§ B. SPECIFIC CONDITIONS AND STANDARDS FOR CONDITIONAL USES AND SPECIAL EXCEPTIONS.  


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  • 5.b.1.

    Criteria for Review: The following guidelines and criteria shall be implemented by the Zoning Administrator and/or the Sumter City-County Zoning Board of Appeals if a case is referred to the Board by the Zoning Administrator. Additionally, the Board shall be guided by 1.h.4.c. of the Zoning Ordinance in addition to the requirements set forth herein:

    a.

    That ingress and egress to the proposed use be provided with reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access in case of fire or catastrophe, such as not to be detrimental to existing or anticipated uses, either adjacent to or in the vicinity of the proposed use;

    b.

    The off-street parking and loading areas, where required or proposed by the applicant, be designed and provided in harmony with adjacent properties;

    c.

    That refuse and service areas be adequately screened so as not to be visible from adjacent property or public rights-of-way and shall be located in such a way as not to create a nuisance to adjacent properties;

    d.

    That screening, buffering or separation of any nuisance or hazardous feature be provided with reference to type, dimensions and character, and be fully and clearly represented on the submitted plans, to protect adjacent properties;

    e.

    That proposed signs and exterior lighting be provided so as not to create glare, impair traffic safety, or be incompatible with adjacent properties;

    f.

    That the affected site shall be suitable in terms of size, shape and topographic conditions to accommodate the proposed use, building or project and to insure compatibility and the safety and welfare of area residents;

    g.

    Home Day Care as a Home Occupation - The following Conditional Use process will be used for initial review of this use and anytime the number of children receiving care exceeds six out-of-home children:

    1.

    The home day care applicant will contact all abutting property owners, including those properties across the street, and provide them details of the proposed home occupation of home day care and the number of children involved. 75 percent of those property owners must agree to the proposed use.

    2.

    The approval document and DSS forms will be submitted with the Conditional Use Request and Fee.

    3.

    If the number increases from at or below 6, the above process will be repeated.

    4.

    Appeals of the Conditional Use will be filed in accordance with this regulation.

    h.

    Mini-Warehouses (SIC Code 4225): The following conditions apply to all mini-warehouse sites for conditional use approval:

    1.

    A paved transition surface for the public road to at least the security gate of the site or at least 50 ft.

    2.

    A minimum of a 3-inch gravel surface for all spaces between buildings or at least 20 ft. in width.

    3.

    Paved parking places for any office or other commercial space that is not storage at 1 space per 200 square feet of GFA.

    4.

    Handicap parking will have at least one van-accessible paved space no matter the surface used. Any additional required spaces will be based on current ordinance requirements.

    5.

    A Storm Water and Erosion Control Permit from the Sumter Soil and Water Conservation District and drainage away from the storage area access doors.

    6.

    Buffering and screening to allow compatibility with adjacent uses.

    7.

    A minimum six-foot security fence and controlled access gate for the site.

    8.

    Landscaping with canopy trees at the same criteria as a fully paved mini-warehouse site.

    i.

    Cemeteries: The following conditions apply to all cemetery sites for conditional-300 use approval (NOTE: Cemeteries can be conditionally permitted on separately platted parcels or in conjunction with a religious use or on private property within the specified zoning districts):

    1.

    Applicant shall obtain signatures of approval from at least 75% of the property owners and/or tenants within 300 ft. of the cemetery boundaries where the proposed use shall be located.

    2.

    Proposed cemetery sites must meet the minimum development standards for the zoning district in which it is to be located to include: minimum lot size and all setbacks for non-residential use.

    3.

    A site plan is to be submitted with the application showing:

    a.

    Parcel boundary;

    b.

    Plot layout;

    c.

    Ingress & egress;

    d.

    Landscape Buffering and any proposed privacy/security fencing.

    4.

    Accommodations for Perpetual care and maintenance must be provided for.

    5.

    Commercial Cemeteries must meet all required development standards.

    (Ord. No. 06-628, 12-12-2006)

    5.b.2.

    Enumeration of Certain Hazardous and/or Potentially Disruptive land Development Activities: As per 5.a.1.c. above, the following uses shall be reviewed by the Sumter City-County Board of Appeals, and if approved shall be classified as a permitted special exception.

    a.

    Stock Yards, Poultry Houses, Commercial Kennels, Slaughter Houses, and Animal Auction Houses (SIC Codes 0211, 025, 0752, 2011, 2015, and 5154);

    b.

    Mining and Extraction Operations (SIC Code 10);

    c.

    Telecommunications Towers (SIC Code 48);

    d.

    In addition to the normal review, siting review will include an Environmental Impact Analysis and disclosure of emergency procedures:

    1.

    Sewage Treatment Plants (SIC Code 49);

    2.

    Electric Substation (SIC Code 49);

    3.

    Jails & Correctional Facilities (SIC Code 9223);

    e.

    Hazardous Waste and Nuclear Waste Disposal Sites (SIC Code 4953);

    f.

    Resource Recovery Facilities, Solid Waste Storage and Transfer Facilities, Waste Tire and Treatment Sites, Composting Facilities, and Incinerators (SIC Code 4953);

    g.

