrounding conforming uses in order to preserve the integrity of the area in which they are located and the intent of this chapter. Normal structural repair and maintenance may be performed to allow the continuation of a nonconforming use. Nothing in this section shall be meant to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official lawfully charged with protecting the public safety, upon order of such official.
(c)
A nonconforming use may be changed to another equal or less intense nonconforming use. Once a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.
(Ord. No. 2008-02, § 822, 6-2-2008)
Where a manufactured home exists at the effective date of adoption of the ordinance from which this chapter is derived or amendment of that ordinance that could not be built under the terms of this chapter, such mobile home may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
A nonconforming manufactured home may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity. An existing mobile home may continue to be lived in but no additions or enlargements to the existing structure will be permitted.
(2)
A nonconforming manufactured home shall not be moved any distance or relocated on a lot of record.
(Ord. No. 2008-02, § 823, 6-2-2008; Ord. No. 2016-20, § 3, 9-12-2016)
Having determined that junkyards pose a hazard to the health, safety, and general welfare of the citizens of the town; depreciate the value of surrounding property; are a potential breeding ground for mosquitoes or other insects, snakes, rats and other pests; and are a visual blight and patently offensive to the aesthetic quality of the environment of the town, the town has determined that they are prohibited uses as of the date of enactment of the ordinance from which this chapter is derived. It is anticipated that some junkyards lawfully established prior to the effective date of the ordinance from which this chapter is derived may be "grandfathered" to continue as a nonconforming use. Where a junkyard exists at the effective date of adoption of the ordinance from which this chapter is derived or amendment of that ordinance that could not be built under the terms of this chapter, such junkyard may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
Requirements for protection as a nonconforming junkyard.
a.
The junkyard must have actually been lawfully in existence on the effective date of applicable law or regulation passed and must continue to be lawfully maintained.
b.
A nonconforming junkyard shall not be enlarged, extended, changed in use or location. Failure to comply will result in the operation being considered a new junkyard which is prohibited.
c.
A nonconforming junkyard which is abandoned, destroyed, or voluntarily discontinued shall not thereafter be continued in use.
(2)
Control measures.
a.
No junkyard may continue as a nonconforming use after the effective date of the ordinance from which this chapter is derived without submitting a plan to ensure it is completely enclosed within a building, fence, screen planting or other device that completely screens the operations of the junkyard as set out in subsection (3) of this section. Upon approval of such plans, the junk yard shall be considered a legal nonconforming use and shall be subject to conditions and all procedures set forth in subsections (1), (3) and (4) of this section.
b.
Any nonconforming junkyard will be screened in accordance with the standards and criteria for effective screening set forth in these regulations. Building the fence is expected to be at the expense of the responsible person who owns or operates any nonconforming junkyard. For nonconforming junkyards, the owner/operator responsible will have two years to have an approved fence in place along the property frontages facing the public right-of-way. The owner/operator responsible will have two years to have an approved fence in place around the remainder of the operation.
c.
Plans for the screening device shall be approved by the zoning administrator before it is erected or put into place.
(3)
Fencing and screening. All junkyards shall be enclosed on all sides by one of the following that shield the junkyards from view:
a.
A chain link fence with evergreen screening of an approved type;
b.
Where evergreen screening is not possible, a wooden or masonry privacy fence; or
c.
Other type material which has been given approval by the zoning administrator.
(4)
General requirements.
a.
All junkyards shall be maintained to protect the public from health nuisances, aesthetic distractions, and safety hazards. The town may designate an official to inspect each junkyard to determine that the junkyard does not create a nuisance, aesthetic distractions or a safety hazard. Should a nuisance or safety hazard be identified, the owner, operator or maintainer shall submit satisfactory evidence to the health department and building codes department that the violation has been eliminated. Failure to comply with this provision shall result in the issuance of penalties and remedies for violation of this chapter.
b.
Anchoring. All metal or wooden fence posts shall have at least one-fourth of their length below ground level and shall be set in hard packed clay or concrete. All metal fence posts shall be treated with an anti-corrosive coating. All wooden posts shall be pressure treated lumber.
c.
All junkyard business shall be conducted entirely within the screened/fenced area of the property.
d.
No junk shall be stacked, stored or maintained at a height greater than the opaque screen/fence around the junkyard.
e.
Adequate off-street customer parking must be provided, and must be graveled or paved in an acceptable manner.
(Ord. No. 2008-02, § 824, 6-2-2008)
(a)
Uses designated as permitted uses and uses permitted with conditions are allowed in a district as a matter of right. Uses classified as conditional uses are permitted upon approval of a development plan approved by the town council.
