ARTICLE 4 GENERAL AND ANCILLARY REGULATIONS

Transcription

1 ARTICLE 4 GENERAL AND ANCILLARY REGULATIONS The regulations set forth in this Article are intended to clarify, supplement, or modify the regulations set forth elsewhere in this Ordinance. Section 4.01 Application of Regulations The regulations established herein are declared to be the minimum requirements necessary to carry out the purposes of this Ordinance. These regulations are the minimum standards for all site clearing, development, buildings, structures, or alterations to land or structures within the jurisdiction of this Ordinance. No part of a yard, open space, or off-street parking required in connection with any building for the purpose of complying with the regulations of this Ordinance shall be included as part or all of the required yard, open space, or offstreet parking for another building or structure, except as hereinafter provided. Section 4.02 Exceptions and Modifications 1. Setbacks - Corner Lots The setback from the street upon which the principal building will face shall be the minimum required front yard setback. The setback from the street upon which the side of the building will face shall be established by Table 3 for the use in question. 2. Setbacks - Partially Developed Areas Where the majority of lots in a block fronting on the same side of a street between two intersecting streets are lawfully occupied with buildings having greater or lesser front yard depth than required by these regulations, no building hereafter erected or altered shall vary in the front yard setback by more than five (5) feet from the average depth of said existing front yard setbacks without written approval of contiguous property owners. However, in no case shall setbacks be less than 15 feet. 4-1

2 Section 4.03 Measurements 1. Yards, Setbacks, Buildable Area Established Building Lines / Front Yard Reduction Average Setback Normal Required Setback Established/ Existing Buildings The required front, side, and rear yards for individual lots, as set forth for by Table 3 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 lot shall be known as the "buildable" area within which the approved structure(s) shall be placed. 2. Height The height of a building or structure shall be measured from the lowest grade elevation of the structure or from the base of a tree when computing height in the Airport Environ Zones, to the highest point of the building, structure, or tree. Section 4.04Conversion of Residential Property When the conversion of a house to a commercial use is proposed, the house shall be made to meet all applicable codes for commercial buildings. Where a house will be used for a dwelling and a commercial use, that section of the house that will be open to the public shall meet all requirements for a commercial building. All parking, landscaping, buffering, and other requirements of this Ordinance for the commercial use of the property shall be met. 4-2

3 Section 4.05 Transitioning Landuses on Arterial Streets In cases where it is determined by the Planning Department staff that residential landuses along arterial streets are in the process of transitioning to commercial, industrial, and office development, Planning Department staff, upon review and approval of the Planning Director, has the option of reducing the required bufferyard between an existing residential use and a proposed commercial or office use by one bufferyard class increment. The Planning Department staff will utilize the future landuse map of the County Comprehensive Plan to assist in evaluating these transitioning area requests. Section 4.06 Nonconformities Section Continuation (Grandfather Clause) Nonconforming uses, buildings, or structures are deemed by this Ordinance to be incompatible with new permitted construction. Section Types of Nonconformities Land uses may be nonconforming with respect to this Ordinance in the following ways: a. Violates height requirements. b. Insufficient bufferyard. c. Insufficient setback from street right-of-way or property line. d. Excessive density as defined by the floor area ratio. e. Excessive impervious surface ratio. f. Not enough parking or loading spaces. g. Does not conform with respect to the size and spacing of curb cuts. h. Does not conform with respect to entrance/exit spacing. i. Does not conform with respect to access to the street system (road classification system). Except as otherwise provided nonconforming uses may not be enlarged, extended, reconstructed or structurally altered except in compliance with the provisions of this Article. 4-3

4 Section Existing Nonconforming Use (Amended 9/16/2013) 1. Continuation A use that is in existence at the effective date of this Ordinance may continue provided it does not require an increase in the total square footage of buildings or other structures or change to a more intense land use. Such buildings or other structures may be structurally altered or reconstructed as long as the total square footage of such buildings does not increase. Existing mining operations may continue until the existing body of ore or rock is exhausted. 2. Nonconforming Sexually Oriented Business Any sexually oriented business lawfully operating on the effective date of this Ordinance that is in violation of this Ordinance shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, of a use identified on Table 3 within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license, and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked. 4-4

5 3. Nonconforming Manufactured Home Parks This Section shall regulate Manufactured Home Parks which are legal nonconformities. A. Measurement of Period until Required Compliance The period until required compliance for each nonconforming manufactured home park, as described in B., shall be measured from the effective date of May 21, B. Required Conformance of a Manufactured Home Park Any Manufactured Home Park which is a legal nonconformity may be continued for a period of two years, without increasing the degree of nonconformity. After two years, the Manufactured Home Park may continue only through compliance with lighting and garbage removal requirements found in Section (3) and (15). C. General Provisions 1. Abandonment Whenever all manufactured/mobile homes within a Manufactured Home Park are removed or become unoccupied for a continuous period of 12 months, the Manufactured Home Park may be reestablished only through compliance with all the requirements applicable to a new park. 2. Damage If a structure in a legally nonconforming Manufactured Home Park is damaged or destroyed during the period until required compliance, the structure may be repaired or replaced without increasing the degree of nonconformity. After the period until required compliance, a damaged structure may be repaired or replaced only in compliance with Section 3.03 and Vacant Single Non-conforming Structures 4-5

