Article III. DEFINITIONS OF TERMS USED IN THIS ORDINANCE  

Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. For the purpose of this ordinance, certain words or terms used herein are defined as follows:

City means the City of Hartsville, South Carolina.

Governing authority means the council of Hartsville, South Carolina.

Words used in the present tense include the future tense.

Words used in the singular include the plural, and words used in the plural include the singular.

The word "shall" is always mandatory.

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

The word "lot" includes the word "plot" or "parcel."

The word "building" includes the word "structure."

The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

Accessory use. A use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, height, size, square footage, extent, or purpose, the principal lawful use of a building. The location of accessory buildings/structures (i.e. detached garages, carport, gazebos, utility shed, and pool house) shall be in the rear of the principal building at least ten feet from the side and five feet from the rear property line. Garages and carports shall be on side or rear of the principal structure. The setback shall be a minimum of three from the front of or rear side of the principal building and aligned with or off the designated driveway.

Agent. An authorized representative of an owner or developer, such as an architect, broker, real estate agent, etc.

Alley. A right-of-way publicly maintained and used primarily as a means of secondary access to the side or rear of abutting property.

Alteration of building. Any change in the supporting members of a building, such as bearing walls, columns, or girders; any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another.

Applicant. A developer or owner submitting an application for development.

Automobile service station. Buildings and premises on any parcel or lot where gasoline, oils and greases, batteries, tires and automobile accessories, and installation of [the] same, including minor service, may be supplied and dispensed at retail or in connection with a private operation; and where no part of the premises is used for the storage of dismantled or wrecked vehicle parts.

Basement. A story of a building or structure having one-half or more of its clear height below grade.

Brewery. A facility that brews beer primarily for on-site consumption and retail sale on its permitted premises, but also including wholesale or off-site sales, consistent with state law and the use specific standards of the ordinance. Such uses may or may not include an on-site tasting room or food service.

Brewpub. A tavern, public house, restaurant, or hotel, which produces on the permitted premises a maximum of 2,000 barrels a year of beer for sale on the premises.

Building. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or walls in which there are no communicating doors, windows, or openings; and which is designed or intended for the shelter, enclosure, or protection of persons, animals, or chattels.

Building, accessory. A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

Building, height. The vertical distance from grade to the average elevation of the roof of the highest story.

Building, principal. A building in which is conducted the main or principal use of the lot on which said building is situated.

Centerline of street. That line surveyed and monumented by the governing body having jurisdiction shall be the centerline of street; or if such centerline has not been surveyed, it shall be that line running midway between the outside curbs or roadway of such street.

Certificate of occupancy. Written authorization from the responsible agency whereby an owner receives permission to and may occupy a property and utilize the property in its intended and approved manner.

Conditional use. A use that must meet specific conditions, restrictions, or limitations as defined elsewhere in this ordinance. Such conditions are required in addition to the other development regulations for the zoning district in which the use is to be located. If all applicable conditions are met, then the zoning administrator may issue a permit for the use without additional review by the zoning board of appeals.

Construction document phase. Final drawings and specifications setting forth in detail the requirements for the construction of a project.

Design review board (DRB). A duly authorized group of individuals charged with the specific purpose of reviewing, approving or rejecting design-related information regarding proposed development, according to an approved set of criteria or guidelines.

Developer. An individual or organization who is the legal or beneficial owner or owners relative to a specific project. Also, a person holding an option or contract to lease or purchase, or any other proprietary interest in such project. For the purposes these guidelines, the terms "developer" and "owner" are considered synonymous.

Development. A specific project involving substantial property improvement and, usually, a change of land-use character within the site; the act of using land for building or extractive uses.

Drive-in establishment. A business where a customer is encouraged or permitted, either by the design of physical facilities or by service and/or packaging procedures, to carry on his business in the off-street parking area accessory to the business while seated in his motor vehicle.

Dwelling, group . A building or portion of a building occupied or intended for occupancy by several unrelated persons or families, but in which separate cooking facilities are not provided for such residents, persons or families. The term group dwelling includes the terms, rooming house, fraternity house, or sorority house. A hotel, motel, or tourist home shall not be deemed to be a group dwelling as defined herein.

Dwelling, multi-family (also an apartment house ). A dwelling designed for, or occupied by, three or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. Each multi-family living unit constitutes a dwelling unit.

Dwelling, one-family. A building arranged or designed to be occupied by one family.

Dwelling, two-family. A building arranged or designed to be occupied by two families living independently of each other on a single lot.

Dwelling unit. A dwelling unit or portion thereof providing facilities for one or more persons living as a single housekeeping unit.