(b)
It is recognized that new types or forms of land use will develop within the town that are not anticipated by this chapter. In order to provide for such changes and contingencies, the classification of any new or unlisted land use shall be made by the planning board to determine if the use can reasonably be interpreted to fit into a similar use category described in the chapter. The planning commission may make such a determination after conducting a public hearing.
(c)
Unless a use is allowed as a permitted, use permitted with conditions, conditional use, nonconforming use, or temporary use, then such use is prohibited.
(Ord. No. 2008-02, § 825, 6-2-2008)
(a)
Temporary structures and uses shall be permitted in compliance with the provisions of this chapter and all other ordinances of the town. The following temporary structures and uses shall be permitted:
(1)
Construction trailers and mobile sales offices. Construction trailers may be permitted on all nonresidential construction developments and residential developments with ten or more dwelling units. Construction trailers and mobile residential neighborhood sales offices shall adhere to all district setbacks and shall not be permitted on the lot more than 30 days after the completion of the development or upon issuance of the final certificate of occupancy.
(2)
Temporary classrooms and offices. Manufactured homes may be used for temporary classroom space as a temporary use granted by the zoning administrator, providing that the following conditions are met:
a.
The manufactured homes are necessary to alleviate overcrowding only.
b.
The petitioner of the request must be a church, school, institution of learning, or other public institution.
c.
The manufactured housing shall be provided with underpinning, from the bottom of the walls to the ground, made of vinyl, pre-painted aluminum material, or other material specifically manufactured for manufactured homes.
d.
Landscaping shall be provided to create an aesthetically pleasing appearance.
e.
All required setbacks for the district are adhered to.
(3)
Temporary yard and garage sales. Yard, garage, tag, patio and apartment sales are permitted without a permit as an accessory use on any residential or institutional property in any district. Such sales on the same lot shall be limited to no more than two days per calendar month. Additional regulations can be found in article VII of this chapter, pertaining to signs.
(b)
The planning department may issue a temporary use permit for up to one year only. At the end of one year, the petitioner must file for another extension of no more than one year with the planning department. At that time, the petitioner must show that construction or plans for construction are proceeding in a diligent manner. The petitioner is allowed a maximum of two extensions.
(Ord. No. 2008-02, § 826, 6-2-2008)
(a)
A home occupation shall be permitted in any residential district, provided such occupation:
(1)
Is conducted by no other person than members of the family residing on the premises;
(2)
Utilizes not more than 25 percent of the total floor area of the principal building;
(3)
Produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling;
(4)
No display or products shall be visible from the street, and only articles made on the premises may be sold, except that nondurable articles (consumable products) that are incidental to a service, which service shall be the principle use in the home occupation, may be sold on the premises;
(5)
Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition;
(6)
No mechanical equipment is installed or used except such as is normally used for domestic or office purposes.
(b)
Storage related to a customary home occupation business is permitted in an accessory building, but the use of an accessory building for a separate commercial use is not permitted.
(c)
In addition to other uses deemed unacceptable by the zoning administrator, the following uses shall not be considered home occupations:
(1)
Animal hospitals, kennels, or stable.
(2)
Barber shops and beauty parlors.
(3)
Dancing schools.
(4)
Funeral homes.
(5)
Medical or dental offices or clinics hospitals.
(6)
Nursery schools.
(7)
Restaurants.
(8)
Tourist homes.
(d)
Zoning permits shall be required for all home occupations and shall be submitted to town hall before a business license is issued.
(Ord. No. 2008-02, § 827, 6-2-2008)
In addition to the principal uses, each of the following uses is considered to be a customary accessory use, and as such may be situated on the same lot with the principal use or uses to which it serves as accessory:
(1)
Uses customarily accessory to dwellings.
a.
Private garage.
b.
Open storage space or parking area for motor vehicles, provided that such space shall not be used for more than one commercial vehicle licensed as one ton or less in capacity per family residing on the premises.
c.
Shed or tool room for the storage of equipment used in grounds or building maintenance. (Excludes shipping containers)
d.
Pet house. Kennels used for commercial purposes are prohibited.
e.
Private swimming pool and bath house.
f.
Structures designed and used for purposes of shelter in the event of manmade or natural catastrophes.
g.
Noncommercial flower, ornamental shrub or vegetable garden or greenhouse.
h.
Satellite dish. A maximum of one per lot and placed in the rea r setback only. Such dish shall not be located closer than ten feet from any property line.
(2)
Uses customarily accessory to a church.
a.
Religious education buildings.
b.
Parsonage or parish house, together with any use accessory to a dwelling as listed under this chapter.
c.
Off-street parking area for the use of members and visitors of the church.