6 A non-conforming structure that has been removed for one year or more may not be replaced unless it can comply with the requirements found in this Ordinance 4. Repairs and Alterations Nothing in this Section shall be deemed to prevent the ordinary maintenance and repair of a structure in a legally nonconforming Manufactured Home Park. However, no alterations are allowed except in compliance with Sections 3.03 and Change in Use If a nonconforming Manufactured Home Park is replaced by another allowed use, and the owner wishes to reestablish the Manufactured Home Park before the 12 month abandonment period for the park elapsed, the reestablished park must comply with all requirements applicable to a new park. 6. Nonconformity and Highway Expansion The relocation of a road right-of-way by the South Carolina Department of Transportation or Spartanburg County Public Works shall not be deemed to create or increase non-conformity with respect to the required setback from the road right-of-way. When a park is located on more than one right-of-way, each of its frontages shall be treated separately under this Section. (Amended 5/21/2012) 4. Non-Conforming Bulk Storage and Distribution Facility for Fuel Products Bulk Storage and Distribution Facility for Fuel Products which are legal nonconformities are subject to the applicable requirements of nonconforming uses and structures found in this Article, except as follows. a. A nonconforming use of this kind may hereafter be replaced or brought back online on the parcel as it existed on September 16,

7 b. The County Fire Marshal must receive an inspection report from the American Petroleum Institute on any bulk storage tank/vessel that is put back into service. 5. Nonconforming Flea Markets This section shall regulate Flea Markets which are legal nonconformities. a. Abandonment If a Flea Market is unoccupied for a continuous period of 12 months, the Flea Market may be reestablished only through compliance with all the requirements applicable to a new Flea Market in Section 3.27 b. Damage If a structure within a legally nonconforming Flea Market is damaged or destroyed during the period until required conformance, the structure, may be repaired or replaced without increasing the degree of nonconformity. After the period until required compliance above, a damaged structure may be repaired or replaced only in compliance with Section c. Repairs and Alterations Nothing in this Section shall be deemed to prevent the ordinary maintenance and repair of a structure in a legally nonconforming Flea market. However, no alterations are allowed except in compliance with Section (Amended 4/15/2013) 6. Nonconforming Scrap Metal Processors a. Existing Scrap Metal Processors in operation on 2/17/2013 shall be exempt from Section 3.29 and allowed to continue operation, but only as to such Existing Scrap MetalProcessors locations which are in operation on 2/17/2013 or which have final site plan approval on 2/17/2013 and which commences operation within six months after theeffective date. Where theexisting Scrap Metal Processor sproperty abuts or adjoins residential property, school property,church property, or recreational property or parks and alongthe front of public roadways, the Existing Scrap Metal Processor shall remain subject to and comply with all the fencing and screening requirements of Section

8 b. An Existing Scrap Metal Processor shall be allowed to expand its land area by 20 percent onto contiguous properties and shall be exempt from the requirements of Section except the following subsections of Section : subsection 11 (Screening) andsubsection 12 (Health and Safety). c. Existing Scrap Metal Processors wishing to expand in excess of 20 percent may request a variance from the Planning Commission. d. If an Existing Scrap Metal Processor closes, it must re-open within twelve (12) months or else it must comply with the provisions of Section 3.29 in order to re-open. (Amended 2/17/2014) Section Intermittent Use The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. Section Change of Nonconforming Use Land uses existing on the effective date of this Ordinance may expand to any size provided the use can meet setback, bufferyard and parking requirements of this Ordinance. A change to a more intense land use or movement of buildings/structures on site may be permitted if the new or relocated use can meet bufferyard, setback requirements, parking requirements, curb cut size and spacing requirements, and entrance/exit requirements if applicable. Section Replacement of Nonconforming Use A use that is destroyed beyond 50 percent of the fair market value immediately prior to the damage must meet all applicable requirements of this Ordinance in order to rebuild or reconstruct. A use that is damaged 50 percent or less of fair market value immediately prior to the damage may repair or reconstruct such use, provided that repair and reconstruction are completed within twelve (12) months of the 4-8

9 date of damage and provided the use is no greater size or land use intensity. Section Extension of Use within Existing Building The nonconforming use of a building may be hereafter extended throughout those parts of a building which are primarily arranged or designed for such use at the time of enactment of this Ordinance. Section Discontinued Nonconforming Uses If a use which was in existence and occupied on the date of enactment is discontinued for a period of six (6) months or more, it must comply with the Ordinance in as much as it is physically possible to do so in order to reopen. Discontinued for the purpose of this section is defined as the discontinuation of occupancy and utility services which can be clearly documented by the utility provider (i.e., electricity, water, sewer, gas, and telephone). The provisions of this section shall not apply to any residential use. Section Lot of Record Where a lot of record existed before September 30, 1974, or where a lot of record was created in accordance with applicable county ordinances between the dates of October 1, 1974, and December 31, 1999, and does not contain sufficient land to conform to the dimensional requirements of this ordinance or where such lot does not have sufficient frontage on a privately or publicly maintained road or street, such lot may nonetheless be used as a building site for a single-family dwelling or one manufactured home, and the Building Official is hereby authorized to issue a permit for the use of the property which conforms to the requirements (setbacks, heights, bufferyards, parking, etc.) established in Table 3 of this Ordinance. Applicable setback requirements shall not be reduced by more than twenty-five (25%) percent by the Planning Department staff. Setback reductions greater than twenty-five (25%) percent shall be referred to the Board of Appeals for consideration and final action. (Amended 10/16/2000) 4-9