The provisions of this Part 1 are minimum requirements, and where conflicts with other laws, ordinances, contracts or deeds occur, the stricter shall apply.
When not inconsistent with the context:
A.
Except as specifically defined herein, all words used in this Part 1 have their customary dictionary definitions.
B.
ACCESSORY USE
ADULT DAY-CARE CENTER
ADULT DAY-CARE HOME
AGGRIEVED PARTY
ALCOHOLIC BEVERAGE SALES STORE
ALLEY
ALTERATION
ANTIQUE VEHICLE
APARTMENT
(1)
(2)
(3)
AUTO PARTS SALES
BAR; TAVERN; NIGHTCLUB
BUILDING
BUILDING, ACCESSORY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
BUILDING, MAIN
CARE HOME
CHILD DAY-CARE CENTER
CHILD DAY-CARE FACILITY
CHILD DAY-CARE HOME
CONDITIONAL USE
CONDOMINIUM
CONTAINER HOME
DEVELOPABLE LAND
DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
DWELLING
(1)
(2)
(3)
(4)
FAMILY
FLOOD HAZARD AREA
GARAGE, PRIVATE
GARAGE, PUBLIC OR STORAGE
GAS STATION
GRANDFATHERED
GROSS LEASABLE AREA
GROUP HOME, TYPE 1
GROUP HOME, TYPE 2 OR 3
HOME OCCUPATION
HOTEL
HOUSEHOLD
IMPERVIOUS SURFACE
KINDERGARTEN
LOT
LOT OF RECORD
MAJOR RETAILER
MAIN USE
MANUFACTURED HOME
MAP or ZONING MAP
MOBILE HOME
MOBILE HOME PARK
MODULAR BUILDING UNIT
NATIVE PLANTS
NONCONFORMING USE
OCCUPIED
PERSON
PERVIOUS PAVEMENT
RECREATION FACILITY, ACTIVE
RECREATION FACILITY, PASSIVE
RECREATIONAL EQUIPMENT, MAJOR
RESIDENTIAL ASSISTED-LIVING FACILITY or RESIDENTIAL CARE FACILITY
RESTAURANT
SET UP
SETBACK
SETBACK, FRONT
SETBACK, REAR
SETBACK, SIDE
SIGN
STORY
STREET
(1)
(2)
(3)
STRUCTURE
SUBDIVISION
(1)
(2)
TINY HOME
TRAVEL TRAILER
USED
VISIBLE TRANSMITTANCE (VT) FACTOR
YARD
ZONING ADMINISTRATOR
ZONING PERMIT
For purposes of this Part 1, the following terms, phrases, words and their derivations shall have the meanings given herein:
A subordinate use incident to and located on the same lot
with the main use. Accessory uses include, but are not limited to,
home occupations, signs, walls, fences, gardens, swimming pools and
tennis courts.
A nonresidential facility in which custodial care is provided
for adults, related or unrelated, who are in need of supervision and/or
assistance with routine daily functions, but who are not in need of
regular medical attention, and where the adults are receiving said
care on a regular and recurring basis during a part of the twelve-hour
period between 7:00 a.m. and 7:00 p.m., for not less than three hours
and not more than 12 hours. Adult day-care center facilities located
in residential districts are limited to providing care for up to 16
adults. Such a facility shall comply with all state and local codes
and/or ordinances regarding zoning, building, fire and health.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A home occupation (accessory use) consisting of a private
family home in which custodial care is provided for not more than
five adults, related or unrelated, who are in need of supervision
and/or assistance with routine daily functions but who are not in
need of regular medical attention, and where the adults are receiving
said care on a regular and recurring basis during a part of the twelve-hour
period between 7:00 a.m. and 7:00 p.m., for not less than three hours
and not more than 12 hours. Such a facility shall comply with all
state and local codes and/or ordinances regarding zoning, building,
fire and health.
One whose legal right is invaded by an act complained of,
or whose pecuniary interest is directly affected by a decree or judgment;
one whose property right may be disestablished or divested.