(3)
Uses customarily accessory to retail businesses, office use and commercial recreation facilities.
a.
Off-street parking or storage areas for customer-, client-, or employee-owned vehicles.
b.
Completely enclosed building for the storage of supplies, stock, or merchandise.
Note: A shipping container is not considered a building, therefore, approval for use must be approved on a case-by-case basis by the planning commission as a special exception.
c.
Light manufacturing and/or repair facility incidental to the principal use, provided that dust, odor, smoke, noise, vibration, heat, or glare produced as a result or such manufacturing or repair operation is not perceptible from any boundary line of the lot on which said principal and accessory uses are located, and provided such operation is not otherwise specifically prohibited in the district in which the principal use is located.
d.
Satellite dish. A maximum of one per lot and placed in the rear setback only. Such dish shall not be located closer than ten feet from any property line.
(4)
Uses customarily accessory to industry and principal agricultural use in industrial districts.
a.
Watchman or caretaker's one-family dwelling, provided that such a dwelling is located on the premises of a permitted use, and provided a member of the household is employed by the industry as a watchman or caretaker.
b.
Dwelling incidental to a permitted agricultural or horticultural use, provided that such related dwellings are occupied by persons employed directly on the premises.
c.
Retail or wholesale business or service, provided such business or service is incidental to a permitted industrial use, is located on the same premises, and involves no open storage of junk or salvage materials in conjunction with the operation.
d.
Private recreation facilities, provided such facility is incidental to a permitted use and located on the same premises.
(Ord. No. 2008-02, § 828, 6-2-2008; Ord. No. 2023-12, 10-2-2023)
Editor's note— Ord. No. 2018-04, adopted March 5, 2018, repealed § 90-288, which pertained to setback and other yard requirements for accessory uses and derived from Ord. No. 2008-02, adopted June 2, 2008.
GENERAL AND SUPPLEMENTARY PROVISIONS
(a)
Due to the unique nature of certain public service uses and the need to locate such uses in certain areas of the town irrespective of prevailing district regulations, the following list of uses may be established in any zoning district in the town, provided such uses meet all dimensional requirements of the district within which they will be located:
(1)
Post office.
(2)
Police and fire stations, and other municipal buildings.
(3)
Telephone exchange and repeater stations.
(4)
Radio and TV station masts.
(b)
Bufferyards. Post offices, police, fire and telephone exchanges and repeater stations shall observe the bufferyard requirements for office buildings in table 3, table of bufferyard requirements; all other uses shall observe the bufferyard requirements for research and industrial or institutional uses as determined by the zoning administrator.
(c)
Public hearing.
(1)
Prior to the granting of a building permit for any of the above-listed uses in a residential district or within 200 feet of a residential district, the board of zoning appeals shall hold a public hearing on the matter, of which at least 15 days' notice of time and place shall be published in a newspaper of general circulation in the town.
(2)
Based on the hearing and the expected impact of such uses on contiguous uses and conditions, the board of zoning appeals may elect to deny such request in favor of a more acceptable site elsewhere.
(Ord. No. 2008-02, §§ 801.1, 801.2, 6-2-2008)
All uses must satisfactorily comply with the requirements of the state board of health and the county board of health regarding the protection of waterways and air from pollution by dust, smoke, or other waste materials.
(Ord. No. 2008-02, § 802, 6-2-2008)
Except as herein provided, no building shall be erected, constructed, moved, or relocated on a lot not located on a publicly accepted, or publicly maintained street with a right-of-way of not less than 30 feet.
(Ord. No. 2008-02, § 803, 6-2-2008)
The required front, side, and rear setbacks for individual lots, as set forth for the particular zoning district within which a given lot is located, shall be measured inward toward the center of said lot from all points along the respective front, side, and rear property lines of the lot. Once the setback areas of a given lot have been established, the remaining area of the lot which is not included in any required front, side, or rear lot shall be known as the "buildable area."
(Ord. No. 2008-02, § 804, 6-2-2008)
Every building or use hereafter erected or established shall be located on a lot of record and every one- and two-family residential structure, except as herein provided, shall be located on an individual lot of record. In all cases, the principal buildings on a lot shall be located within the area formed by the building lines at outer boundaries, and in no case shall such buildings infringe beyond the building lines into the respective front, side, or rear yard setbacks or any other setback requirements for the district in which the lot is located except as provided for in section 90-267.
(Ord. No. 2008-02, § 805, 6-2-2008)
On lots having frontage on more than one street at an intersection, the minimum street side setback requirement shall be equal to the minimum front yard setback.
