§ 14.0. General provisions.
14.1.
Land, water, and air pollution. All uses must satisfactorily comply with the requirements of the state Department of the Health and Environmental Control (DHEC), as well as the Anderson County Board of Health regarding the protection of land, water, and air from damaging pollutants such as dust, smoke, solid waste, waste water, and any other waste materials.
14.2.
Street access. Except as herein provided, no building shall be erected, constructed, moved, or relocated on a lot that does not have direct access on a publicly-dedicated, publicly-accepted or publicly-maintained street with a right-of-way of not less than 30 feet.
14.3.
Corner lots. For corner lots, the two street frontages shall be considered front yards and the two remaining shall be considered side and rear based upon the orientation of the front of the house.
14.4.
Determination of buildable area. The required front, side, and rear yards 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 yard 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 yard, shall be known as the "buildable area."
14.5.
Location of buildings on lot of record. Every building or use hereafter erected or established shall be located on a lot of record, and every one- and two-family dwelling, except as herein provided, shall also be located on an individual lot of record. In all cases, the principal buildings on a lot shall be located within the buildable area formed by the building setback lines of the district in which the use is located, and in no case shall such buildings infringe on space outside the buildable area described above and into the respective front, side, and rear yards, or other setbacks required for the district in which the lot is located.
14.6.
Double frontage lots. On lots having frontage on two streets, but not located on a corner, the minimum front yard shall be provided on each street in accordance with the provisions of the district in which the lot is located. On lots having frontage on more than two streets, the minimum front yard shall be provided on all street frontages in accordance with the provisions of the district in which the lot is located.
14.7.
Exception to yard requirements.
A.
Front yard. The setback requirements of this ordinance shall not apply to any lot where the average setback of already-built lots, located wholly or in part within 100 feet of each such lot and within the block and zoning district and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on the 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.
B.
Rear yard. Porch steps, handicapped ramps, and fire escapes may project into a rear yard for a distance not exceeding ten feet.
C.
Additional setbacks. Any and all new construction, new development or redevelopment, expansion, or modification of property and/or structures or buildings shall be required to maintain 15 feet of front yard in addition to the front yard requirements of the particular zoning district when such activity occurs on property and/or structures or buildings located on or accessing any street in the adopted ANATS Annual Element, adopted Transportation Improvement Plan (TIP), and the adopted ANATS 20-year plan, as well as the following streets:
Bleckley Street, Calhoun Street, Calhoun Street Extension, Clemson Boulevard, Concord Road, Club Drive, Cornelia Road, Main Street, Mall Road, East North Avenue, West North Avenue, Mauldin Street, SC Highway 81 North, West Market Street, West Whitner Street, River Street, Plantation Road, Whitehall Road, Reed Road, Simpson Road, Marchbanks Avenue, Greenville Street (north of Boulevard).
14.8.
Nonconformities.
A.
Buildings or uses. Nonconforming buildings or uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. However, to avoid undue hardship, the lawful use of any building or activities present at the time of the enactment of this ordinance may be continued even though such use does not conform with the provisions of this ordinance except that the nonconforming building or land use or portions thereof, shall not be:
1.
Changed to another nonconforming use;
2.
Reused or reoccupied for the same nonconforming use after discontinuance of use or occupancy for a period exceeding four consecutive months;
3.
Re-established, re-occupied, 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 this ordinance;
4.
Repaired, rebuilt, or altered after damage exceeding 50 percent of its replacement cost at the time of destruction or damage. Reconstruction or repair, when legal, must begin within four months after damage is incurred;
5.
Enlarged or altered in a way which increases its nonconformity.
Nothing in this section shall be meant to prevent ordinary maintenance, or 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.
B.
Nonconforming signs. In a residential or commercial district where any sign does not comply with the provisions of this ordinance, such sign and any supporting structures may be maintained, but shall not be replaced, reconstructed, moved, structurally altered, repainted, or relighted except in compliance with the provisions of this ordinance, and may continue in use unless subject to removal under other provisions of this ordinance. Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as loss of nonconforming status. Supporting structures for nonconforming signs may continue in use for a conforming sign if said supporting structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances. No permits for additional signs shall be issued for any premises on which there are any nonconforming signs.
14.9.
Home occupation. A home occupation shall be permitted in any residential district, provided such occupation:
1.
Is conducted by no other person than members of the household residing on the premises;
2.
Utilizes not more than 25 percent of the total floor area of the principal and accessory buildings;
3.
Produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling;
4.
Is compatible with a quiet residential environment;
5.