The retail sales of beer wine, and/or other alcoholic beverages
for off-premises consumption as a primary use. (LBCS F2155)
A public or private way at the rear or side of a lot providing
secondary or service vehicular access to adjacent property. An alley
is narrower than a street and is not designed for general vehicular
traffic.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the access facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
In South Carolina, an antique vehicle is defined as any motor
vehicle that was manufactured at least 25 years ago and is used as
a collector's item.
A part of a building used as a dwelling unit.
APARTMENT, EFFICIENCYA dwelling unit consisting of one all-purpose room and a separate bath.
APARTMENT, GARAGEA part of a private garage used as a dwelling unit.
APARTMENT, HOUSEA building or portion thereof, other than a hotel, containing two or more separate dwelling units.
Establishments selling new, used or rebuilt automotive parts
and accessories. Examples include parts and supply stores, automotive
stereo stores, speed shops, truck cap stores and tire and tube shops.
(LBCS F2115)
A business where alcoholic beverages are sold for on-site
consumption, which is not part of a larger restaurant. Includes bars,
taverns, pubs and similar establishments where any food service is
subordinate to the sale of alcoholic beverages. May also include beer
brewing as part of a microbrewery and other beverage tasting facilities.
Entertainment including live music and/or dancing, comedy, etc. may
also be included.
A structure permanently affixed to a lot, covered by a roof,
used as a shelter or enclosure for a dwelling unit, or for business,
mercantile, storage, commercial, industrial, agricultural, institutional,
assembly, educational or recreational purposes. The connection of
two buildings by an open porch, breezeway, passageway, carport or
other such open structure, with or without a roof, shall not be deemed
to make them one building.
A detached structure located on the same lot as a main building
customarily used for a purpose subordinate and incidental to the use
of the main building. Accessory buildings include, but are not limited
to, the following:
Garage, private. (See below.)
Shed or tool house: a building for the storage of tools and
equipment used in the maintenance of grounds or buildings.
Private kennel: a structure housing cats and dogs.
Private swimming pool: private swimming pools, hot tubs and/or
spas, containing water 24 inches or more in depth of water.
Bath house or cabana.
Buildings used for purposes of shelter in the event of man-made
or natural catastrophes.
Private greenhouse or slathouse for growing of flowers, ornamental
shrubs or vegetables.
A building in which the main use of a lot takes place.
Any adult day-care home or child day-care home as defined
in this section.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An individual, agency or organization providing supervision
or care on a regular basis for children who are not related by blood
or marriage to, and who are not the legal wards or foster children
of, the supervising adults; designed and approved to accommodate six
or more children at a time; not an accessory to residential use.
Any facility which provides care, supervision or guidance
for any minor child who is not related by blood, marriage or adoption
to the owner or operator of such facility, whether or not the facility
is operated for profit and whether or not the facility makes a charge
for services offered by it. This definition includes, but is not limited
to, day nurseries, nursery schools, day-care centers, group day care
homes and family day-care homes.
Supervision or care provided on a regular basis as an accessory
use within a principal residential dwelling unit, by a resident of
the dwelling, for fewer than six children who are not related by blood
or marriage to, and who are not the legal wards or foster children
of, the supervising adult.
A use not otherwise permitted in a district and which would
not be appropriate generally or without restriction throughout a zoning
district, but which, if controlled as to number, area, location, relation
to the neighborhood, and subject to specified conditions, would promote
the public health, safety, welfare, order, comfort, convenience, appearance
and property of the City.
A unit designed for individual ownership in a multi-unit
building, or if not in a building in a separately delineated place,
whether open or enclosed.
A residential building, either for living or renting, that
is made out of a shipping container or the like.
[Added 5-18-2021 by Ord.
No. 2021-5]
Land which is suitable for development. It includes all land
within the boundaries of a lot, whether such land is used for buildings
or for accessory uses such as parking, drives, roads, drainage and
utility easements, sign easements, entrance easements, setback areas,
buffer zones and land designated for private recreation. Land occupied
by golf courses which are available for use by the general public
on a noncommercial basis is developable land.