    Sanitary Landfills and Inert Dump Sites (SIC Code 4953);

    h.

    Drinking Places (SIC Code 5813);

    i.

    Liquor Stores (SIC Code 592);

    j.

    Adult Uses and Tattoo Parlors (SIC Code 7299);

    k.

    Salvage, Recycling and Junk Yards (SIC Code 7389);

    l.

    Vehicular Race and Testing Tracks (SIC Code 7948);

    m.

    Amusements and Recreations (not classified). This includes but is not limited to Bingo Parlors, Pool Halls, and Pistol, Rifle, or Skeet Shooting Range (SIC Code 7999).

    5.b.3.

    Special Design Review Criteria for Applicable Items in 5.b.2: Due to the unusual nature of some of the operations associated herein, the following shall be required of the development and/or included in any review process:

    a.

    Sanitary Land Fills and Inert Dump Sites (SIC Code 49):

    1.

    No such uses shall be located within one thousand (1,000 ft.) feet (measured in a straight line) of any existing residential, religious, educational, medical, or public use;

    2.

    An engineering firm with specific land fill expertise shall render a written opinion that, to the best of their professional judgment, the rock formations and/or artificial liners being used to contain the waste are impermeable and that the surrounding ground water sources will not be contaminated. A permit from the South Carolina Department of Health and Environmental Control (DHEC) shall accompany the zoning application;

    3.

    A drainage and sedimentation plan shall accompany the request, showing offsite run-off;

    4.

    The facility shall be effectively buffered and screened in accordance with an approved method sanctioned by the Zoning Board of Appeals upon the recommendation of the Zoning Administrator.

    b.

    Hazardous Waste and Nuclear Waste Transfer, Storage, and Treatment and/or Disposal Sites (SIC Code 4953):

    1.

    Shall be located no closer (measured in a straight line) than one thousand (1,000 ft.) feet to any existing residential, recreational, religious, educational or public use; no closer than one thousand five hundred (1,500 ft.) feet to any navigable stream (measured in a straight line), no closer than two thousand five hundred (2,500 ft.) feet to any lake, pond or reservoir used or scheduled to be used as a direct or connecting source of public drinking water, and disallowed in any water source, wetlands or flood plain areas;

    2.

    The facility shall be effectively buffered and screened in accordance with an approved method sanctioned by the Zoning Board of Appeals upon the recommendation of the Zoning Administrator;

    3.

    The zoning application shall be accompanied by an environmental impact statement, prepared by an engineering firm with specific expertise in environmental safety and environmental quality issues and approved by the South Carolina Department of Health and Environmental Control (DHEC);

    4.

    In the zoning application written documentation shall be submitted disclosing the hazardous waste materials to be handled and the approximate quantity to be accommodated over the life of the facility;

    5.

    The applicant shall comply with all requirements imposed by the Zoning Board of Appeals on the property in the final adjudication of the submitted application.

    c.

    Vehicular Racing and Testing Tracks (SIC Code 7948):

    1.

    No such use shall be located within one thousand five hundred (1,500 ft.) feet of any residential use (measured in a straight line);

    2.

    The proposed facility shall have direct access off of a paved road meeting the criteria of a collector or arterial road.

    d.

    Mining and Extraction Operations (SIC Code 10):

    1.

    A zoning permit application shall be accompanied by a reclamation and reuse plan once mining operations are completed. Also, an approximate operating schedule shall be submitted with the zoning permit application which shall include times when explosives will be used.

    2.

    Mining and extraction operations shall not be located less than three hundred (300 ft.) feet from any residential use. When explosives are to be used the minimum distance shall become two thousand five hundred (2,500 ft.) feet. If a modification to the distance regulation is approved by the Zoning Board of Appeals, then specific measures shall be established to mitigate the affects of mining and extraction operations.

    3.

    Access to a mining or extraction site shall be from a paved road meeting the criteria of a collector or arterial road.

    4.

    Mining and extraction uses that are nonconforming but which were previously permitted by agencies of the State of South Carolina prior to the enactment of this ordinance, or mining and extraction activities, or business on such parcel or contiguous parcel where the mineral or the surface rights which are under the same ownership or control on the date of passage of this ordinance shall be exempt from the requirement of this section.

    e.

    Drinking Places (SIC 5813):

    1.

    This use shall not be within 300 feet (measured in a straight line from structure to structure) of a residential use, church, school, or public playground on a separately plotted parcel.

    2.

    A six-foot fence that is a visual screen will be installed to separate this use from residential uses.

    f.

    Outdoor Pistol, Rifle or Skeet Range (SIC 7999):

    1.

    The site shall not be located within one thousand (1,000 ft.) feet (measured in a straight line) of any residential use, nor within two thousand five hundred (2,500 ft.) feet (measured in a straight line) at and between a 45 degree angle on either side of the direction of fire, of any residential use on the down-range side of said use.

    2.

    The site shall be oriented away from habitable areas.

    g.

    Stockyards, Poultry Houses, Commercial Kennels, Slaughter Houses, and Animal Auction Houses (SIC Codes 0211, 025, 0752, 2015, and 5154):

    1.