Involves no display of product visible from the street;
6.
Creates no disturbing or offensive noise, vibration, smoke, dust, odor, glare, traffic hazard, unhealthy or unsightly condition;
7.
Is limited to professional services or as an office use for off-site sales or services. Professional services are defined as any service offered for a fee. The primary activity of a home occupation shall not be on-site retail sales, manufacturing or assembly;
8.
Prior to receiving a business license, a home occupation permit shall be completed and approved by the zoning administrator;
9.
Annual renewal of the home occupation permit shall coincide with business license renewal, and shall consist of completing a home occupation permit and undergoing review by the zoning administrator.
14.10.
Accessory uses. Accessory uses may be located in the required side and rear yards. However, [accessory uses] may not occupy more than 30 percent of such yards, measured from the interior building lines. No accessory use may be located closer than three feet to any property line.
14.11.
Visibility at street intersections and private drives. In all zoning districts established by this ordinance, except the Central Business District (CBD), no fence, wall, terrace, sign, shrubbery, planting or other structure or object capable of obstructing driver vision shall be permitted on a corner lot within 15 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. (See section 12.7(C) of this ordinance.)
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 42 inches to ten feet above roadway grade shall be erected, planted, placed or maintained within ten feet of such intersection.
14.12.
Modifications to height limits. The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, silos, chimneys smokestacks, conveyors, roof signs, flag poles, masts and aerials, provided [that] 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.
Public, semi-public and public service buildings, institutions, and schools, when permitted in a residential district, may be erected to a height exceeding the height limitations of the district when the required side and rear yards are increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located.
Single-family residential dwellings may be erected to a height exceeding the height limitations of the district in which such dwelling is located, provided that the required side and rear yards are increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the dwelling is located. For such modifications, this regulation supersedes the regulation governing number of stories as found within the particular district regulations.
14.13.
Parking, storage, or use of campers, recreation vehicles and equipment. No campers, recreational vehicles, or recreational equipment shall be stored on any lot in a residential district closer to the street than the front line of the principal building; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading and unloading. The parking of such equipment shall be in observance of all setback, yard, and other requirements pertaining to accessory uses set forth within the residential district in which the use is located. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot.
14.14.
Parking and storage of vehicles. It shall be unlawful for any person, partnership, corporation, or other legal entity to permit, park or store a truck, automotive vehicle, recreational vehicle, or trailer of any kind or type, which is not operable and which does not display a lawful and current license tag, on any residentially zoned property within the municipal corporate limits except within a completely enclosed building or covered by a manufactured automobile cover designed specifically for automobile coverage. This excludes bona fide classic automobiles undergoing restoration that are covered with factory-made automobile covers, and trailers not required by law to display a license tag. Vehicles legally registered in another state must display the current license tag of that state.
14.15.
Manufactured housing standards. The purpose of this provision is to establish minimum standards by which manufactured housing (mobile homes) must comply in order to be located on individual parcels of land within a Residential General (RG) District or Planned Development District (PDD). These requirements are established to ensure that manufactured housing (mobile homes) meets appearance and dimensional criteria which will protect and preserve the character values of those residential areas. Additionally, the intent of this provision is to increase the housing opportunity for individuals and families with low to moderate income.
14.15.1.
A manufactured home is defined as any dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying it is built in compliance with the federal Manufactured Home Construction and Safety Standards (24 CFR 3280).
14.15.2.
All manufactured homes brought into the City of Anderson or relocated within the city subsequent to the adoption of this ordinance shall be required to be in compliance with each of the following requirements:
(A)
[Such home] shall be constructed so as to meet or exceed all standards set forth by the U.S. Department of Housing and Urban Development which were in effect at the time of construction.
(B)
[Such home] shall be sited and fixed to a continuous, permanent masonry foundation and/or masonry curtain wall (skirt), except that the same shall include the required ventilation and access, in compliance with the S.C. Manufactured Housing Board Standards.
Skirting is required within 30 days of the date of the occupancy, and is to be of solid material such as treated wood, vinyl, metal, or masonry. All materials must be painted or stained with the exception of brick, stone, treated wood or pre-finished materials. Skirting is to be erected in a fashion so as not to create a fire hazard or harbor trash or rodents. Skirting must have an access door, and must be properly vented. Skirting shall be maintained in a good state of repair.
(C)
Stairs, porches, entrance platforms, ramps, or other means of easy entrance and exit to and from the home at all ingress and egress points shall be installed or constructed in accordance with standards set by the South Carolina Manufactured Housing Board, and shall be attached firmly to the primary structure and anchored securely to the ground. Stairs and landing shall be either of a manufactured nature (precast concrete, masonry, or brick), or on site construction of wood or metal, and conform to all building codes.
