STATE OF SOUTH CAROLINA            )

                                                            )                       ORDINANCE NO.  05-15-08

COUNTY  OF NEWBERRY   )

 

AN ORDINANCE AMENDING CHAPTER 153 OF THE NEWBERRY COUNTY CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING ORDINANCE, SO AS TO ADD A NEW SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, TO BE KNOWN AS RS-1A, AND TO DEFINE THE PERMITTED USES, CONDITIONAL USES AND SPECIAL EXCEPTIONS WITHIN THE RS-1A ZONING DISTRICT, AND TO MAKE SUCH OTHER AMENDMENTS TO CHAPTER 153 OF THE CODE OF ORDINANCES AS ARE NECESSARY TO INCORPORATE THIS NEW ZONING DISTRICT WITHIN THE ZONING PLAN FOR NEWBERRY COUNTY, AND OTHER MATTERS RELATED THERETO. 

 

WHEREAS, Newberry County Council, as the governing body of Newberry County, has the statutory authority to adopt Ordinances governing zoning matters, and with the input of the Newberry County Joint Planning Commission, to make amendments to the text of the zoning ordinance, found in Chapter 153 of the Newberry County Code of Ordinances, which will apply in the unincorporated areas of the County, and inside those municipalities in the County which have entered into an Agreement with the County to allow the County’s Zoning Ordinance to regulate zoning matters with that municipality; and

WHEREAS, Newberry County Council, as authorized by § 4-9-30 of the S.C. Code of Laws, 1976, as amended, and §6-29-760 submitted a matter to the Newberry County Joint Planning Commission relating to the regulation of the use, parking and storage of recreational vehicles, and thereafter received a report from the Newberry County Joint Planning Commission recommendation in the form of a proposed Ordinance which would reduce the regulation of use, parking and storage of recreational vehicles in many areas of the County, including  the RS-1 and RS-2 zoning districts; and

WHEREAS, after holding a public hearing on the Ordinance proposed by Newberry County Joint Planning Commission, and receiving public comments on this issue and on the requirements of the RS-1 zoning district in particular, which is the most restrictive of the residential zoning districts, and after Council members had the opportunity to discuss the matter among themselves both during and after the public hearing, it appears to Newberry County Council that there is a strong need for a new zoning district, in which restrictions against the of use, parking and storage of recreational vehicles would be maintained, and wherein other measures would be instituted to protect both property values and the character of the neighborhoods. Newberry County Council is mindful of the growing attraction of Newberry County for persons who wish to live on or near our recreational lakes and rivers, such as Lake Murray, Lake Greenwood, and the Saluda and Broad Rivers, and that the residential districts in these areas tend to be protected to some extent by subdivision covenants and restrictions, and by stricter building standards and higher lot maintenance standards, including those related to the use, parking and storage of recreational vehicles. From the many comments received by the residents from these planned subdivisions, it appears that there is strong sentiment that a new zoning district be recreated and defined so as to maintain stricter standards prohibiting the use, parking and storage of recreational vehicles, except in narrowly defined circumstances, and further restricting non-residential uses of the properties in these districts; and

WHEREAS, this proposed Ordinance was duly submitted to the Newberry County Joint Planning Commission pursuant to §6-29-760 South Carolina Code of Laws 1976, as amended, for its review and recommendation.  

NOW, THEREFORE, BE IT ORDAINED THAT NEWBERRY COUNTY COUNCIL DOES HEREBY MODIFY AND AMEND CHAPTER 153 OF THE NEWBERRY COUNTY CODE OF ORDINANCES SO AS TO:

1.      Amend Section 153.020, entitled “Establishment of Districts” to amend the table of districts to read as follows:

 

 

The following zoning districts are hereby established.

 

DISTRICT

USES

MINIMUM LOT

AG

Agricultural

5 acres

R-2

Rural

1 acre

 

RS-1

Single Family Residential

With public water and sewer:  20,000 square feet

With individual water or sewer:  1 acre or as directed by DHEC

RS-1A

Single Family Residential

With public water and sewer:  20,000 square feet

With individual water or sewer:  1 acre or as directed by DHEC

RS-2

Single Family Residential

With public water and sewer:  15,000 square feet

With individual water or sewer:  1 acre or greater, as directed by DHEC

RS-3

Single Family Residential

With public water and sewer:  15,000 square feet

With individual water or sewer:  1 acre or greater, as directed by DHEC

RS-4

Single Family Residential

With public water and sewer:  20,000 square feet

With individual water and sewer:  1 acre or greater, as directed by DHEC

RG

General Residential

Single Family:  With public water and sewer:  10,000 square feet.  With public water, individual sewer:  ˝ acre as directed by DHEC.  With individual water and sewer:  1 acre as directed by DHEC.