    The referenced use shall not be located closer than one thousand (1,000 ft.) feet (500 ft. from commercial kennels) to any adjacent residential use on a separately platted parcel of land under separate ownership.

    h.

    Adult Uses (SIC Code 7299):

    1.

    Purpose and Intent: It is the purpose of this Article to regulate sexually oriented businesses, to promote the health, safety, morals, and general welfare of the citizens of the county and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within Sumter County. The provisions of this Article have neither the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this Article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Article to condone or legitimize the distribution of obscene material.

    2.

    The referenced use shall not be located within one thousand (1,000 ft.) feet of a residential use, church or religious institution, public or private schools and/or educational facilities; public parks and recreational facilities, and any other sexually oriented business.

    i.

    Resource Recovery Facilities, Solid Waste Storage and Transfer Facilities, Waste Tire and Treatment Sites, Composting Facilities, and Incinerators (SIC Code 4953):

    1.

    The referenced uses shall not be located closer than one thousand (1,000 ft.) feet to any residential district, church, school, historical place, or public park, nor within four hundred (400 ft.) feet of an existing residential use not in a residential district. It is further provided however, that any manned convenience center (i.e., re-cycling center) shall not be located within one hundred (100 ft.) feet of any residential use, church, school, historical place or public park, and not within fifty (50 ft.) feet of any property line.

    2.

    Manned convenience center shall have gravel or paved surfaces in all driving, parking and loading areas, and must be located on and have direct access from an arterial or collector road.

    3.

    Manned convenience centers must be entirely enclosed within an eight-foot-high security fence.

    4.

    All uses within this category shall be screened in such a fashion as not to be visible from offsite. Screening may be accomplished by any combination of fencing, walls, berms, or landscaping approved by the Board of Appeals upon the recommendation of the Zoning Administrator.

    5.

    No material shall be placed in open storage or areas in such a manner that it is capable of being transported by wind, water, or other causes.

    j.

    Salvage and Junk Yards (SIC Code 7389):

    1.

    Referenced uses shall not be located closer than five hundred (500 ft.) feet to any residential use, church, school, historical place or public park;

    2.

    That no material because it is discarded and incapable of being re-used in some form shall be placed in open storage;

    3.

    That no material shall be placed in open storage in such a manner that it is capable of being transported by wind, water, or other causes;

    4.

    That all paper, rags, cloth and other fibers, and activities involving the same materials, other than loading and unloading, shall be within fully enclosed buildings;

    5.

    All materials and activities not within fully enclosed buildings shall be enclosed by a structure approved by the Board of Appeals upon the recommendation of the Zoning Administrator.

    k.

    Video Poker (Video Games - Coin-operated Amusement Devices with payout):

    1.

    Principal Use:

    a.

    1 (one) parking space per 50 sq. ft. Gross Floor Area (GRA).

    2.

    Accessory Use:

    a.

    5 (five) or less machines;

    b.

    At least 2,000 sq. ft. of Gross Floor Area (GFA);

    c.

    Less than forty percent (40%) of gross income from machines;

    d.

    Located in zoning districts where the principal use is a permitted use or an allowed Conditional Use as defined by the district regulations.

    3.

    For all video games:

    a.

    Machines shall be at least 300 feet (City) or 500 feet (County) from a house of worship, a public or private elementary, middle or secondary school, a public or private kindergarten, a public playground or park, a public vocational or trade school or technical education center, or a public or private college or university.

    l.

    Tattoo Parlor:

    1.

    The referenced use shall not be located within five hundred (500 ft.) feet [measured in a straight line from property line to property line] of a residential use, church or religious institution, public or private school, public park or recreational facility or any other tattoo parlor.

    m.

    Liquor Stores (SIC Code 592):

    1.

    This use shall not be within 300 feet (measured in a straight line from structure to structure) of a residential use, church, school, or public playground on a separately platted parcel.

    2.

    A six-foot fence that is a visual screen will be installed to separate this use from residential uses.

    n.

    Bingo Parlor/Pool Hall (SIC Code 7999):

    1.

    This use shall not be within 150 feet (measured in a straight line from structure to structure) of a church, school, or public playground that is on a separately platted parcel under different ownership.

    o.

    Jails/Correctional Facilities (SIC Code 9223):

    1.

    Environmental Impact Analysis and disclosure of emergency procedures.

    2.

    Access shall be from arterial roads only.

    3.

    Proper fencing and screening at the property line as well as internal security requirements.

    p.

    Swine/Hog Farms (SIC Code 0213):

    1.

    Use: Any tract or contiguous tract of land in Sumter County devoted to raising animals of the porcine species served by animal waste management systems having a design capacity of 30,000 steady state live weight (SSLW) or greater regardless of the actual number of swine on the farm or 150 animals (whichever is less).

    2.

    Special Use District: Agriculture Conservation (AC) and Agricultural Conservation-10 (AC-10).

    3.

    Exemptions for existing swine farms: Nothing in zoning regulation governing swine farms served by animal waste management systems having a design capacity of 30,000 pounds SSLW or greater or 150 animals (whichever is less), and in existence at the time this zoning amendment is adopted shall:

    1.