Construction of a building;
Placement of a mobile home;
Assembly of a modular home;
Division of an existing lot into three or more new lots;
Establishment of "flag lots" or access easements;
Renovation, rehabilitation or remodeling of a building;
Reconstruction of a building;
Adding to or altering the size of a building;
A change in the intensity of use of a lot or building, such
as an increase in the number of dwelling units in a building, or an
increase in the number of businesses, manufacturing establishments
or offices in a building;
Alteration of the shore or bank of a stream, lake or pond;
Drilling (except to obtain soil samples) and excavating;
Demolition of a building;
Clearing land in preparation for any development;
Deposit of solid or liquid waste or fill material on a lot.
DWELLING UNITA building, or portion thereof, used on a permanent basis which provides complete living facilities for one household.
DWELLING, SINGLE-FAMILYA dwelling unit arranged or designed to be occupied by one household.
DWELLING, DUPLEXA building or portion thereof arranged or designed to contain two dwelling units.
DWELLING, MULTIFAMILYA building or portion thereof arranged or designed to contain three or more dwelling units.
One or more persons living together as a single housekeeping
unit. See also "household."
Any area in the City of Walhalla subject to flooding and
so designated by the Department of Housing and Urban Development and
the Federal Flood Insurance Agency and delineated on applicable Flood
Hazard Boundary Maps. The terms "flood hazard area" or "flood zone"
are interchangeable.
A building or space accessory to a dwelling unit, used for
storage of motor vehicles, and in which no occupation or business
for profit is carried on.
A building or space, other than a private garage, used for
the storage of motor vehicles, and in which automobile servicing,
repairs or maintenance may be carried on.
An establishment that primarily retails automotive fuels.
These establishments may further provide services such as automotive
repair, automotive oils and/or replacement parts and accessories.
Gas stations include structures that are specialized for selling gasoline
with storage tanks, often underground or hidden. Bays for car washes
may also be included.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
A home serving nine or fewer mentally or physically handicapped
persons, provided the home provides care on a twenty-four-hour basis
and is approved or licensed by a state agency or department for that
purpose. (S.C. Code Ann. § 6-29-770)
Any group home not meeting the definition of a Type 1 group
home.
Any occupation carried out within a dwelling unit pursuant to § 330-1.43.
A building containing rooms used, rented or leased for sleeping
purposes by guests. Unless a different meaning is required by context,
the term "hotel" shall include motels, boardinghouses, rooming homes,
tourist homes and bed-and-breakfast residences.
One or more persons living together as a single housekeeping
unit in a dwelling unit.
Those surfaces that do not absorb rain; all buildings and
all areas which have an artificial surface which sheds water.
Any school which provides either education, instruction or
supervision below the first grade to children who will attain the
age of five on or before the first day of November of the school year
during which they begin school.
A parcel of land occupied, or capable of being occupied,
by a building or group of buildings, together with the customary accessory
buildings and open spaces belonging to the same, having its principal
frontage either on a public street or on a private street of record.
A parcel of land clearly defined by plat or by a deed containing
a metes and bounds description, which is recorded in the office of
the Oconee County Clerk of Court.
Any retailer or wholesale market that has or is projected
to have over 8,000 square feet of floor space.
[Added 9-21-2021 by Ord.
No. 2021-17]
The principal purpose for which the lot, building or structure
is used, occupied or maintained, or for which it is designed, arranged
or intended.
A home built to the Federal Manufactured Home Construction
and Safety Standards Act, also called the "HUD Code." The HUD Code
is a mandatory federal building code for manufactured homes, whereas
site-built and modular homes are built to a code adopted by the state.
All manufactured homes bear a small red metal tag called the "HUD
tag" that identifies them as being built to the HUD Code.
The Official Zoning Map of the City of Walhalla, South Carolina.