(Ord. No. 2008-02, § 806, 6-2-2008)
On lots having frontage on two streets, but not located on a corner, the minimum front setback shall be provided on each street in accordance with the provisions of this chapter. On lots having frontage on more than two streets, the minimum front setback shall be provided in accordance with the regulations set forth in this chapter on all of the street frontages.
(Ord. No. 2008-02, § 807, 6-2-2008)
The setback requirements of this chapter shall not apply to any lot where the average setback on already built-upon lots, located wholly or in part within 100 feet of each such lot and within the block and zoning district fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on such a lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots. However, in no case shall setbacks be less than 15 feet.
(Ord. No. 2008-02, § 808, 6-2-2008)
In all zoning districts established by this chapter, except the CC district, no fence, wall terrace, sign, shrubbery, planting or other structure or object capable of obstructing driver vision between the heights of three and ten feet above the finished street level shall not be permitted on a corner lot within 25 feet of the point formed by the intersection of the street right-of-way lines (or such lines extended in case of a rounded corner) which bound said lot.
(Ord. No. 2008-02, § 809, 6-2-2008)
At the intersection of any private drive or entrance or exit with a public street, no fence, wall, hedge, or other planting or sign forming a material impediment to visibility between a height of 2½ feet and seven feet shall be erected, planted, placed or maintained within 15 feet of the intersection.
(Ord. No. 2008-02, § 810, 6-2-2008)
In all front yards in the RC, CC, OC, I, and I districts, a planting strip not less than six feet wide shall be provided along the street line on the property, which shall be planted and maintained in grass or other suitable ground cover with street trees or in shrub planting or as may be required in approval of the site plans. This is only required in the CC district if there is a front yard.
(Ord. No. 2008-02, § 811, 6-2-2008; Ord. No. 2017-19, § 5, 11-6-2017)
The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, soils, chimneys, smokestacks, conveyors, flag poles, masts and aerials, provided evidence from appropriate authorities is submitted to the effect that such building or structure will not interfere with any airport approach zones or flight patterns.
(Ord. No. 2008-02, § 812, 6-2-2008)
Any recreational facilities when adjacent to lots which are zoned or used for residential purposes shall comply with the following standards:
(1)
They shall not be closer than 50 feet from the property line.
(2)
No lighting used in connection with such activities shall be closer than 50 feet from the property line.
(Ord. No. 2008-02, § 813, 6-2-2008)
Common open space is land or water bodies used for recreational amenity. It shall be freely accessible to all residents of a development where required by this chapter. It shall not be occupied by buildings or structures, roads, parking or road right-of-way. Required open space shall not include setbacks or lots of residential units required to meet minimum lot area or parking requirements.
(Ord. No. 2008-02, § 814, 6-2-2008)
No major recreational equipment shall be stored on any lot in a residential or CC district nearer to the street than the principal building of the lot fronting on that street; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. The parking of such equipment shall be in observance of all setback, yard, and other requirements set forth within the district in which they are located. No such equipment shall be used for living, sleeping, housekeeping purposes when parked or stored anywhere in town limits. No such equipment shall be parked in any location not approved for such use. No recreational vehicle over 30 feet in length shall be parked on any lot zoned for residential purposes. No major recreational equipment parked or stored anywhere in town limits shall be connected to water, sewage, or a septic tank. No major recreational equipment parked or stored anywhere in town limits shall display any visible appendages including, but not limited to, steps, porches, or decks.
(Ord. No. 2008-02, § 815, 6-2-2008; Ord. No. 2021-07, 4-5-2021)
(a)
It shall be unlawful for any person, partnership, corporation, or other legal entity to permit, park or store a truck, automotive vehicle or trailer of any kind or type on any residentially zoned property within the municipal corporate limits (except within a completely enclosed building or covered with a factory-made car cover):
(1)
That is not operable;
(2)
That does not display a lawful and current license tag;
(3)
That does not have current liability insurance thereon.
(b)
This chapter excludes bona fide classic automobiles which are currently undergoing restoration, and which are covered with factory-made automobile covers, and trailers not required by law to display a license tag.
(c)
If in violation of this chapter, written notice shall be submitted to the owner or permittee of the parked or stored vehicle that such vehicle shall be removed within 30 days from the date of such notice or be subject to the penalties detailed in section 90-337. This section shall be enforced by the town police department.
(Ord. No. 2008-02, § 816, 6-2-2008)
It is hereby found that automobile graveyards and junkyards are inherently dangerous and a nuisance and should be prohibited. In addition, existing junkyards should be regulated and shall be subject to the following additional standards: No person shall establish, operate, or maintain a junkyard, any portion of which is visible from an adjacent property or street right-of-way unless it is screened by natural objects, plantings, fences, or other means approved by the board of zoning appeals (BZA).