Multi-family:  12,000 square feet for first dwelling unit; 3,000 square feet for second dwelling unit; thereafter, 2,500 square feet for each additional unit.

LC

Limited Commercial

None

GC

General Commercial

None

LI

Light Industrial

None

BI

Basic Industrial

None

PD

Planned Development District

None

RIV

River Protection Overlay District

None

AP

Airport Overlay District

None

FP

Flood Plain Protection Overlay District

None

 

 

 

 

2.                  Amend Section 153.021(b) by adding the following definition:

a.       RS-1A Single Family Residential District: RS-1A Districts are intended to be single family residential areas, typically in platted subdivisions, with detached or semi-detached units and low populations densities. Use regulation allows education, religious and limited recreational uses which are compatible with the character of the district. Manufactured homes, recreational vehicles and business and commercial operations are generally not permitted. 

b.      Re-numbering or alphabetically labeling each separate definition therein in an appropriate manner, consistent with the organizational plan in the Newberry County Code of Ordinances.

3.                  Add Section 153.096, entitled “RS-1A Single Family Residential District.”

RS-1A   SINGLE FAMILY RESIDENTIAL

 

RS-1A PERMITTED USES

NAICS CODE

NAICS DESCRIPTION

PARKING SPACES REQUIRED

Single family dwelling (except manufactured or modular homes)

814

Private household

2 for each dwelling unit

Public or private school, elementary or secondary, general government facility (except jails)

6111

921, 922

except 92214

elementary & secondary schools;

Justice, public order & safety except jails

611 - Elem & Sec. Schools: 2 per classroom or office, plus 1 for each 4 seats in senior high auditorium.

Kindergarten - 1 per employee, plus one off-street loading space

all other: 1 per 200 sq. ft. floor area

Public park or playground and recreation facilities limited to tennis court, common area non-commercial boat ramp,  swimming pool or golf course

71219

71391

71394

Nature park,

Golf course,

Tennis and Swimming only

1 per 200 sq. ft. of building area plus 4 for each golf hole.

Church, synagogue, temple or place of worship, including, religious education building, parsonage or parish house, off-street parking for members and visitors, recreation facilities, kindergarten or pre-school nursery, in permanent structures

8131

Religious organizations, churches, etc

1 for each 4 seats in main assembly room

Homeowners’ Association operated common area recreational facilities suitable to character of neighborhood , including boat ramp where appropriate. 

Homeowners’ Association operated storage area for recreational vehicle and equipments storage facilities landscaped and fenced so as to be suitable to character of neighborhood.  

Accessory use on same lot with principal use, as follows:

(1)  Private garage for motor vehicle;

(2)  open parking area for motor vehicles may be used for one (1) commercial vehicle per dwelling unit;

(3)  shed for storage of building or lot maintenance equipment;

(4)  barns, silos, outbuildings for agricultural uses and equipment;

(5)  private swimming pool, including deck, bath house or cabana; boat dock, walkway to adjacent            dock or body of water;

(6)  private garden; greenhouse;

(7)  private tennis court; outdoor recreation and picnic facilities.

 

 

 

 

 

 

 

 

RS-1A CONDITIONAL USES

(approved by Zoning Administrator if all conditions are met)

NAICS CODE

NAICS DESCRIPTION

PARKING SPACES REQUIRED

Public utilities, substation, water tower, (See Section 601for communication tower) provided all of the following conditions are met:

(1)  structures enclosed by six (6) foot fence;

(2)  no office, commercial operation or storage of vehicles or equipment is permitted;

(3)  a landscaped strip at least five (5) feet wide is planted and maintained along all exterior lot lines.

22112

2212

22131

Electric, gas,

water, sanitary utilities

1 space

Temporary contractor office and equipment shed, residential construction, provided all following conditions are met:

(1)  used in connection with construction on premises;

(2)  must not cause traffic congestion or nuisance;

(3)  for a term up to one (1) year may be renewed once.

