STATE OF SOUTH CAROLINA            )

                                                            )                       ORDINANCE NO.  03-06-08

COUNTY OF NEWBERRY             )

 

 

AN ORDINANCE AMENDING CHAPTER 153 OF THE NEWBERRY COUNTY CODE OF ORDINANCES SETTING FORTH SPECIAL CONDITIONS FOR THE USE OF RECREATIONAL VEHICLES, AND FOR OTHER MATTERS RELATED THERETO.

 

WHEREAS, Newberry County Council recognizes the need to allow the storage and use of recreational vehicles including self-propelled motor homes, as well as campers and travel trailers and the like, under circumstances that allow the owners of such RV’s to enjoy their investment, without unduly diminishing the enjoyment of other property uses or adversely affecting property owners in the vicinity of the RV’s; and

 

WHEREAS, § 6-29-710, et seq. of the South Carolina Code of Laws 1976, as amended, provides that counties may regulate land use through zoning in accordance with its adopted comprehensive plan; and         

 

WHEREAS, this matter has been reviewed by the Newberry Planning Commission at the direction of Newberry County Council, and the Planning Commission has made its recommendation to County Council that the regulation of the use of Recreational Vehicles be minimized in the areas of the County which are not predominantly zoned residential and lightly regulated in other areas of the County, as set forth in this Ordinance, and Newberry County Council has scheduled and will hold a public hearing prior to its adoption.

 

            NOW, THEREFORE, BE IT ORDAINED THAT:    

 

Section 1.            In § 153.005 “DEFINITIONS,” strike the term “TRAVEL OR CAMPING VEHICLE” and the definition that follows, and insert in lieu thereof, in alphabetical sequence within § 153.005, the following term and definition:   

 

RECREATIONAL VEHICLES – Vehicular-type portable structures without permanent foundation, but with undercarriage, and any necessary axles and wheels continually affixed, that can be towed, hauled, or driven, and are designed as temporary living accommodations for recreational camping and travel use, including but not limited to travel trailers, truck campers, camping trailers, fifth wheel trailers, and self-propelled motor homes.

 

Section 2.                        In § 153.005 “DEFINITIONS,” insert the terms “RECREATIONAL” and  “TEMPORARY” and the definitions that follow in alphabetical sequence within § 153.005, as follows:

RECREATIONAL - a use that is temporary and not associated with the customary occupation or employment of the participant, and which involves a pastime, exercise, diversion or other resource affording relaxation and enjoyment.


Some common recreational activities are hunting, fishing, swimming, boating, camping, hiking, travel, nature study, golf, tennis, horseback riding, participatory sports, spectator sports, viewing or enjoying historic, archaeological, scenic or scientific sites, and the like. 

                       

TEMPORARY - A use that is not permanent, and which is not a substitute for a fixed abode.  Temporary use of a Recreational Vehicle (RV) is characterized by its not having a permanent connection to electric power, not having a mail receptacle, not having any occupational or commercial use, and not being used as a fixed place of abode or as a temporary abode during a period of employment or work as an independent contractor, and having no foundation, and no porches, patios or storage buildings affixed or in close proximity to the RV, among other characteristics.  To qualify as a temporary use, such RV’s must have a current license plate affixed, if state law requires registration and licensing, and must be mechanically ready to be moved at all times under the motive power for which such unit is designed.  RV’s which are alleged to be in temporary use, but which have a connection to either a water supply or to an individual sewage disposal system or community sewer system may or may not qualify as a temporary use, depending on an evaluation of all other pertinent factors relating to the actual use of the unit.

 

SECTION 3.                         In § 153.148 “PARKING OF RECREATION, COMMERCIAL, AND UNLICENSED VEHICLES,” strike the title of this section and insert the following in lieu thereof:

 

§ 153.148 PARKING AND USE OF RECREATIONAL VEHICLES, AND PARKING AND STORAGE OF OTHER RECREATIONAL EQUIPMENT.

 

SECTION 4.                        In § 153.148 strike the paragraphs (A),(B) and (C)  as written, and insert in lieu thereof the following language:

 

                        (A)                        No Recreational Vehicles shall be parked or stored on, or adjacent to, any lot in an RS-1A zoning district for more than 24 hours. 

 

                        (B)                        No vehicle, water craft, or trailer subject to state licensing which does not display a current license plate or decal shall be parked or stored on any lot in the RS-1A, RS-1, RS-2, RS-3, RS-4 or RG residential zoning districts, except in an enclosed building.

 

                        (C)                        In the case of a Recreational Vehicle owned or lawfully used by a family living on or occupying the premises, the temporary use of such Recreational Vehicle by such family, or of additional Recreational Vehicles on that property by their invitees, shall not be permitted for any period of time in an RS-1A zoning district.   

 

            (D)     Except for state regulations on hunt camps and mobile home/manufactured home parks, and the Special Exception requirements for commercial campgrounds in the R-2 Zoning Districts, there is no restriction on the parking or recreational use of Recreational Vehicles in the areas of Newberry County zoned RS-1, RS-2, RS-3, RS-4, R-2, AG, or RG. 

 

            (E)            It is the intent of the foregoing restrictions on the use of Recreational Vehicles that no occupancy or use of such vehicles rise to the level of permanent occupancy or use, and that any use remain recreational in nature.

 

            (F)            The legal owner of any parcel on which is located an RV, is responsible for any violation of this Code, as is the owner or user of the RV, if different.

 

            (G)            Any owner of the parcel where the RV is to be used, and/or the user of the RV, if different, is responsible for compliance with any SCDHEC regulations which apply to the use and occupancy of Recreational Vehicles otherwise permitted by this section.

 

            (H)            Notwithstanding the foregoing, in those zoning districts that allow a manufactured home to be used as a temporary residence by the owner of the property during the construction of a permanent residence on the same property, recreational vehicles (RVs) may be used for the same purpose under the same conditions, restrictions, and regulations required for the manufactured home.  This provision does not apply to the RS-1A zoning district, which prohibits the use of RVs. 

 

            AND IT IS SO ORDAINED by Newberry County Council this 4th day of

 

June, 2008 in meeting duly assembled at Newberry, South Carolina.

 

                                                                        NEWBERRY COUNTY COUNCIL

            (SEAL)

By:__________________________

Henry B. Summer, Chairman

Attest:

______________________________________

Susan C. Fellers, Clerk to Council

 

1st reading:                   March 19, 2008                      Reviewed and approved as to form:

Public Hearing:            March 19, 2008

                                    April 16, 2008         

                                    June 4, 2008                            _____________________________

2nd reading:                   May 21, 2008                                  A.J. Tothacer, Jr., County Attorney

3rd reading:                   June 4, 2008

                                                                                    _____________________________

                                                                                    Wayne Adams, County Administrator