(Ord. No. 2008-02, § 817, 6-2-2008)
Manufactured homes may be allowed in R-3 and MFR, zoning districts as special exceptions in the discretion of the planning commission. Any person or entity desiring to put a mobile home in one of the aforementioned zoning districts shall make application to the planning commission on a form approved and promulgated by the planning commission, and provide any other documents requested by the planning commission. The planning commission shall approve or deny each application by public vote at a public meeting.
No certificate of occupancy shall be issued for any mobile home originally brought into the town or relocated within the town subsequent to the adoption of the ordinance from which this chapter is derived unless said mobile home is approved by the planning commission and a certificate of zoning compliance has been issued by the zoning administrator to certify that the mobile home is in full compliance with this chapter. Relocation of a mobile home from one lot to another is prohibited. The planning commission may, but shall not be required to, approve an application for a manufactured home that meets the following standards:
(1)
All mobile homes subject to this chapter shall meet or exceed the most current construction standards promulgated by the U.S. Department of Housing and Urban Development, as well as the South Carolina Manufactured Housing Board, including, but not limited to:
a.
A permanent landing and steps with handrails are required for each outside doorway. The structure must include steps which lead to ground level. The landing, handrails, and steps must meet the requirements below:
1.
A minimum four-foot by four-foot landing shall be required outside of each exit door.
2.
The landing shall not be more than eight and one-half inches below the threshold.
3.
Steps shall be eight and one-half inches maximum in height. Treads shall be a minimum of nine inches wide.
4.
All wood components in contact with the ground must be treated and approved for ground contact.
5.
If steps are 30 inches or greater in height, permanent handrails are to be installed.
b.
The pitch of the roof must have a minimum vertical rise of two and one-half feet for every 12 feet of horizontal run, and the roof must be finished with a type of shingle that is commonly used in conventional residential site-built dwellings.
c.
The exterior siding shall consist of wood, hardboard, or vinyl comparable in composition, appearance and durability to the exterior siding commonly used in conventional residential site-built dwellings.
d.
A brick foundation wall must enclose the entire area under manufactured multi-section homes and modular porches, decks, or other additions to ground level, except for required ventilation and access doors. The foundation must be of brick. The area under any decks shall be enclosed by methods and materials approved by the planning commission.
e.
The home must be placed upon footings and piers which meet the requirements of the manufacturer's installation manual. Should the manufacturer's instructions not be available, the following shall apply:
1.
Footings. All footings shall be poured concrete at a depth of six feet at least 3,000 psi strength. Piers less than 48 inches in height shall have a 16-inch by 16-inch by eight-inch poured footing. Piers more than 48 inches in height shall have a 24-inch by 24-inch by six-inch poured footing.
2.
Piers.
(i)
Piers less than 48 inches in height shall use 16-inch by eight-inch by eight-inch concrete blocks with open cells vertical.
(ii)
The piers shall be covered with a two-inch by eight-inch by 16-inch treated wood or four-inch solid masonry cap.
(iii)
All piers between 48 inches and 80 inches in height and all corner piers must be double blocked (16-inch by eight-inch by eight-inch blocked interlocked) and capped with a two-inch by 16-inch by 16-inch pressure-treated pier cap or a four-inch masonry cap.
(iv)
Piers over 80 inches in height require engineering.
f.
National Manufactured Housing Construction and Safety Standards Act or the manufacturer's installation manual. Should the manufacturer's instructions not be available, the table below shall be used. Multiple section manufactured homes require only the diagonal ties specified in Column C. The tongue, axles, transporting lights and towing apparatus must be removed from the manufactured home after placement on the lot and before occupancy.
(2)
The manufactured home must be double-wide or larger.
(3)
The manufactured home must be new with the proposed owner of the mobile home being the first titled owner.
(4)
No more than one manufactured home shall be placed on one lot.
(5)
The manufactured home shall have permanent utility hookups, water metered at the property line, except for electrical and telephone connections. Water utility connections shall be concealed from view.
(6)
The manufactured home shall have separate connections to the water and sewer mains and shall be subject to all provisions of this Code and town ordinances and regulations relating to water and sewers.
(Ord. No. 2008-02, § 818, 6-2-2008; Ord. No. 2016-20, § 3, 9-12-2016; Ord. No. 2019-05, § 7, 7-8-2019)
(a)
Uses designated as permitted uses and uses permitted with conditions are allowed in a district as a matter of right. Uses classified as conditional uses are permitted upon approval of a development plan approved by the zoning administrator. Unless a use is allowed as a permitted, conditional, nonconforming, or temporary use, then such use is prohibited.