    Prohibit the continued existence of the farm,

    2.

    Require the amortization of the swine farm, or

    3.

    Prohibit the repair or replacement on the same site of the swine farm so long as the repair or replacement does not increase the swine population beyond the population that the waste system is designed to accommodate as set forth in its permit issued prior to adoption of the zoning regulations,

    4.

    Setbacks:

    A.

    A swine house or a lagoon that is a component of a swine farm of a design capacity for between 30,000 SSLW (or 150 animals) to 500,000 (2,500 animals) shall be located:

    1.

    At least 1000 feet from any occupied residence, including unoccupied houses listed for sale or rent.

    2.

    At least 1000 feet from any school, hospital, church, outdoor recreational facility, national park, state park, historical property acquired by the state or listed in the National/South Carolina Register of Historic Places, or child care center.

    3.

    At least 400 feet from any property boundary for an agricultural facility and at least 500 feet from any property boundary for a waste lagoon.

    4.

    At least 1200 ft. from any waterway designated as Waters of the State. A Back-up Plan must be ready for lagoon failure.

    5.

    At least 200 feet from any well supplying water to a public or private water system.

    6.

    At least 200 feet from any other well that supplies water for human consumption.

    A1.

    The outer perimeter of the land area onto which waste is applied for a lagoon that is a component of a swine farm shall be at least 0 feet from any boundary of property on which an occupied residence is located, including unoccupied houses listed for sale or rent, and from any perennial stream or river, other than an irrigation ditch or canal and 300 feet from any residence, school, church, hospital, park, etc.

    A2.

    No component of a liquid animal waste management system for which a permit is required shall be constructed on land that is located within the 100-year flood plain unless property protested [properly protected] from flooding.

    B.

    A swine house or lagoon that is a component of a swine farm may be located closer to a residence or a property boundary than is allowed if written permission is given by the owner of the property, recorded with the Register of Deeds and approved during the Special Exception Permit Review process.

    7.

    The setback distances requirement by these Special Exception Permit standards shall not be required with respect to residences or other structures which are built or established after a new or expanded swine farm has been appropriately zoned under this ordinance.

    5.

    A swine house or a lagoon that is a component of a swine farm of a design capacity for a minimum 500,000 SSLW or 2,500 animals shall be located:

    1.

    At least 2,500 feet from any occupied residence, including unoccupied houses listed for sale or rent. This setback shall be increased in direct proportion (percentage) to increases above 500,000 SSLW not to exceed 7,500 feet.

    2.

    At least 2,500 feet from any school, hospital, church, outdoor recreational facility, national park, state park, historical property acquired by the state or listed in the National/South Carolina Register of Historic Places, or child care center. This setback shall be increased in direct proportion (percentage) to increases above 500,000 SSLW not to exceed 7,500 feet.

    3.

    At least 500 feet from any property boundary. This setback shall be increased in direct proportion (percentage) to increases above 500,000 SSLW not to exceed 1,500 feet.

    4.

    At least 1200 ft. from any waterways designated as Waters of the State. A Back-up Plan must be in place for any lagoon failure.

    5.

    At least 500 feet from any well supplying water to a public or private water system. This setback shall be increased in direct proportion (percentage) to increases above 500,000 SSLW not to exceed 1,500 feet.

    6.

    At least 500 feet from any other well that supplies water for human consumption. This setback shall be increased in direct proportion (percentage) to increases above 500,000 SSLW not to exceed 1,500 feet.

    A1.

    The outer perimeter of the land area onto which waste is applied for a lagoon that is a component of a swine farm shall be at least 175 feet from any boundary of property on which an occupied residence is located, including unoccupied houses listed for sale or rent, and from any perennial stream or river, other than an irrigation ditch or canal. This setback shall be increased in direct proportion (percentage) to increases above 500,000 SSLW not to exceed 325 feet.

    A2.

    No component of a liquid animal waste management system for which a permit is required shall be constructed on land that is located within the 100-year flood plain.

    B.

    A swine house or lagoon that is a component of a swine farm may be located closer to a residence or a property boundary than is allowed if written permission is given by the owner of the property, recorded with the Register of Deeds and approved during the Special Exception Permit Review process.

    7.

    The setback distances requirement by these Special Exception Permit standards shall not be required with respect to residences or other structures which are built or established after a new or expanded swine farm has been appropriately zoned under this ordinance.

    5.

    Control of Odor Emissions: The applicant shall submit plans for odor control for swine operations including relevant information pertaining to prevailing winds over the site.

    6.

    Emergency Number Posted: The operator of a swine farm shall post at the entry to the swine farm and on the door of the most prominent confinement building the emergency contact names and telephone numbers of the following: (1) owner; (2) operator; (3) other agent of the owner/operator; (4) Division of Water Quality Emergency Number; and (5) Sumter County Health Department. The posting shall be made and maintained in a manner such that it remains readable and protected from the elements on a continual basis.

    7.