(D)
Moving hitch, wheels, axles, and transportation lights shall be removed.
(E)
[Such] home shall have a minimum interior floor area of 600 square feet if located within an RG District, and a minimum interior floor area of 900 square feet if located within a PDD District.
14.16.
Group living standards.
14.16.1.
Group home. Such a home is defined by S.C. Code Title 6, Chapter 29, Section 770 and shall not house more than nine mentally or physically handicapped persons, and shall provide care on a 24-hour basis, and be approved or licensed by a state agency or department or under contract with the agency or department for that purpose. Such a home is construed to be a natural family, and may locate in accordance with the S.C. Code.
14.16.2.
Group care/congregate care facility. Such a facility is deemed to be one which houses between nine and 40 mentally or physically handicapped individuals, or one which does not meet the requirements set forth by the S.C. Code for Group Homes. Such facilities must follow the following regulations:
A)
Density. Each facility shall conform with the following standards for lot size and floor area:
Number of residents Minimum net lot area
(in square feet)Minimum heated floor area
(in square feet)For 12 residents 5,000 2,000 For each additional resident up to 40 700 110 B)
Over-concentration. In order to prevent the creation of a de facto social service district and to avoid impacting a residential neighborhood, no group/congregate care facility shall be located within one-half-mile radius (determined by a straight line, not street distance) of another such facility.
C)
Off-street parking. Off-street parking shall be provided in accordance with section 11.1 of this ordinance.
14.17.
Cellular and communications towers.
Definitions.
A)
Communications tower, as used in this ordinance, shall mean a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building. This ordinance is intended to include radio and television towers and antennae.
B)
Telecommunications, as defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
C)
Communications antenna means an antenna operated by a communications provider. This definition does not include receiving antennae, including antennae less than one meter in diameter used for space-based services, for residences; or antennae less than two meters in diameter used in nonresidential areas for space-based services; or antennae legally operated by FCC-licensed amateurs.
D)
Communications provider is any entity required to be licensed by the FCC. A communications provider shall not be considered a utility.
E)
Height of a communication tower is the distance from the base of the tower to the top of the structure.
F)
Distances, for the purposes of this ordinance, unless otherwise defined herein, shall be measured in a straight line between the nearest portion of the proposed communications tower and nearest property line.
14.17.2.
General requirements. General requirements for all structures are applicable to communications towers. All applicable health, nuisance, noise, fire, building, and safety code requirements shall apply in addition to the conditions of this ordinance. Regulations covering visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, signage, storage, and all other general zoning regulations except those specifically superseded by this section shall apply to the use.
14.17.3.
Standards for approval of communications towers.
A.
A communications tower shall be permitted by the building official upon determination that all of the applicable conditions in this ordinance are met.
B.
Location.
1.
Permitted zoning districts—New towers. New communications towers are permitted in the following zoning districts and according to the following standards:
a)
GC General Commercial, LI Light Industrial, and HI Heavy Industrial. Setbacks for towers in these districts are as described in section 14.17.3(H).
b)
Planned Development Districts as approved in the development plan.
2.
Existing towers. Existing towers shall adhere to the registration requirements as described in section 14.17.7 of this ordinance.
3.
Distance from other towers. If the applicant proposes to establish a new tower within 1,300 feet of an existing tower, then the applicant shall submit information that each such tower does not meet the applicant's structural specifications or technical design requirements or that space on such other tower is not available at fair market value. The applicant may present evidence that multiple towers not more than 66 percent of the highest permitted tower height in such district would better serve the public interest. The building official shall afford the owner(s) of such existing tower(s) an opportunity for comment before making a decision.
4.
Co-location.
a)
Any new tower shall be designed to accommodate the principal provider and at least one additional carrier. The applicant shall make unused tower space available at fair market value. The applicant shall furnish information, satisfactory evidence that alternative towers, buildings, or other structures are not available for use within the applicant's tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant's necessary height criteria, or provide a location free of interference from other communication towers.
b)
In any zoning district, existing water tanks, towers, antennae, and similar structures shall be encouraged for consideration of co-location according to the following standards. The maximum height for such is 30 feet above the highest part of the existing tank, tower, antennae, or similar structure. For purposes of this subsection, a tower is not considered a structure on which another tower may be erected.
c)
For GC, LI, and HI districts, the height limitation for communications towers mounted on existing buildings: the maximum height is one-half the height of the existing building or 90 feet, whichever is less.