(b)
It is recognized that new types of land use will develop within the town that are not anticipated by this chapter. In order to provide for such changes and contingencies, the classification of any new or unlisted land use shall be made by the planning commission to determine if the use can reasonably be interpreted to fit into a similar use category described in the chapter. The town council may make a final determination after conducting a public hearing.
(Ord. No. 2008-02, § 819, 6-2-2008)
(a)
Conditional uses, as set forth in article V of this chapter, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the district within which they are proposed for location. Conditional uses shall be permitted subject to a determination by the zoning administrator that they conform to all regulations set forth herein and elsewhere in this chapter, with particular reference to those requirements established for those districts in which they are proposed for location.
(b)
Applications for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to the issuance of any permits.
(Ord. No. 2008-02, § 820, 6-2-2008)
(a)
Special exceptions, as set forth in article V of this chapter, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the district within which they are proposed for location.
(b)
Special exceptions shall be permitted only for uses specifically listed as permitted by special exception for each zoning district as described in article IV of this chapter. Approval is subject to a public hearing and a finding by the planning commission of compatibility with the character of the neighborhood or area in which the proposed use is located, and that it will not impose any undue impact on neighboring parcels.
(Ord. No. 2008-02, § 821, 6-2-2008; Ord. No. 2016-20, § 3, 9-12-2016)
(a)
Nonconforming buildings or uses are declared by this chapter to be incompatible with permitted uses in the districts involved. However, to avoid undue hardship, the lawful use of any building or land uses at the time of the enactment of the ordinance from which this chapter is derived may be continued even though such use does not conform with the provisions of this chapter except that the nonconforming building or land use or portions thereof, shall not be:
(1)
Changed to another nonconforming use, reused or reoccupied after discontinuance of use or occupancy for a period exceeding 180 days;
(2)
Reestablished, reoccupied, or replaced with the same or similar building or land use after physical removal or relocation from its specific site location at the time of passage of the ordinance from which this chapter is derived;
(3)
Repaired, rebuilt, or altered in case of damage, to an extent less than 60 percent of its assessed value, due to fire or other disaster event pursuant to the issuance of a permit by the zoning administrator. Reconstruction or repair, when legal, must begin within 180 days after damage is incurred; or
(4)
Expanded, changed or enlarged, nor shall such a nonconforming use be enlarged by additions to the structure in which the nonconforming use is located (either attached or detached). However, if a nonconforming nonresidential use can expand within the existing structure, it may do so as long as the zoning administrator determines that the interior expansion will not have a negative impact upon surrounding conforming uses.
(b)
Many nonconformities may continue, but the provisions of this section are designed to curtail substantial investment in nonconformities and to bring about eventual elimination and/or lessen their impact upon surrounding conforming uses in order to preserve the integrity of the area in which they are located and the intent of this chapter. Normal structural repair and maintenance may be performed to allow the continuation of a nonconforming use. Nothing in this section shall be meant to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official lawfully charged with protecting the public safety, upon order of such official.
(c)
A nonconforming use may be changed to another equal or less intense nonconforming use. Once a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.
(Ord. No. 2008-02, § 822, 6-2-2008)
Where a manufactured home exists at the effective date of adoption of the ordinance from which this chapter is derived or amendment of that ordinance that could not be built under the terms of this chapter, such mobile home may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
A nonconforming manufactured home may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity. An existing mobile home may continue to be lived in but no additions or enlargements to the existing structure will be permitted.
(2)
A nonconforming manufactured home shall not be moved any distance or relocated on a lot of record.
(Ord. No. 2008-02, § 823, 6-2-2008; Ord. No. 2016-20, § 3, 9-12-2016)
Having determined that junkyards pose a hazard to the health, safety, and general welfare of the citizens of the town; depreciate the value of surrounding property; are a potential breeding ground for mosquitoes or other insects, snakes, rats and other pests; and are a visual blight and patently offensive to the aesthetic quality of the environment of the town, the town has determined that they are prohibited uses as of the date of enactment of the ordinance from which this chapter is derived. It is anticipated that some junkyards lawfully established prior to the effective date of the ordinance from which this chapter is derived may be "grandfathered" to continue as a nonconforming use. Where a junkyard exists at the effective date of adoption of the ordinance from which this chapter is derived or amendment of that ordinance that could not be built under the terms of this chapter, such junkyard may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
Requirements for protection as a nonconforming junkyard.
a.
The junkyard must have actually been lawfully in existence on the effective date of applicable law or regulation passed and must continue to be lawfully maintained.
b.