Easement. A right-of-way granted, but not dedicated, for limited use of private land for the public or quasipublic purpose and within which the owner of the property shall not erect any permanent structures.

Family. One or more persons occupying a single dwelling unit, provided that domestic servants employed on the premises may be housed on the premises.

Fire district. A zone established to regulate the construction, renovation, and utilization of buildings in congested areas and restrict or prevent certain hazardous occupancies or storage and handling of hazardous materials.

Frontage. That portion of a lot extending along a street line.

Garage, private. An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use.

Garage, public. Any garage other than a private garage which is used for storage, minor repair, rental servicing, washing, adjusting, or equipping of automobiles or other vehicles.

Garage, repair. Building and premises designed or used for purposes indicated under automobile service station and/or major commercial repairs, provided that body work and painting shall be conducted within fully enclosed buildings, and further provided that self-propelled vehicles in process of repair shall be stored in a fully enclosed and secluded area.

Guesthouse. Living quarters situated within a detached or semidetached building located on the same premises with the principal building.

Home occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the exterior character thereof, provided that no mechanical equipment is installed or used, except such as is normally used for domestic or professional purposes, and provided that not over 25 percent of the total floor space of any structure is used for home occupations. Not more than one assistant may be employed.

Hotel. A building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to transient or semipermanent guests.

Improvement. Any manmade, immovable item which becomes part of, placed upon, or affixed to real estate.

Junk or salvage yards. The use of any part of a lot, whether inside or outside a building, for the storage, abandonment, sale, or resale of junk, salvage, or scrap materials; or the dismantling, demolition, or abandonment of automobiles and other vehicles, machinery, equipment, or parts thereof.

Lot. A parcel of land of varying size and shape occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

Lot, corner. A lot located at the intersection of two or more streets.

Lot, depth. The average horizontal distance between the front and rear lot lines.

Lot, interior. A lot, other than a corner lot, which has frontage on only one street other than an alley.

Lot, width. The distance between the side lot lines measured at the front building line.

Major thoroughfares. Streets which serve primarily as major trafficways for travel through and within the city.

Manufactured home. A detached single-family residence with all of the following characteristics:

(a)

Designed for longterm occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.

(b)

Designed to be transported, after fabrication, on its own wheels or on a flatbed or other trailers or detachable wheels.

(c)

Arriving at the site where it is to be occupied as a complete dwelling, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, and connection to utilities. The term "manufactured home" includes the term and has the same meaning as "mobile home."

Manufactured home park. Premises where two or more manufactured homes are parked for living or sleeping purposes, or where spaces are set aside or offered for rent for use for manufactured homes for living or sleeping purposes, including any land, building structure, or facility used by occupants or occupied by manufactured homes on such premises.

Manufactured home space. A plot of ground within a manufactured home park designed for the accommodation of one manufactured home.

Master plan. An approved instrument, either graphic or written, which generally guides development relative to land use types, location, massing, and circulation and relationships between uses. A comprehensive long-range plan intended to guide the growth and development of a specific area.

Modular building. A unit is defined as any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection.

Modular home. A residential dwelling unit fabricated off-site and assembled on the building site on a permanent foundation in accordance with South Carolina Building Code.

Motel-tourist court. A building or group of buildings in which lodging is provided and offered to the public for compensation and which caters primarily to the public traveling by motor vehicle.

Mullion. An upright division member between windows or doors of a close series.

Muntin. A bar member supporting and separating panes of glass in a sash or door.

Nonconforming structure. A building or portion thereof lawfully existing at the time this ordinance became effective [February 10, 1987] and which was designed, erected, or structurally altered for a use which does not conform to the uses of the district in which it is located.

Nonconforming use. Any building or land lawfully occupied by a use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this ordinance [February 10, 1987] or as the result of subsequent amendments to this ordinance.

Nursing home; convalescent home. A health facility where persons are housed and furnished with meals and continuing nursing care for compensation, but excluding alcoholic patients.

Overlay district. A defined area, or site, where additional requirements and restrictions are placed by ordinance. These requirements are enforced in addition to or in excess of standard ordinances and zoning requirements.

Parapet. A low retaining wall at the edge of a roof terrace or porch.

Parking space. An area provided specifically for the parking of a motor vehicle.

Permitted premises. Those areas normally used by the permittee or licensee to conduct his/her business and includes, but is not limited to, the selling areas, brewing areas, storage areas, food preparation areas, and parking areas.

Person. An individual, partnership, corporation, or other form of business organization.