    Conflict with Other Laws and Regulations: The provisions of any federal or state law or regulation establishing standards affording greater protection to the public health, safety, and general welfare, or the surface and ground water resources of the state shall prevail within the jurisdiction of Sumter County and shall prevail over the standards of this Swine Farm Special Exception Permit. Relevant information required for appropriate state and federal applications shall also be provided during the Special Exception Permit application and review process.

    8.

    Definitions: When used in the Swine Farm Special Exception Permit, the following words or phrases shall have the meaning assigned.

    1.

    Animal Waste means swine excreta or a mixture or excreta with food, bedding, litter, carcasses, or other materials generated from a swine farm's lagoon in a liquid form.

    2.

    Animal Waste Management Plan means a plan to properly collect, treat, store, and/or apply animal waste to the land in an environmentally safe manner and approved according the procedures established by the South Carolina Department of Environmental Control.

    3.

    Animal Waste Management System means a combination of structural and nonstructural practices which will properly collect, treat, store, and/or apply animal waste to the land such that no discharge of pollutants occurs to surface waters of the state by any means except as a result of a storm event more severe than a 25-year, 24-hour storm.

    4.

    Confinement Building means any structure used to confine, maintain, feed, or grow swine in which animal waste collects naturally or must be collected for storage.

    5.

    Drainage Ditch means any waterway or culvert whose purpose is to convey water.

    6.

    Existing Swine Farm means a swine farm in actual operation and which was stocked with swine on the effective date of this ordinance.

    7.

    Expanding Swine Farm means a swine farm in actual operation whose animal waste management system is being expanded or replaced, in whole or in part, to serve a swine population greater than that which the farm's existing animal waste management system is designed to serve.

    8.

    Ground Water means those waters in the saturated zone of the earth.

    9.

    Lagoon means a confined body of water used to hold animal by-products including bodily waste from animals or a mixture of waste with feed, bedding, litter, or other agricultural materials.

    10.

    New Swine Farm means a swine farm which is stocked with swine for the first time after the effective date of this ordinance.

    11.

    Operator means any person, firm, corporation, limited liability company, or other entity which owns or operates a swine farm within Sumter County. Operation includes management of, or contracting or management of, a swine farm, ownership of swine on a swine farm in Sumter County, and ownership of the facility into which swine are raised.

    12.

    Properly Constructed Well means a well that is constructed and meets the requirements of the South Carolina Department of Health and Environmental Control.

    13.

    Spray Field means an area of land that has been approved in a certified animal waste management plan for the purpose of spraying animal waste, which has been stored in a liquid waste management system that is part of a swine farm.

    14.

    Steady State Live Weight (SSLW) means the average day-to-day total live weight of any animal on the farm during their growth cycle.

    15.

    Surface Water means all waters of the state except underground waters.

    16.

    Technical Specialist means a person designated under rules of the State Soil and Water Conservation Commission to develop and/or certify animal waste management plans.

    q.

    Off-premises Advertising Signs:

    1.

    Maximum size is 378 sq. ft.

    2.

    Must be on a U.S. Highway.

    3.

    Special consideration to be given to signs that replace an existing sign with an area greater than 378 sq. ft. or double faces, and when a sign is being upgraded to a steel monopole.

    r.

    Auto Service Except Repair:

    1.

    Concurrence from at least 2/3 of all property owners within a 300 ft. radius of use location;

    2.

    Vehicle storage shall be located on at least visible portion of the property from all adjacent roads;

    3.

    A 6-ft. security fence to enclose any vehicle storage building (Note: Fence shall be opaque when adjacent property is residential);

    4.

    Parts salvage is NOT permitted;

    5.

    Maximum of 10 vehicles in storage at any time;

    6.

    Minimum parcel size of 2 acres.

    5.b.4.

    Communication Towers and Antennae: These regulations will permit the placement of communication towers and antennae in locations which will allow telecommunication services to be rendered in conformity with the authority specified in the Federal Telecommunications Act of 1996. A communications tower and/or antenna may be treated as a Conditional Use without further review by the Zoning Board of Appeals upon the determination by the Zoning Administrator that all applicable conditions in this ordinance are met. If the Board reviews a case and imposes additional conditions, the use is listed as a permitted special exception after a public hearing as similarly required in 5.a.4.

    a.

    Districts in which communication towers and antennas are conditionally permitted with specified height limitations:

    1.

    Residential: Towers and antennas are always special exceptions in all residential districts subject to 1.h.4.c. of this ordinance and must be approved by the Board of Appeals. If allowed, a free-standing or guyed tower or antenna shall not exceed one hundred (100 ft.) feet in height;

    2.

    Commercial: Free-standing or guyed tower with height not to exceed one hundred eighty (180 ft.) feet, and heights exceeding one hundred eighty (180 ft.) feet requires a Special Exception from the Board of Appeals.

    3.

    Industrial: Free-standing or guyed tower with height not exceeding three hundred twenty (320 ft.) feet is permitted; heights exceeding three hundred twenty feet require a permitted special exception permit from the Zoning Board of Appeal.

    4.

    Conservation: Same as residential.

    5.

    Agricultural Conservation: Same as industrial.

    b.