A nonconforming junkyard shall not be enlarged, extended, changed in use or location. Failure to comply will result in the operation being considered a new junkyard which is prohibited.
c.
A nonconforming junkyard which is abandoned, destroyed, or voluntarily discontinued shall not thereafter be continued in use.
(2)
Control measures.
a.
No junkyard may continue as a nonconforming use after the effective date of the ordinance from which this chapter is derived without submitting a plan to ensure it is completely enclosed within a building, fence, screen planting or other device that completely screens the operations of the junkyard as set out in subsection (3) of this section. Upon approval of such plans, the junk yard shall be considered a legal nonconforming use and shall be subject to conditions and all procedures set forth in subsections (1), (3) and (4) of this section.
b.
Any nonconforming junkyard will be screened in accordance with the standards and criteria for effective screening set forth in these regulations. Building the fence is expected to be at the expense of the responsible person who owns or operates any nonconforming junkyard. For nonconforming junkyards, the owner/operator responsible will have two years to have an approved fence in place along the property frontages facing the public right-of-way. The owner/operator responsible will have two years to have an approved fence in place around the remainder of the operation.
c.
Plans for the screening device shall be approved by the zoning administrator before it is erected or put into place.
(3)
Fencing and screening. All junkyards shall be enclosed on all sides by one of the following that shield the junkyards from view:
a.
A chain link fence with evergreen screening of an approved type;
b.
Where evergreen screening is not possible, a wooden or masonry privacy fence; or
c.
Other type material which has been given approval by the zoning administrator.
(4)
General requirements.
a.
All junkyards shall be maintained to protect the public from health nuisances, aesthetic distractions, and safety hazards. The town may designate an official to inspect each junkyard to determine that the junkyard does not create a nuisance, aesthetic distractions or a safety hazard. Should a nuisance or safety hazard be identified, the owner, operator or maintainer shall submit satisfactory evidence to the health department and building codes department that the violation has been eliminated. Failure to comply with this provision shall result in the issuance of penalties and remedies for violation of this chapter.
b.
Anchoring. All metal or wooden fence posts shall have at least one-fourth of their length below ground level and shall be set in hard packed clay or concrete. All metal fence posts shall be treated with an anti-corrosive coating. All wooden posts shall be pressure treated lumber.
c.
All junkyard business shall be conducted entirely within the screened/fenced area of the property.
d.
No junk shall be stacked, stored or maintained at a height greater than the opaque screen/fence around the junkyard.
e.
Adequate off-street customer parking must be provided, and must be graveled or paved in an acceptable manner.
(Ord. No. 2008-02, § 824, 6-2-2008)
(a)
Uses designated as permitted uses and uses permitted with conditions are allowed in a district as a matter of right. Uses classified as conditional uses are permitted upon approval of a development plan approved by the town council.
(b)
It is recognized that new types or forms of land use will develop within the town that are not anticipated by this chapter. In order to provide for such changes and contingencies, the classification of any new or unlisted land use shall be made by the planning board to determine if the use can reasonably be interpreted to fit into a similar use category described in the chapter. The planning commission may make such a determination after conducting a public hearing.
(c)
Unless a use is allowed as a permitted, use permitted with conditions, conditional use, nonconforming use, or temporary use, then such use is prohibited.
(Ord. No. 2008-02, § 825, 6-2-2008)
(a)
Temporary structures and uses shall be permitted in compliance with the provisions of this chapter and all other ordinances of the town. The following temporary structures and uses shall be permitted:
(1)
Construction trailers and mobile sales offices. Construction trailers may be permitted on all nonresidential construction developments and residential developments with ten or more dwelling units. Construction trailers and mobile residential neighborhood sales offices shall adhere to all district setbacks and shall not be permitted on the lot more than 30 days after the completion of the development or upon issuance of the final certificate of occupancy.
(2)
Temporary classrooms and offices. Manufactured homes may be used for temporary classroom space as a temporary use granted by the zoning administrator, providing that the following conditions are met:
a.
The manufactured homes are necessary to alleviate overcrowding only.
b.
The petitioner of the request must be a church, school, institution of learning, or other public institution.
c.
The manufactured housing shall be provided with underpinning, from the bottom of the walls to the ground, made of vinyl, pre-painted aluminum material, or other material specifically manufactured for manufactured homes.
d.
Landscaping shall be provided to create an aesthetically pleasing appearance.
e.
All required setbacks for the district are adhered to.
(3)
Temporary yard and garage sales. Yard, garage, tag, patio and apartment sales are permitted without a permit as an accessory use on any residential or institutional property in any district. Such sales on the same lot shall be limited to no more than two days per calendar month. Additional regulations can be found in article VII of this chapter, pertaining to signs.