2332

Residential building construction

1 for each 300 square feet of office area

Customary home occupation in single-family dwelling, provided following conditions are met:

(1)    conducted inside dwelling or accessory structure  by resident family members;

(2)    utilizes not more than 25% of total dwelling floor area, or 50% of an accessory building;

(2)     no change in exterior appearance of dwelling;

(3)     no outside display of products;

(4)     no retail sale of products except those made on premise;

(5)     creates no health or safety hazard, noise, offensive emissions, traffic hazard, unsightly condition or nuisance;

(6)    activity is not visibly evident outside dwelling, except for a wall-mounted non-illuminated nameplate not over two (2) square feet in area.

(7)    No outside storage of equipment, inventory, or tools.

(8)    No parking of  trailers or commercial equipment on or adjacent to property, or on streets of zoning district.

 

 

 

 

 

 

RS-1A SPECIAL EXCEPTION

(approved by Board of Zoning Appeals after hearing)

NAICS CODE

NAICS DESCRIPTION

PARKING SPACES REQUIRED

Clustered single-family development

provided the Board of Zoning Appeals determines:

(1)  detached single-family units on minimum of 2 acre development parcel;

(2)  maximum density of three (3) dwellings per acre;

(3)  lot requirements per house may be waived;

(4)  zero interior lot line setback may be allowed;

(5)  Subdivision regulations are met;

(6)  adequate provision for access and traffic safety;

(7)  the use is compatible with the district.

N/A

Private household

2 for each dwelling unit

 

 

 

4.                  Add Section 153.097, entitled “RS-1A Single Family Residential District Regulations.”:

RS-1A Single Family Residential District Regulations

 

Minimum residential lot area

With public water and sewer: 20,000 square feet

With individual water or sewer: 1 acre or greater, as directed by DHEC

Minimum lot area for nonresidential uses

Utility substation and water towers: 10,000 square feet.

Other: 1 acre

Minimum lot width at front building line

With public water and sewer: 70 feet

Other: 130 feet

Minimum front yard depth

For lots fronting on SC and US routes, see Section 602;

25 feet from all other road right-of-way

Minimum setback from second street frontage:

Side street on corner lot - 12 feet

Rear street on a double frontage lot: 50 feet

Minimum side yard               

Seven (7)feet from interior side lot line

Minimum rear yard

Principal structure: 20 feet from interior rear lot line

Accessory structure: 6 feet from interior rear lot line

Minimum setback from pre-existing Commercial, Industrial, or Agricultural use

One-half of the applicable setback from a residential district specified for uses in the Commercial, Industrial or Agricultural District regulations

Minimum setback from lake shore

No minimum setback except that which is required by State and Federal agencies, or set by entity charged by law with regulating lake activities; provided, however, in the case where adjacent property or properties are developed, the setback shall not be less than the average of the setback from the high-water mark on the adjacent property or properties.

Visibility requirements

Corner lot: no obstruction between the heights of 3 feet and 10 feet above finished street level within 15 feet of intersection of road right-of-way lines

Private drive: no obstruction above the height of 30 inches with 10 feet of road

Off-Street parking

See supplemental regulations

Signs

See supplemental regulations

Supplemental regulations

See §§ 153.1110 et seq.

 

 

 

 

 

 



5.                  Amend §153.111(A)(1) so that it will read:

(1) In residential districts RS-1, RS-1A, and RG, a free-standing pole with height not exceeding 100 feet is a permitted special exception pursuant to division (E) below.

 

6.                  Amend § 153.161(A), entitled “Permitted Signs,” to add RS-1A, so that the amended portion will read:

(A)   R-2, RS-1, RS-1A, RS-2, RS-3 and RG Districts. 

      [Remainder of subparagraph (A) is unchanged.] 

 

            AND IT IS SO ORDAINED by Newberry County Council this 4th day of June, 2008 in meeting duly assembled at Newberry, South Carolina.

olina.

 

            NEWBERRY COUNTY COUNCIL

            (SEAL)

By:__________________________

      Henry B. Summer, Chairman

Attest:

___________________________

Susan C. Fellers, Clerk to Council

 

1st reading:            March 19, 2008                            

Public Hearing:           June 4, 2008                            

2nd reading:            May 21, 2008                            

3rd reading:            June 4, 2008                            

 

 

 

Reviewed and approved as to form:

 

 

____________________________________________

A.J. Tothacer, Jr., County Attorney

 

 

____________________________________________                                                       

Wayne Adams, County Administrator