OFFICIAL ZONING ORDINANCE ADOPTED - City of Anderson SC

[Pages:164]CITY OF ANDERSON, SOUTH CAROLINA

OFFICIAL ZONING ORDINANCE

ADOPTED

January 1998

Amended:

September 2003

May 2004

June 2006

October 2006

June 2007

December 2007

City of Anderson, South Carolina

Official Zoning Ordinance

Adopted January 12, 1998

Amended:

September 2003

May 2004

June 2006

October 2006

June 2007

December 2007

City Council

Planning Commission

Darwin H. Wright, Mayor Richard Shirley Philip Cheney J.C. Nix David Walker

Beatrice Thompson Dennis McKee Tom Dunaway

Francis Cason, Mayor Pro-Tem

Gregg Jones, Chairman Olin Bell

Frank Eskridge Carter Knobel

Homer Yon Herman Keith

J.O. Rich Susan Richardson Arthur McCombs

John Moore, Jr. City Manager

Linda McConnell Community Planning & Development

Director

Maurice McKenzie, AICP City Planner

Horace Holloway Building Official

Assistance by:

AN ORDINANCE TO AMEND THE 1968 CITY OF ANDERSON ZONING

ORDINANCE (REVISED IN 1980), AND TO ESTABLISH ZONING REGULATIONS FOR THE CITY OF ANDERSON, SOUTH CAROLINA, REGULATING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND, THE SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS, AND THE DENSITY AND DISTRIBUTION OF POPULATION; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF; PROVIDING FOR A BOARD OF ZONING APPEALS; AND PROVIDING FOR THE IMPOSITION OF PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE.

BE IT ORDAINED by the Mayor and Council of the City of Anderson, South Carolina that:

TABLE OF CONTENTS

ARTICLE 1

Section Section Section

TITLE AND AUTHORITY

1.1

Title

1.2

Authority

1.3

Legal Status

ARTICLE 2

PURPOSE

Section 2.1

Purpose

ARTICLE 3

Section Section Section Section Section

ESTABLISHMENT OF ZONING DISTRICTS

3.1

Criteria

3.2

Establishment of the Districts

3.3

District Boundaries

3.4

Rules for Interpretation of District Boundaries

3.5

Annexation and Other Adjustments to City Limits

ARTICLE 4

Section Section Section

APPLICATION OF DISTRICT REGULATIONS

4.1

Use of Land or Structures

4.2

Reduction of Lot Size

4.3

Use of Substandard Lots of Record

ARTICLE 5

Section Section Section Section Section Section

SINGLE-FAMILY RESIDENTIAL DISTRICTS

5.1

RA

Residential Agricultural, Single Family

5.2

R-40 Residential, Single-Family

5.3

R-20 Residential, Single-Family

5.4

R-15 Residential, Single-Family

5.5

R-10 Residential, Single-Family

5.6

R-5 Residential, Single-Family

ARTICLE 6

Section Section Section

MULTI-FAMILY RESIDENTIAL DISTRICTS

6.1

RG

Residential, General

6.2

RM-10 Residential, Multi-Family

6.3

RM-18 Residential, Multi-Family

ARTICLE 7

Section Section Section Section Section

OFFICE AND COMMERCIAL DISTRICTS

7.1

NP

Neighborhood Professional District

7.2

LO

Limited Office District

7.3

NC

Neighborhood Commercial District

7.4

GC

General Commercial District

7.5

CBD Central Business District

ARTICLE 8

INDUSTRIAL DISTRICTS

Section 8.1

LI

Light Industrial District

Section 8.2

HI

Heavy Industrial District

ARTICLE 9 Section

Section

OVERLAY DISTRICTS

9.1

HO

9.1.1

9.1.2

9.1.3

9.1.4

9.1.5

9.1.6

9.1.7

9.1.8

9.1.9

9.1.10

9.1.11

9.1.12

Historic Overlay District Purpose Board of Architectural Review Conditional Use Review Imposing or extending an historic overlay Exterior alterations of historic structures and sites Demolition & moving of historic structures Non-historic structures Procedures Review criteria Design standards Designated historic overlay districts Board Composition

9.2

EO

9.2.1

9.2.2

9.2.3

9.2.4

9.2.5

9.2.6

Environmental Overlay District Relationship to the Land Use Plan (Purpose) Map Applications Regulation of Uses Imposing or Extending an EPOD Exempt Uses Development Standards

ARTICLE 10 Section

PLANNED UNIT DEVELOPMENTS

10.1 10.1.1 10.1.2 10.1.3 10.1.4 10.1.5 10.1.6

General Provisions Purpose Permitted Uses Approval Procedure Plan Requirements Amendments to the Land Use Plan and Development Plans Control of Development

10.1.7 Other Requirements

Section

10.2 10.2.1 10.2.2 10.2.3 10.2.4 10.2.5 10.2.6 10.2.7 10.2.8 10.2.9 10.2.10 10.2.11 10.2.12