C.
Height limitations.
1.
GC General Commercial District—225 feet.
2.
Planned Development or Planned Unit Development Districts—as determined in the development plan.
3.
LI Light Industrial and HI Heavy Industrial Districts—300 feet.
4.
All other districts—Prohibited except on existing towers, tanks, and similar structures in which case no tower/antenna shall extend more than 30 feet above the highest part of the existing tower, tank, or similar structure, and in accordance with other sections of this ordinance.
D.
Business license. A communications provider must have a current city business license. If a tower is used solely for noncommercial services, i.e., amateur radio, no business license shall be required.
E.
Tower color. Communications towers shall be light gray, such as properly maintained unpainted, galvanized steel, unless otherwise required by the Federal Aviation Administration.
F.
Tower lighting. Communications towers shall not be lighted unless required by the Federal Aviation Administration or for safety reasons as determined by the building official. Any lighting required by federal authorities shall be shaded to minimize visibility from the ground.
G.
Installation. The tower installation shall meet all applicable FCC rules and shall be operated in accordance therewith.
H.
Yard requirements.
1)
A minimum setback of the greater of (a) the normal setback for the district in which the tower is located, or (b) 25 percent of the tower height, from any residential district and/or use, as measured from the base of the tower. In the case of a tower or structure on a building, the additional setback shall be measured from the base of the building.
2)
No communication tower, except for a tower on an existing building, or a tower to be located in an LI or HI zoning district, shall be located within 50 feet of any public street right-of-way.
3)
In all other cases, a tower must be set back from all lot lines (other than those abutting residential districts as indicated above) distances equal to ten percent of the tower height, or equal to the district setback requirements, whichever is greater.
I.
Signage. No signage is permitted except as is required by applicable state or federal law or regulation. Signs for the purpose of identification, warning, emergency function or contact may be placed as required by standard industry practice.
J.
Screening and landscaping. The purpose of these standards is to screen visual, noise, and/or noncompatible impacts to abutting areas. Required materials include:
1.
[An] eight-foot high wall, fence, or other device along the interior side of the landscaped area.
2.
Evergreen shrubs capable of obtaining a height of five feet shall be planted, with a maximum spacing of five feet around the immediate perimeter of the security fence surrounding the proposed tower and associated structures. Plants shall be at least three-gallon container plants or 24 inches tall at the time of planting. At least one row of evergreen trees with a minimum caliper of 1¾ inches at the time of planting shall be installed, at a maximum spacing of 20 feet within a 50-foot radius of the tower. The building official may waive, in whole or in part, the landscaping requirements if existing natural vegetation provides adequate screening or if, because of physical constraints or characteristics of the site, the landscaping requirements are not feasible. Where the physical constraints or characteristics of the site are such that the landscaping cannot be located as prescribed above, the building official may require that plant materials be placed in another feasible location on the site which would serve to meet the intent of the landscaping requirements.
14.17.4.
Application process.
A.
Any person desiring to obtain a permit for construction of a communications tower shall file a building permit application with the building official and shall submit the necessary plans, specifications, and supplemental information documents as follows in order to facilitate plan review:
1.
A copy of the FCC form 854, Application for Antenna Structure Registration, or the same information in a similar format if the tower is not subject to FCC registration. Any information on said form may be referenced on other documents.
2.
Complete plans and specifications for the proposed communications tower including foundation, wind and ice loading, antennae and appurtenances, and any accessory building(s).
3.
A site plan showing property boundaries, zoning district, setback/yard requirements, latitude and longitude, uses of adjacent property. The site plan also shall indicate the proposed tower location, site elevation, tower height, guy anchors, driveway, parking, fencing/screening, and landscaping.
4.
A map showing all of the applicant's antenna sites that serve the urban area.
5.
A list of other users of the proposed tower. Also include information on the ability of others to co-locate on the proposed tower.
6.
Written authorization from the owner of the site, if the applicant is not the owner.
7.
A copy of the FCC license or other evidence of FCC approval of the proposed installation. If the applicant has not applied for FCC license(s), then the applicant shall indicate what service(s) are to be provided by reference to FCC designation(s). If no FCC license is required, the applicant shall indicate the purpose of the tower.
8.
A checklist covering applicable conditions in this section.
9.
All information required for any other applicable code and any additional information required by the building official for determination that all applicable zoning and other regulations are met.
B.
Requirements for addition or change of antennae to existing structures, including towers.
1.
This section applies to the following cases:
(a)
An antenna to be added to an existing communications tower or other structure by a communications provider not previously using such tower or structure.