    Permitted Height Above Structures in All Districts: Tower and/or antenna mounted on buildings, water tanks, or structures other than a free-standing or guyed communications tower must not exceed more than thirty (30 ft.) feet above the highest part of a structure.

    c.

    Variances: Variances from conditions imposed by this Section may not be granted by the Zoning Board of Appeals. However, variances from other general regulations not a part of this section may be granted under standards set forth in 1.h.4.c. of this ordinance.

    d.

    Application Requirements: The applicant for a permit for construction of a communications tower or the placement of a communications antenna on an existing structure other than a tower previously permitted must file with the Zoning Administrator an application accompanied by a fee of five hundred ($500.00) dollars and the following documents:

    1.

    Specifications: One (1) copy of typical specifications for the proposed structure and/or antenna, including description of design characteristics and materials;

    2.

    Site Plan: A plan drawn to scale showing property boundaries, tower location, tower height, guide wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property (note: a site plan is not required if an antenna is mounted on an approved existing structure);

    3.

    Tower Location Map: A current map, or updated existing map showing the location of the applicant's antenna, facilities, existing towers, and proposed towers which are reflected in the public records serving any property within the City and County of Sumter, South Carolina;

    4.

    Antenna Capacity - Wind Load: A report from a structural engineer registered in South Carolina showing the tower antenna capacity by type and number and a certification that the tower is designed to withstand wind in accordance with ANSI/EIA/TIA 222 (latest revision) standards;

    5.

    Antenna Owners: Identification of the owners of all antennae and equipment to be located on site;

    6.

    Owner Authorization: Written authorization from the site owner for the application;

    7.

    FCC License: Evidence that a valid FCC license for the proposed activity has been issued;

    8.

    Visual Impact Analysis: A line of site analysis showing visual and aesthetic impacts on adjacent residential districts;

    9.

    Removal Agreement: A written agreement to remove the tower and/or antenna within one hundred eight (180) days after cessation of use;

    10.

    Conditions Met: Evidence that applicable conditions in subsection 5.b.4.e. are met.

    e.

    Conditions: Applicant must show that all of the following conditions are met:

    1.

    Location and Visual Impact: The proposed tower, antenna or accessory structure will be placed on site in such a manner that it will minimize the visual impact on the surrounding properties;

    2.

    Inability to locate on existing structures: The applicant must show that a proposed antenna and equipment can not be accommodated and function as required by applicable regulations and the applicants' technical design requirements without unreasonable modifications on any existing structure or tower under control of applicant, or to locate on an available and suitable nearby tower at reasonable costs (i.e., at or below local area rent average);

    3.

    Necessity for location in residential district: The applicant must show that the portion of the city and/or county intended to receive coverage cannot be adequately served by a communications tower or antenna placed in a non-residential district for valid technical reasons;

    4.

    Public property or other private property not suitable: Prior to consideration of a permit for location on private property which must be acquired, the applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and the applicant's technical design requirements;

    5.

    Design for multiple use: Applicants must show that a new tower is designed to accommodate additional antennae equal to applicant's present and future requirements;

    6.

    Safety Codes Met: Applicant must show that all applicable health, nuisance, fire, building, and life safety code requirements are met;

    7.

    Paint and illumination: A communications tower must not be painted or illuminated unless otherwise required by state or federal regulations;

    8.

    Distance from existing tower: A permit for a proposed tower site within one thousand (1,000 ft.) feet of an existing tower shall not be issued unless the applicant certifies that the existing tower does not meet the applicants structural specifications and design requirements, or that a co-location agreement could not be obtained;

    9.

    Indemnity and claims resolution: The applicant must show by certification from a registered professional engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the Zoning Administrator a written indemnification of the city or county of Sumter and proof of liability insurance or financial ability to respond to claims up to one million ($1,000,000.00) dollars in the aggregate which may arise from the operation of the facilities during its life, at no cost to the city and county and in a form approved by the City or County Attorneys;

    10.

    Minimum Setback: A tower must be set back from all lot lines by distances equal to the district setback requirement or one hundred (100%) percent of the tower height, whichever is greater;

    11.

    Technical Assistance: Prior to issuing a permit, the Zoning Administrator may make use of professional technical services to determine if the standards in 5.b.4.d. are met;

    12.

    Maintenance: The communications tower shall be maintained by common corrosion control procedures so it continuously maintains a minimum visual impact on surrounding properties.

    f.

    Applicant may appeal to the Zoning Board of Appeals as follows:

    1.

    Failure of the Zoning Administrator to act within thirty (30) days upon the submission of a completed application meeting the requirements in Sections 5.b.4.d. and 5.b.4.e. (unless extended by agreement), which may be consider to be a denial of a permit; and therefore, is the basis for an appeal to the Board.

    2.

    Applicant may appeal for a variance from the general zoning district regulations, setback requirements in this section, but not from any other conditions in this section. Towers exceeding height limitations may be permitted by Special Exception pursuant to Section 1.h.4.c.

    g.

    Special Exception: A tower, pole, or antenna may be permitted by Special Exception together with the findings considered in Section 1.h.4.c. after a public hearing along with the following criteria:

    1.

