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Words not defined herein shall have the meanings stated in the standard building code, standard plumbing code, standard gas code or standard fire prevention code. Words not defined in the standard codes shall have the meanings in Webster's Ninth New Collegiate Dictionary, as revised. Words in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is always mandatory. The word "may" is permissive. The word "lot" includes the word "plot" or "parcel". The word "person" includes a firm, association, organization, partnership, trust company, or corporation, as well as an individual. The word "used" or "occupied" as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy and shall be construed to include the words "intended," "arranged," or "designed to be used or occupied". An intended project shall be defined as one where substantial monies have been spent towards the goal of the project. The word "map" or "zoning map" shall mean the Official Zoning Map of the Town of Irmo, South Carolina. The term "planning commission" refers to the Planning Commission for the Town of Irmo. The term council, mayor and council, or town council shall mean the legally elected governing body of the Town of Irmo. The term "board of zoning appeals" shall refer to the Board of Zoning Appeals for the Town of Irmo. Adult uses. For purposes of this ordinance, adult uses shall mean and include the following: (1) Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas". (2) Adult bookstore or adult video store. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or b. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities". A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as: one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas". (3) Adult cabaret. A nightclub, bar, restaurant or similar commercial establishment which regularly features: a. Persons who appear in a state of nudity; or b. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or c. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the description of "specified sexual activities" or "specified anatomical areas". (4) Adult motel. A hotel, motel or similar commercial establishment which: a. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; or b. Offers a sleeping room for rent for a period of time that is less than ten hours; or c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours. (5) Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". (6) Adult theater. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities". (7) Sexual encounter center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or b. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude. Animal shelter, domestic. A pen, shelter, or structure where no more than three dogs or small domestic animals, not to include horses, cows, goats, swine including pot bellied pigs, sheep, ponies, grazing animals and fowl of any kind, are boarded or kept. Buildable area. That portion of any lot which may be used or built upon in accordance with the regulations governing the zoning district within which the lot is located when the front, side and rear yard, open space, and applicable buffer area requirements have been met. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons or property. Building, accessory. A subordinate structure on the same lot and detached from the principal or main building or use occupied or devoted to a use incidental to the principal use. Included in this definition are private garages, storage sheds, workshops, domestic animal shelters, pool houses, etc., when detached from the principal building, and carports attached to the principal building when at least 75 percent open or unenclosed. Building, principal. A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. Canopy tree. A deciduous tree that forms the top layer of vegetation in a forest. Examples of such trees include oaks, hickories, maples, poplars, and others. Child care services. Child care services shall mean and include any home, center, agency or place, however styled, where children not related to the operator are received for custodial care, apart from their parents, whether for compensation, reward, or otherwise during part or all of the day or night and upon any number of successive days or nights. Club, private. An organization catering exclusively to members and their guests including buildings and grounds with commercial activities serving the membership only. Cluster development. A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space. Conditional use. A use of land or structure which is permitted in a district under conditions specified in the zoning ordinance. Condominium. A unit in a multi-unit structure owned by an individual who has use of all common areas associated with that structure. Density. The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this ordinance are expressed in dwelling units per net acre; that is, per acre of land devoted to residential use and common open space exclusive of land utilized for streets, alleys, parks, playgrounds, school grounds, or other public uses. Developer. An individual, partnership or corporation (or agent therefor) that undertakes the activities covered by these regulations. Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Driveway. A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building or other structure or facility. Dwelling. A building or portion of a building arranged or designed exclusively for human habitation. Dwelling, apartment. (See dwelling, multi-family) Dwelling, attached. A dwelling unit attached to one or more other dwelling units by common vertical walls. Dwelling, detached. A single dwelling unit, other than a mobile home, surrounded by open space or yards and which is not attached to any other dwelling by any means. Dwelling, duplex. A building containing two dwelling units on one lot. Dwelling, group occupied. A dwelling unit occupied by five or more individuals unrelated by blood, marriage, adoption, or guardianship living together as a single housekeeping unit. Dwelling, manufactured home. A factory built home built after the enactment of and bearing a label of compliance with the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976 (HUD Code). Dwelling, mobile home. A factory built home built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, effective June 15, 1976. Dwelling, multi-family. A building containing five or more dwelling units. Dwelling, patio house. A single-family detached or semi-detached dwelling unit. It is built on a small lot generally enclosed by walls which provide privacy. The term is synonymous with zero lot line dwellings. Dwelling, quadruplex. A building containing four dwelling units. Dwelling, single-family. A building containing one dwelling unit. Dwelling, townhouse. Two or more attached dwelling units on separate lots which may or may not have a common roof and are separated from each other by common vertical walls. Dwelling, triplex. A single building containing three dwelling units. Dwelling unit. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling, zero lot line. A zero lot line dwelling is a single-family detached unit which instead of being centered on a lot, is placed against at least one of the side lot lines. The term is synonymous with patio house. Evergreen tree. A coniferous or deciduous tree that remains green throughout the year. Factory-built housing. A three dimensional, transportable, factory-built structure designed for long term residential use. Such housing includes manufactured, mobile and modular homes. Family. One or more persons related by blood, marriage, adoption or guardianship, and not more than four persons not so related, except that nine mentally or physically handicapped persons for whom care is provided on a 24-hour basis shall be construed to be a family, in accord with the provisions of S.C. Code 1976, § 6-7-830, including approval or licensing of the home in which they are located by a state agency for that purpose. Family day care home. A family day care home is one in which care is given by a family member and no others during the day only for one and not more than seven children, including the day care parents' own children. Federal manufactured home construction and safety standards. Regulations promulgated by the Department of Housing and Urban Development (HUD) governing the design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality of manufactured housing. These standards also set performance requirements for heating, plumbing, air conditioning, thermal and electrical systems. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. Term does not include floor of a garage used solely for parking vehicles. Floor area. The sum of the floor area for each of a building's stories measured from the exterior limits of the faces of the structure, including basement floor area. It does not include unenclosed porches or any floor space in an accessory building or in the principal building which is designed for parking of motor vehicles. Floor area ratio. An intensity measure of land use derived at by dividing the total floor area of a building by the total site area. Garage, private. (As defined by the standard building code.) Garage, public. (As defined by the standard building code.) Habitable dwelling. A dwelling meeting the minimum habitability requirements of this ordinance, and other applicable regulations. Height. The vertical distance of a structure or vegetation measured from the average grade elevation within 20 feet of the structure to the highest point of the structure. Home occupation. Any occupation within a dwelling, including a hobby and clearly incidental thereto, carried on by a member or members of the family residing on the premises. Impervious surface. Impervious surfaces are those that do not absorb water. All buildings, paved parking areas, driveways, roads, sidewalks, and any areas in concrete or asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the zoning administrator to be impervious within the meaning of this definition also will be classed as impervious surfaces. Impervious surface ratio. The impervious surface ratio is a measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the total site area. Institutional uses. Uses which are supportive of the residential community. They provide indoor space for recreation, hobbies, meetings, education, day care and head start services, and worship as well as cultural facilities, group quarters for religious groups and the infirm or elderly. While some uses may be operated for private profit, they duplicate services that are generally provided by public or non-profit groups. Junk or salvage. Any materials consisting of waste, discarded or salvage matter which is bought, sold, exchanged, stored, baled, packed or disassembled for profit, trade or hire, and shall include any vehicle damaged so as not to comply with state or federal safety regulations, incapable of self-propulsion or partially dismantled if retained on the premises for more than 72 hours whether for repair or not. The term junk shall also mean, but not be limited to old or scrap copper, brass, aluminum, rope, rags, paper, trash, tire carcasses, rubber debris, old vehicle parts, non-working major appliances, and other old ferrous or non-ferrous material. Junk or salvage yard. Any premises where salvage or junk as defined herein are found and have been permitted to remain with the consent of the owner, lessee, or person(s) responsible for maintenance of such premises. Lot. A parcel of land considered as a unit. The terms "lot", "lot of record", "property", or "tract", whenever used in this ordinance are interchangeable. Lot area. The area contained within the boundary line of a lot. Lot, corner. A lot located at the intersection of two or more streets. Lot depth. The horizontal distance between front and rear lot lines. Lot, double frontage. A lot which has frontage on more than one street. Lot, interior. A lot, other than a corner lot, which has frontage on only one street other than an alley. Lot line. A line bounding a lot which divides one lot from another or from a street or any other public or private space. Lot of record. A lot, the boundaries of which are filed as legal record. Lot width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. Mini-warehouse. A building or group of buildings in a controlled-access and fenced compound that contains individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customer's goods or wares. Mobile or manufactured home park. A lot or parcel with space, improvements and utilities for the long-term parking of two or more mobile or manufactured homes which may include services and facilities for the residents. Mobile or manufactured home park space. A plot or ground within a mobile or manufactured home park designed for the accommodation of one unit. Modular building unit or modular structure. Any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection. When meeting the requirements of the Modular Building's Construction Act (S.C. Code 1976, § 23-43-10), said building unit or structure may be located in any of the town's several zoning districts. Nonconformity. A nonconformity is any lot of record, use, building, structure or vegetation in existence prior to the effective date of this ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the ordinance. Non-residential use. A principal use of land for other than residential