A trailer, a double-wide trailer, manufactured home, or any
alteration thereof, whether on wheels or a foundation, designed to
serve as a single-family dwelling unit, providing complete and permanent
living facilities for one household. A mobile home is a dwelling unit
constructed to the standards and codes as promulgated by the United
States Department of Housing and Urban Development. A building or
structure, transportable in one or more sections, which, in the traveling
mode, is eight body feet or more in width, or 40 body feet or more
in length, or, when set up on site, is 320 or more square feet, and
which is built on a permanent chassis, and designed to be used as
a dwelling unit with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air
conditioning and electrical systems contained in it. The term "mobile
home" is generally used to refer to factory-built home built prior
to 1976 (no mandatory building code for mobile homes prior to that
time).
A camp, court, campsite, lot, parcel or tract of land used,
designed, maintained or intended for the purpose of supplying a location
of accommodation for three or more mobile homes and upon which three
or more mobile homes or trailers are set up, and including all accessory
buildings, whether or not a charge is made for the use of the park
and its facilities. Mobile home parks shall not include sales lots.
Any building of closed construction, regardless of type of
construction or occupancy classification, other than a mobile home,
constructed off-site in accordance with the applicable codes, and
transported to the point of use for installation or erection. Modular
homes in SC bear a modular label issued by the SC Building Codes Council.
Under state law, modular homes are to be treated exactly the same
as a site-built structure.
Plants indigenous to a given area in geologic time. This
includes plants that have developed naturally or existed for many
years in an area (trees, flowers, grasses and other plants).
A building or use of land lawfully existing at the time of the enactment of this Part 1, or any amendment hereto, which thereafter does not conform to any permitted or conditional use in the zoning district in which it is situated.
Used, or intended, arranged or designed to be used, for a
stated purpose.
An individual, partnership, corporation, association, firm
or organization.
Paving material that permits full or partial absorption of
stormwater into the ground.
A facility designed for basketball, tennis, baseball, football,
swimming, golf and other indoor or outdoor physical activities.
Facilities such as park benches, picnic areas, landscaped
and scenic areas, walkways and bikeways, and open spaces not designed
for organized sports.
Boats, and boat trailers, pickup campers or coaches (designed
to be mounted on motor vehicles), recreation vehicles, motorized dwellings,
tent trailers, travel trailers and the like, and cases or boxes used
for transporting recreational equipment, whether occupied by such
equipment or not.
A facility which offers room (regardless of whether leased
or owned by the occupant or any other person), board and a limited
degree of personal assistance on a long-term basis for two or more
persons, 18 years old or older, unrelated to the operator, but excluding
any facility which offers or represents to the public that it offers
such services primarily to or specifically for the mentally ill, mentally
disabled or drug or alcohol addicted or provides or purports to provide
specific procedures or processes for those diseases or conditions.
"Personal assistance" as used herein shall be interpreted and applied
using the applicable provisions in S.C. Code of Regulations R. 61-84,
or any successor provisions thereto, as guidelines.
A retail business selling ready-to-eat food and/or beverages
for on- or off-premise consumption.
The installation operations performed at the occupancy site
which render a mobile home fit for habitation. Such operations include,
but are not limited to, positioning, blocking, leveling, supporting,
tying down, connecting utilities and assembling multiple or expandable
units.
The minimum distance from the street right-of-way line or property line that must intervene between such lines and a building. The open space area within which no building may be located except as otherwise provided in this Part 1. All setbacks referred to in this Part 1 are minimum required setbacks.
An area across the full width of a lot, between a front line
which is either the front street right-of-way line, or the proposed
front street right-of-way line, or the front property line, whichever
provides the greatest setback, extending the prescribed minimum horizontal
distance (required depth) to a rear line on the lot parallel to the
front line.
A yard extending the full width of the lot on which a principal
building is located and situated between the rear lot line and a line
parallel thereto and passing through the point of the principal building
nearest the rear lot line.