    All application requirements and conditions imposed by 5.b.4.d. and 5.b.4.e. are met except height limitations and setbacks;

    2.

    If additional tower height is required, the total tower height will not exceed one hundred-fifty (150%) percent of the maximum height permitted in the district. The absolute maximum in residential districts is one hundred (100 ft.) feet. In unincorporated portions of Sumter County, radio and television towers are exempt at the Board of Appeals from tower height limits (this rule does not apply within the corporate limits of the City of Sumter);

    3.

    The applicant has demonstrated that additional height above that permitted by the regulations is necessary for service to occupants of an area within the city or County of Sumter;

    4.

    Setback requirements and additional conditions are established by the Zoning Board of Appeals as it deems necessary to remove dangers to public health and safety and to protect adjacent property;

    5.

    Prior to approving a permit by Special Exception or on appeal from the Zoning Administrator, the Board may make use of professional technical services to determine that the standards in 5.b.4.d and 5.b.4.e. are met.

    5.b.5.

    Manufacturing and Processing Plants: The purpose of this section is to prevent land or buildings from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable or hazardous condition. As a practical matter, the enforcement of this section must result as a response to complaints because a violation cannot be known or remedied before it occurs. Therefore, industries shall be made cognizant of the following provisions and shall be required to sign a "compliance guarantee" as a condition for the issuance of a building permit.

    a.

    Vibration: No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments or at any point beyond the lot line. In industrial parks vibration beyond the lot line within the industrial parks, which only effects neighboring industries or commercial enterprises, shall not be a violation of this ordinance. Vibration emanating from construction activities between 7:00 a.m. and 9:00 shall be exempt from these regulations;

    b.

    Fire and Explosives: All activities and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazards of fire and explosions, including adequate fire fighting and fire suppression equipment;

    c.

    Noise: All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility exceed at the lot line the values established in Exhibits 9 or 10 in any octave band or frequency. Sound pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conforms to specifications published by the American Standards Association.

    d.

    Air Pollution: The emission of visible smoke, dust, dirt, fly ash, particulate matter from any pipes, vents, or other openings, or from any other source into the air, shall comply with the regulations of the Environmental Quality Control Division of the South Carolina Department of Health and Environmental Control (DHEC).

    e.

    Odor: There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at the property line. In industrial parks odor beyond the lot line within the industrial park, which only effects neighboring industries and commercial enterprises, shall not be a violation of this ordinance. Notwithstanding, any process which may involve the creation or emission of any such odor shall be provided with both a primary and secondary safe guard system so that control may be maintained in the event of failure of the primary system.

    f.

    Glare: There shall be no direct or sky reflected glare, whether from floodlights, high temperature processing, combustion, welding or otherwise, so as to be visible in any residence.

    g.

    Fumes and Vapor: There shall not be emission of any fumes or vapors of a noxious, toxic, or corrosive nature which can cause damage or irritation to health, animals, vegetation, or to any form of property.

    h.

    Heat, Cold, Dampness or Movement of Air: Activity which could produce any adverse affects on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted.

    i.

    Toxic Matter: The measurement of toxic matter shall be at the ground level or habitable elevation and shall be the average of any twenty-four (24) hour sampling period. The release of any airborne toxic matter shall not exceed the quantities permitted for those toxic materials currently listed in threshold limit values established by the Department of Health and Environmental control (DHEC).

    j.

    Exterior Illumination: All operations, activities, and uses shall be conducted so as to comply with the performance standards governing exterior illumination prescribed in Exhibit 11. The pattern of light pooling from each light source shall be carefully considered to avoid throwing light on adjacent properties. Light sources visible in residential or medical areas shall comply with light intensities indicated in Column A in Exhibit 11. Light sources visible in commercial or industrial areas shall comply with light intensities indicated in Column B in Exhibit 11.

    5.b.6.

    Compliance Guarantee: The applicant of a permit for a manufacturing or processing plant shall acknowledge in writing his understanding of the performance standards 5.b.5.a through j. The applicant shall also indicate his (her) agreement to conform with such standards at all time. Any violation after the fact as per 5.b.5. shall constitute a violation of this ordinance and shall be treated accordingly.

    EXHIBIT 9

    MAXIMUM PERMISSIBLE SOUND LEVELS

    NIGHT TIME SCHEDULE*

    Frequency band
    (in cycles per second)
    Sound pressure levels (in decibels)
    At non-residential
    lot line
    At residential
    lot line
    20—75 69 65
    75—150 60 50
    150—300 56 43
    300—600 51 38
    600—1,200 42 33
    1,200—2,400 40 30
    2,400—4,800 38 28
    4,800—10,000 35 20

     

    *Maximum permissible sound pressure levels at the lot line for noise radiated continuously from a facility between the hours of 9 p.m. and 7 a.m.

    (Note: Noise radiating from a facility between the hours of 7 a.m. and 9 p.m. shall be the same as in Exhibit 9, except as specified and corrected in Exhibit 10.)