purposes, i.e. commercial, industrial, institutional. Open space ratio. The open space ratio is a measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the total site area. Parcel. A land area bounded by property lines that is recognized as such by the county assessor's office. Park. A public facility open for recreation, with commercial activities for recreational uses only, open space and public gardens. Premises. A lot, plot, or parcel of land including the buildings or structures thereon, under control by the same owner or operator together with all adjacent land. Recreational vehicle. Abbreviation RV (classes A, B, B+ and C) - A vehicle used as a camper or motor home, used for traveling and recreational activities and normally equipped with a living space and amenities found in a home (such as: kitchen, bathroom and one or fewer sleeping facilities). Shipping container. A rectangular, prefabricated metal structure, designed for stacking, storage and transfer of goods and commodities by ship, train and/or container chassis trucks. Sign. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Flags are not signs. Sign, abandoned. A sign structure not containing a sign for 120 continuous days or a sign not in use for 120 continuous days, or a sign advertising a business no longer occupying the site on which the sign exists or to which it refers. Sign, animated. Any sign that uses movement or change of lighting to depict action or creates a special effect or scene. Sign, awning, canopy or marquee. A sign that is mounted or painted on or attached to an awning, canopy or marquee. Sign, banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Sign, bench. A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way. Sign, building. Any sign attached to any part of a building. Sign, changeable copy. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance. Sign face. The area or display surface used for the message. Sign, free-standing. Any nonmovable sign not affixed to a building. Sign, incidental. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental. Sign, pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Sign, permanent. A sign attached to a building, structure or the ground in some manner and made of materials intended for more than short term use. Sign, political. A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election. Sign, portable. A sign designed to be transportable, but not limited by means of wheels. Sign, projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. Sign, roof. A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof or the deck line of a building with a mansard roof. Sign, temporary. A sign that is used only for a short period of time and is not permanently mounted. Sign, wall. Any sign attached to and within six inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
Sign, window.
A sign that is applied or attached to the exterior or interior of a window or located
in such manner within a building that it can be seen from the exterior of the structure
through a window.
South Carolina Manufactured Housing Board. Is authorized by State Statute to regulate the construction, repair, modification, installation, tie-down, hook-up, and sale of manufactured homes in South Carolina, which board has adopted for regulation of manufactured homes the Federal Manufactured Housing Construction and Safety Standards, promulgated by HUD, and contained in the Board's Manufactured Housing Regulations, May 26, 1990. Specified anatomical areas. The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals. Specified sexual activities. Includes any of the following: a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; c. Masturbation, actual or simulated; or d. Excretory functions as part of or in connection with any of the activities set forth in a. through c. above. Street. Any thoroughfare (drive, avenue, boulevard) or space more than 18 feet in right-of-way width which has been dedicated, deeded or designated for vehicular traffic, public or private. Street, major. Includes all state primary and federal aid highways and streets that serve to circulate traffic on to, out or around the town, having signals at important intersections and stop signs on side streets and/or one having controlled access and channelized intersections. Street, minor. A street designed principally to collect traffic from subdivisions and provide access to abutting property. Street, private. A street not dedicated for public use or maintenance. Structural alteration. Any change in the supporting members of a building, such as the bearing walls, beams, or girders, or any change in the dimension or configuration of the roof or exterior walls. Structure. (As defined by the standard building code.) Travel trailer or recreational vehicle. A structure that (1) is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and (2) is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a mobile or manufactured home or modular unit. Understory tree. A small deciduous tree that forms the layer of vegetation under the canopy trees in a forest. Examples of such trees include dogwoods, sourwoods, fruit trees and others. Use. The purpose or activity for which land or any building thereon is designed, arranged or intended, or for which it is occupied or maintained. Use, accessory. See building, accessory. Use, principal. The primary purpose for which land is used. Variance. A modification of the area regulations of this ordinance, granted by the board of zoning appeals, where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property, a literal enforcement of the ordinance would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property which is not permitted within the zoning district in which the property is located. Vegetation. Any object of natural growth. Yard. An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided by this ordinance. Yard, front. A yard extending the full width of the front of a lot between the front (street) right-of-way line or property line and the front building line. Yard, rear. A yard extending the full width of the lot in the area between the rear lot line and the rear building line. Yard, required. That part of a yard between a lot line and the minimum required building setback line, within which no structure shall be located except as provided by this ordinance. Yard, side. A yard extending the full length of the lot in the area between the side lot line and a side building line. Zoning district. A specifically delineated area or district in the town within which regulations and requirements govern the use, placement, spacing and size of land and buildings. |
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(Ord. No. 06-04, 4-18-2006; Ord. No. 17-02, 2-21-2017) |