Producer. A brewery or winery or a manufacturer, bottler, or importer of beer or wine into the United States.

Professional. A person recognized by education, training and applicable registration to practice a specific profession (architect, landscape architect or engineer).

Retail. Retail shops and stores, personal and professional services including broadcasting stations, commercial recreation facilities, drive-in financial institutions, and personal service pickup stations. Retail activities included within this definition do not include those activities defined under retail, automotive.

Retail, automotive. Business enterprises oriented to serving the traveling public and their accessory uses including automotive sales, services, and repair activities, such as motels, tourist courts, service stations and including any drive-in facility such as drive-in theaters or drive-in restaurants.

Schematic design phase. Preliminary, conceptual design-related documents which illustrate the general scale and relationship of project components, based on aesthetic, programmatic and budgetary considerations.

Setback. The minimum horizontal distance between the street, rear, or side lines of the lot and the front, rear, or side lines of the building.

Shopping center. A retail business area characterized by a concentrated grouping of stores, shops, and other uses, ordinarily planned as a comprehensive development, and built according to such plan.

Sidewalk. A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

Sign. Any object, device, display or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, or direct attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

(a)

Freestanding sign. A freestanding sign may contain a sign or signs on one side only, or it may be a V-shaped structure or one containing signs back-to-back. A freestanding sign structure is one sign.

(b)

Sign area. The area of a sign is the area of the surface of the sign formed by a perimeter consisting of a series of straight lines enclosing all parts of the sign structure located above a separate and distinct landscaped base. The total area of a freestanding sign structure is equal to the area of one side only.

(c)

Reserved.

(d)

Reserved.

(e)

Reserved.

(f)

Reserved.

(g)

Window sign. A sign that is visible through or attached to the interior of a window such that the content of the sign is intended to be visible from the exterior of the building.

Site plan. An accurately scaled development plan that illustrates the existing conditions on a land parcel as well as depicting details of a proposed development.

Special exception. A use permitted, subject to approval by the zoning board of appeals. Such use is required to meet all other development regulations for the zoning district in which the use is to be located.

Stormwater management. The provision of storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm event, as required by state or federal statutes.

Street. Streets, avenues, boulevards, roads, highways, expressways, lanes, alleys, and other ways. For the purpose of this ordinance, streets are classified by function as major thoroughfares or collector streets.

Street furniture. Manmade, aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, phone booths, trash receptacles, etc.

Street tree. A canopy or understory tree in a public place street, special easement or right-of-way adjoining a street.

Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground.

Tasting room. A tasting room is a part of a winery or brewery, typically located on the premises of the winery or brewery's production facilities, at which guests may sample the winery or brewery's products.

Travel trailer or camper. Any vehicle or structure capable of moving or being moved over streets and highways on its own wheels or on flatbeds or other carriers, which is designed or utilized to:

(1)

Provide temporary quarters for the conduct of a business, profession, trade, or occupation.

(2)

Serve as a carrier of people, new or used goods, products, or equipment.

(3)

Be used as a selling, advertising, or display device.

Variance. A modification of the strict terms of this ordinance granted by the zoning board of appeals where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

Yard. A space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky, except where encroachments and accessory buildings and structures are expressly permitted.

Yard, front. A yard situated between the front building line and the front line extending the full width of the lot. The front shall be construed to be that portion of a lot immediately adjacent to the road or thoroughfare with the highest road classification.

Yard, rear. A yard situated between the rear building line and the rear lot line and extending the full width of the lot.

Yard, side. A yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.

Zoning administrator. The officer or other designated authority charged with the administration and enforcement of this ordinance. The zoning administrator shall have the following duties related to the enforcement of this article:

(1)

Interpreting zoning ordinance and subdivision/land development regulations, provisions;

(2)

Administering permits, including fee collection;

(3)

Processing applications for zoning amendments, variances, and special exceptions;

(4)

Processing appeals to the zoning board of appeals;

(5)

Maintaining a current zoning map;

(6)

Maintaining public records related to zoning and permitting;

(7)

Investigating and resolving zoning complaints;

(8)

Enforcing the zoning ordinance; and

(9)

Other duties as outlined in the zoning administrator's job description.

(Ord. No. 1065, art. III, 7-11-1995; Ord. No. 1145, 10-13-1998; Ord. No. 1162, 5-4-1999; Ord. No. 3047, 7-10-2007; Ord. No. 3051, 10-9-2007; Ord. No. 3052, 10-9-2007; Ord. No. 4125 , 6-27-2013; Ord. No. 4343 , 8-14-2018; Ord. No. 4348 , 10-9-2018)