Planned Development Standards Purpose Variances Preservation of Natural Features & Vegetation Circulation, Access, and Sidewalks Parking Facilities Stormwater Management Impervious Surface Area Signage Utilities Systems Landscaping Minimum Area Required Ownership

ARTICLE 11 Section

10.2.13 10.2.14 10.2.15 10.2.16 10.2.17 10.2.18

General Private Deed Covenants Delay in Construction Common Open Space and Amenity Requirements Density Development Standards Special Requirements for Planned Mobile Developments

OFF-STREET PARKING REGULATIONS

11.1 11.1.1 11.1.2

Off-Street Parking Requirements Purpose Off-Street Parking Required Before Occupancy or Use

11.1.3 Design Standards 11.1.4 Minimum Off-Street Parking Standards

Home

Section 11.2 11.2.1 11.2.2

Off-Street Loading Requirements Purpose Off-Street Loading Standards

ARTICLE 12

Section Section Section Section Section Section Section Section Section Section Section Section Section

SIGNAGE

12.1 Purpose 12.2 Scope of the Regulations 12.3 Exempt Signs 12.4 Prohibited Signs 12.5 Sign Measurements 12.6 Sign Standards 12.7 Sign Placement 12.8 Administration and Enforcement 12.9 Temporary Signs 12.10 Billboards 12.11 Bench Signs 12.12 Sign Maintenance 12.13 Interior Lot Signs

ARTICLE 13

Section Section Section Section Section Section Section Section Section Section

LANDSCAPING & SCREENING

13.1 Purpose 13.2 Landscaping and/or Screening Required Before Occupancy 13.3 Design Standards 13.4 Plant Materials 13.5 Installation and Maintenance 13.6 Landscaping on Corner Lots 13.7 Landscape Plans 13.8 Street Trees 13.9 Heritage Tree Areas 13.10 Landscaping Requirements

ARTICLE 14

Section Section Section Section

GENERAL PROVISIONS

14.1 Land, Water, and Air Pollution 14.2 Street Access 14.3 Corner Lots 14.4 Determination of Buildable Area

Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section

14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20

Location of Buildings on Lots of Record Double Frontage Lots Exception to Front Yard Requirements Non-Conformities Home Occupation Accessory Uses Visibility at Street Intersections and Private Drives Modifications to Height Limits Parking, Storage, or Use of Campers, RV's, and Equipment Parking and Storage of Vehicles Manufactured Housing Standards Group Living Standards Communications and Cellular Towers Mobile Commercial Structures Bed and Breakfast Standards Reconsideration of Zoning Requests

ARTICLE 15

Section Section Section Section Section Section Section Section Section Section Section Section

ADMINISTRATION & ENFORCEMENT

15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12

Zoning Administrator Administration and Enforcement Building Permit and Certificate of Zoning Compliance Application for Certificate of Zoning Compliance Expiration of Building Permit and CZC Sign Permit Certificate of Occupancy Conditional and Temporary Uses Non-Conforming Uses Complaints Penalties for Violation Appeals

ARTICLE 16

Section Section Section Section Section Section

BOARD OF ZONING APPEALS

16.1 Establishment of Board of Zoning Appeals 16.2 Meetings, Procedures, and Records 16.3 Decisions 16.4 Appeals, Hearings, and Notice 16.5 Powers and Duties 16.6 Appeals from Decisions of the BZA

ARTICLE 17

DEFINITIONS

Section 17.1 Section 17.2

General Meaning of Words and Terms Specific Meaning of Words and Terms

ARTICLE 1 TITLE AND AUTHORITY

1.1 TITLE

This Ordinance shall be known as and may be cited as "The Zoning Ordinance of the City of Anderson, South Carolina."

1.2 AUTHORITY

This Zoning Ordinance is designed and adopted pursuant to the authority conferred by the General Statutes of South Carolina, 1976 Code of Laws, 1994 Cumulative Supplement, Title VI, Chapter 29 [S.C. Planning Enabling Act of 1994]

1.3 LEGAL STATUS

Whenever the regulations set forth in this Ordinance require more restrictive standards than are required in or under any other statute, the requirements of this Ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this Ordinance, the provisions of such statute shall govern.

ARTICLE 2 PURPOSE

2.1 PURPOSE

The zoning regulations and districts set forth herein, have been made in accordance with the City of Anderson, 1990 Comprehensive Land Use Plan, and are deemed necessary in order to preserve and promote health, safety, welfare, comfort, convenience, order, efficient government, and the systematic future development of the City, economic and industrial prosperity; prevent or relieve congestion of population and traffic, control fire hazards, preserve the natural and historic features of the City and beautify the same. This Ordinance divides the City into districts (zones) and regulates them in a way that facilitates the use and development of all areas of the City, and is designed to insure a fair and adequate division of light and air among buildings, protect the residential districts, conserve property values, facilitate adequate provision of water, sewage, schools, parks and other public facilities, and generally encourage the most appropriate use of land throughout the City.

The format of this Ordinance is designed to expedite administration and promote understanding for land use regulation. Use of this Ordinance requires familiarity with its total content. It is necessary to consider the intent of any individual clause with respect to the comprehensive context in which it is presented.

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