(b)
The planning department may issue a temporary use permit for up to one year only. At the end of one year, the petitioner must file for another extension of no more than one year with the planning department. At that time, the petitioner must show that construction or plans for construction are proceeding in a diligent manner. The petitioner is allowed a maximum of two extensions.
(Ord. No. 2008-02, § 826, 6-2-2008)
(a)
A home occupation shall be permitted in any residential district, provided such occupation:
(1)
Is conducted by no other person than members of the family residing on the premises;
(2)
Utilizes not more than 25 percent of the total floor area of the principal building;
(3)
Produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling;
(4)
No display or products shall be visible from the street, and only articles made on the premises may be sold, except that nondurable articles (consumable products) that are incidental to a service, which service shall be the principle use in the home occupation, may be sold on the premises;
(5)
Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition;
(6)
No mechanical equipment is installed or used except such as is normally used for domestic or office purposes.
(b)
Storage related to a customary home occupation business is permitted in an accessory building, but the use of an accessory building for a separate commercial use is not permitted.
(c)
In addition to other uses deemed unacceptable by the zoning administrator, the following uses shall not be considered home occupations:
(1)
Animal hospitals, kennels, or stable.
(2)
Barber shops and beauty parlors.
(3)
Dancing schools.
(4)
Funeral homes.
(5)
Medical or dental offices or clinics hospitals.
(6)
Nursery schools.
(7)
Restaurants.
(8)
Tourist homes.
(d)
Zoning permits shall be required for all home occupations and shall be submitted to town hall before a business license is issued.
(Ord. No. 2008-02, § 827, 6-2-2008)
In addition to the principal uses, each of the following uses is considered to be a customary accessory use, and as such may be situated on the same lot with the principal use or uses to which it serves as accessory:
(1)
Uses customarily accessory to dwellings.
a.
Private garage.
b.
Open storage space or parking area for motor vehicles, provided that such space shall not be used for more than one commercial vehicle licensed as one ton or less in capacity per family residing on the premises.
c.
Shed or tool room for the storage of equipment used in grounds or building maintenance. (Excludes shipping containers)
d.
Pet house. Kennels used for commercial purposes are prohibited.
e.
Private swimming pool and bath house.
f.
Structures designed and used for purposes of shelter in the event of manmade or natural catastrophes.
g.
Noncommercial flower, ornamental shrub or vegetable garden or greenhouse.
h.
Satellite dish. A maximum of one per lot and placed in the rea r setback only. Such dish shall not be located closer than ten feet from any property line.
(2)
Uses customarily accessory to a church.
a.
Religious education buildings.
b.
Parsonage or parish house, together with any use accessory to a dwelling as listed under this chapter.
c.
Off-street parking area for the use of members and visitors of the church.
(3)
Uses customarily accessory to retail businesses, office use and commercial recreation facilities.
a.
Off-street parking or storage areas for customer-, client-, or employee-owned vehicles.
b.
Completely enclosed building for the storage of supplies, stock, or merchandise.
Note: A shipping container is not considered a building, therefore, approval for use must be approved on a case-by-case basis by the planning commission as a special exception.
c.
Light manufacturing and/or repair facility incidental to the principal use, provided that dust, odor, smoke, noise, vibration, heat, or glare produced as a result or such manufacturing or repair operation is not perceptible from any boundary line of the lot on which said principal and accessory uses are located, and provided such operation is not otherwise specifically prohibited in the district in which the principal use is located.
d.
Satellite dish. A maximum of one per lot and placed in the rear setback only. Such dish shall not be located closer than ten feet from any property line.
(4)
Uses customarily accessory to industry and principal agricultural use in industrial districts.
a.
Watchman or caretaker's one-family dwelling, provided that such a dwelling is located on the premises of a permitted use, and provided a member of the household is employed by the industry as a watchman or caretaker.
b.
Dwelling incidental to a permitted agricultural or horticultural use, provided that such related dwellings are occupied by persons employed directly on the premises.
c.
Retail or wholesale business or service, provided such business or service is incidental to a permitted industrial use, is located on the same premises, and involves no open storage of junk or salvage materials in conjunction with the operation.
d.
Private recreation facilities, provided such facility is incidental to a permitted use and located on the same premises.
(Ord. No. 2008-02, § 828, 6-2-2008; Ord. No. 2023-12, 10-2-2023)
Editor's note— Ord. No. 2018-04, adopted March 5, 2018, repealed § 90-288, which pertained to setback and other yard requirements for accessory uses and derived from Ord. No. 2008-02, adopted June 2, 2008.