(b)
Transfer of ownership of an existing antenna to a provider not already using the communications tower or structure.
(c)
Installation or substitution of an antenna not included in structural/wind load calculations.
2.
Any person subject to this section shall submit an application in the same manner as an application for construction of a new communications tower. Such application shall include only the information required by this section in addition to the permit application, if any, required under the electrical or building codes.
3.
Information required by this section to the extent that such information has changed from previous submittal(s) or is applicable to the use of an existing structure.
4.
Information showing:
(a)
That the additional loading on the tower or other structure will not exceed its design; or
(b)
What changes will be made to the tower or other structure to accommodate the additional antenna(e).
14.17.5.
Plan review process. In accordance with regular building department submittal information and processes.
14.17.6.
Abandonment/cessation of use. A tower that is no longer used for commercial purposes must be removed within one year from the date it is taken out of service.
14.17.7.
Registration. Existing towers shall be registered within 30 days of the effective date of this ordinance. For purposes of this subsection, registration shall mean submission of information as required in this ordinance.
14.17.8.
Appeals. An appeal from the decision of the building official may be taken to the board of zoning appeals by any person aggrieved or by any officer, department, board or agency of the City of Anderson affected by such decision.
Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the building official on behalf of the board a notice of appeal (application) specifying the grounds for such.
The board shall hold a public hearing regarding the appeal and notify all adjacent property owners of such hearing. Upon the hearing of the appeal, any party may appear in person, or by agent, or attorney.
The board's powers, duties, and other regulations shall be the same as those specified in Article 16 of this ordinance, as well as other conditions set forth herein. In making a decision on an appeal, the board shall follow the requirements of the Telecommunications Act of 1996 with particular regard to the provision of "substantial evidence contained in a written record" and, after the opportunity for public input and findings of fact, shall make a decision based on the following criteria:
Applicant has satisfied all requirements and conditions of this ordinance, except for the requirements for which a variance is sought;
Setback requirements and such additional conditions are established by the board as it deems necessary to protect health, safety, and general welfare.
14.18.
Mobile commercial structures. Mobile commercial structures may be permitted in accordance with the conditions indicated below:
1.
A mobile commercial structure is defined as a trailer or mobile home type of structure which has been or may reasonably be equipped with wheels or other devices for transporting the structure from place to place.
2.
A mobile commercial structure shall not be allowed as a permanent commercial or other business structure within the City of Anderson.
3.
A mobile commercial structure may be allowed as a temporary office or shelter incidental to construction or development of the premises but only during the time construction or development is actively underway, but in no case to exceed 18 months without specific approval by city council.
4.
A temporary commercial structure must be located on the property under development or immediately adjoining such property except that no such temporary commercial structure shall be placed upon property zoned as residential. All access, site size, setback and yard requirements for a permanent building will also apply to a temporary mobile commercial structure, but in no event shall such a structure be closer than five feet from a property line.
5.
Persons wishing to use a temporary mobile commercial structure will, prior to bringing the structure into the city, secure from the city's building official a temporary building permit. Prior to issuing a permit, the building official will be satisfied that the requirement is of a temporary nature and that all applicable provisions of the city's ordinances and building codes are met.
6.
In no circumstances shall a mobile commercial structure be used as a dwelling.
14.19.
Bed and breakfast standards. Bed and breakfast inns are permitted in the RA, R-40, R-20, R-15, R-10, R-5, RG, RM-10, and RM-18 zoning districts provided that the following provisions are met:
1.
The inn must be operated by members of the household residing on the premises.
2.
A maximum of one bed and breakfast inn shall be permitted on any parcel.
3.
The inn must be operated in a structure constructed prior to the passage of this ordinance.
4.
The inn shall have no more than four guest rooms.
5.
The inn shall not require any alteration or change in the essential residential character of the dwelling.
6.
The operation of the inn shall involve no exterior storage of materials or supplies.
7.
There shall be no exterior display or signs, except for one on-site sign no larger than five square feet stating the name of the inn.
8.
The inn shall provide at least one parking space on the property for each guest room. Parking spaces shall be located behind the front line of the main structure.
9.
The resident operator of the inn shall keep a current guest register, including the names, addresses, and occupancy dates of all guests.
10.
No guest shall occupy the inn for more than seven consecutive nights.
11.
The inn may only serve meals to registered guests.
12.
The board of zoning appeals must hold a public hearing to determine if the proposed bed and breakfast inn is consistent with a quiet residential environment.
In other districts, the normal zoning requirements apply for bed and breakfast inns.