    EXHIBIT 10

    DAY TIME SCHEDULE

    Type of operations character of noise Correction
    in decibels**
    Daytime operation only Plus 5
    Noise source operates less than 20% of any one-hour period Plus 5
    Noise source operates less than 5% of any one-hour period Plus 10
    Noise source operates less than 1% of any one-hour period Plus 15
    Noise of impulsive character (hammering, etc.) Minus 5
    Noise of periodic character (hum, speech, etc.) Minus 5

     

    **Apply to the preceding Exhibit 9 one of the corrections only.

    EXHIBIT 11

    MAXIMUM INTENSITY OF LIGHT SOURCES*
    AS PER 5.b.5.j.

    Column A Column B
    Bare incandescent bulbs 15 watts 40 watts
    Illuminated buildings 15 footcandles 30 footcandles
    Backlit or luminous background signs 150 footlamberts 250 footlamberts
    Outdoor illuminated signs and poster panels 25 footcandles 110 footcandles
    Any other unshielded sources of intrinsic brightness 50 candela per sq. centimeter 50 candela per sq. centimeter

     

    *Illumination shall be measured from any point outside the property. Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.

    5.b.7.

    Flood Hazard Areas: These regulations apply to all Special Flood Hazard Areas, as determined and delineated in The Federal Emergency Management Agency Flood Insurance Rate Maps for the City of Sumter and the unincorporated areas of Sumter County dated February 16, 2007. Future Revisions become effective on map date or as soon as received, whichever is later.

    a.

    Development Standards for New Construction, Manufactured Homes, and Substantial Improvements:

    1.

    Structures shall be anchored to prevent flotation, collapse or lateral movement;

    2.

    Structures shall be constructed with materials and utility equipment resistant to flood damage;

    3.

    Shall be constructed by methods and practices that minimize flood damage;

    4.

    Structures shall have all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

    5.

    Whenever any portion of a floodplain or floodplain fringe area is used, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation. All such excavations shall be constructed to drain freely to the watercourse;

    6.

    New buildings must be constructed on properly designed and compacted fill that extends beyond the building walls before dropping below the base flood elevation (BFE), and has appropriate protection from erosion and scour. The design of the fill must be approved and certified in writing by a South Carolina Registered Civil Engineer;

    b.

    New and Replacement Water Supply Systems: Such systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

    c.

    New and Replacement Sanitary Sewerage Systems: Such uses shall be designed to minimize or eliminate infiltration of flood waters into systems and discharges from the systems into the flood waters;

    d.

    On-site Waste Disposal Systems: Such uses shall be located and constructed to avoid impairment to them on contamination from them during flooding;

    e.

    Residential Uses:

    1.

    All new construction or substantial improvements of any residential structure with base flood elevation shall have the lowest floor, including basement, no lower than two (2) feet above the base flood elevation, should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of flood water shall be provided in accordance with 5.b.7.d.;

    2.

    All new construction or substantial improvements of any residential structure without base flood elevation shall have the lowest floor, including basement, no lower than three (3) feet above the highest adjacent grade, should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of flood water shall be provided in accordance with 5.b.7.d.;

    f.

    Non-residential Uses: New construction or substantial improvement of any non-residential structures:

    1.

    With base flood elevation, shall have the lowest floor, including the basement no lower than two (2) feet above the base flood elevation; or,

    2.

    Without base flood elevation, shall have the lowest floor, including the basement no lower than three (3) feet above the highest adjacent grade; or,

    3.

    May be flood proofed in lieu of being elevated provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A South Carolina Registered Architect or Civil Engineer shall certify that the standards of 5.b.7.e.2. are met;

    g.

    Elevated Buildings: New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by the foundation and other exterior walls below the base flood elevation shall be designed to allow the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. A South Carolina Registered Architect or Civil Engineer shall certify that 5.b.7.f. is met. Also:

    1.

    That a minimum of two openings have a net area of not less than one square inch for every square foot of enclosed area subject to flooding;

    2.

    The bottom of all openings shall be no higher than one foot above grade;

    3.

    Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;

    h.

    Swimming Pools: All pools, both above and below ground, located within the flood fringe of the SFHA must be designed and constructed to prevent floatation, collapse and lateral movement under flood conditions. Pools are not allowed in a mapped regulatory floodway or in any other floodway as established by Ordinance. And in no case shall pools be allowed within twenty-five feet of the top of bank of a stream;

    i.

    Utility Connections: Electrical, plumbing, and other utility connections are prohibited below the base flood elevation;

    j.

    Parking and Storage: The utilization of enclosed areas shall be the minimum necessary to allow for vehicle parking or limited storage of maintenance equipment used in the connection with the use of the premises;

    k.

    Finished Construction: The interior portion of enclosed areas below the first floor elevation shall not be partitioned or finished into separate rooms;

    l.

    Guidelines for Streams without Established Base Flood Elevations: Where no base flood elevation data have been provided, the following shall apply:

    1.

    No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to two (2) times the width of the stream at the top of the bank or twenty feet of each side, which ever is greater;

    2.

    New construction or substantial improvements of structures shall be elevated or flood proofed in accordance 5.b.7.e. and f. 1. & 2.

(Ord. No. 06-629, 01-09-2007)