A space extending from the front yard to the rear yard between
the principal building and the side lot line as measured perpendicular
from the side lot line to the closest point of the principal building.
Any structure, part thereof or device attached thereto or
lettered or pictorial matter, or any material or thing, illuminated
or otherwise with displays or which includes any numeral, letter,
word, model, emblem, insignia, device, trademark, ribbon, banner,
illustration or other representation used as, or in the nature of,
an announcement, declaration, demonstration or display, used to advertise
or promote the interests of any person when the same is placed in
view of the general public travelling along a public street right-of-way.
The term "sign" shall mean and include every sign, illuminated sign
and sign painted on a wall, window, marquee, awning or canopy. The
flag, emblem, insignia, poster or other display of a nation, political
unit, educational, charitable or religious group shall not be included
in this definition.
That portion of a building between the surface of any floor
and the ceiling next above. A basement shall be counted as a story
if its ceiling is over six feet above the average level of the finished
ground surface adjacent to the exterior walls of the front entrance
(or side street) of the building.
A public right-of-way for vehicular traffic which affords
the principal means of access to adjacent properties.
ARTERIALAccommodates a large traffic volume and provides for through trips between cities or for long trips within the City of Walhalla.
COLLECTORUsed to collect or distribute large or medium traffic volumes between local streets and arterial streets.
LOCALService street between residences, businesses or industries located on that particular street and a collector street.
Anything constructed or erected, the use of which requires
more or less permanent or temporary location on or in the ground,
or which is attached to something having a permanent location on the
ground. The term includes, but is not limited to, buildings, gazebos,
solar panels, billboards, tennis courts, backstops for tennis courts,
radio and television antennas and satellite dishes, including supporting
towers, swimming pools, decks, patios, light standards, walls and
fences, parking areas, signs and septic tanks. This definition shall
not include play equipment, benches, birdbaths, mailboxes or any other
insignificant objects as determined by the Zoning Administrator.
All divisions of a tract or parcel of land into two or more
lots, building sites or other divisions for the purpose, whether immediate
or future, of sale, lease or building development, and includes all
division of land involving a new street or change in existing streets,
and includes resubdivision which would involve the further division
or relocation of lot lines of any lot or lots within a subdivision
previously made and approved or recorded according to law; however,
the following exceptions are included within this definition only
for the purpose of requiring that the local planning agency be informed
and have a record of the subdivisions:
The combination or recombination of portions of previously platted
lots where the total number of lots is not increased and the resultant
lots are equal to the standards of the governing authority;
The combination or recombination of entire lots of record where
no new street or change in existing streets is involved.
A residential building, for either living or renting, that
is 500 square feet or less.
[Added 5-18-2021 by Ord.
No. 2021-5]
A vehicle without motor power designed to be towed by a motor
vehicle, and of such size and weight as not to require a special highway
moving permit, designed to provide temporary living quarters for recreational,
camping and travel use, and designed not to require permanent on-site
utilities, including, but not limited to, tent campers, park models,
park trailers, motor homes and fifth wheels. This term may include
any vehicle whose body width is less than eight feet, and whose length
is not more than 35 feet in the travel mode, and so designed that
part of its weight rests on the towing vehicle.
Made use of or occupied, or intended, arranged or designed
to be used or occupied.
A fraction of the visible spectrum of sunlight (380 nanometers
to 720 nanometers), weighted by the sensitivity of the human eye,
that is transmitted through the glazing of a window, door or skylight.
A product with a higher VT transmits more visible light. VT is expressed
as a number between 0 and 1.
A space on the same lot with a main building, open, unoccupied
and unobstructed from the ground upward except where encroachment
and accessory buildings are expressly permitted.
Anyone designated by the Walhalla City Council to administer
the terms and conditions of the Zoning Ordinance.
A permit issued by the Zoning Administrator permitting a
use, structure or activity authorized by the Zoning Ordinance or order
of the Board of Zoning Appeals. A zoning permit and a building permit
may be issued on a combined form.
