On the agenda: Chapin meeting — Colocation (Feb 16)

CHAPIN UNIFIED ZONING & DEVELOPMENT ORDINANCE
STEERING COMMITTEE MEETING
Town Hall
February 16, 2023
2:00 P.M.
AGENDA
Call to order
Freedom of Information Act Compliance
Approval of Minutes
1. January 26, 2023 Meeting minutes
Old Business
2. Zoning District Descriptions
3. Review of permitted use table
New Business
4. Draft Article 4 Review
a. Conditional Use Standards
i. Manufactured Home Parks
ii. Recreational Vehicle Parks/Campgrounds
Adjourn

TOWN OF CHAPIN
UNIFIED DEVELOPMENT ORDINANCE COMMITTEE
MEETING MINUTES
Thursday January 26, 2023
2:00 P.M.

Town Hall

Members Present: Planning Commission Members Rae Davis, Caleb Pozsik, Clay Cannon, Laura Cannon,
Yvonne Hudson
Staff Present: Town Administrator Nicholle Burroughs, Town Clerk Shannon Bowers
Staff Absent: Mayor Al Koon, Planning and Zoning Manager Kevin Singletary
Guests: Riccardo Giani - MRB Group (through Zoom)
Call to Order: Chair Davis called the meeting to order at 2:07 p.m. and acknowledged the appropriate
notifications in compliance with the SC Freedom of Information Act had been met.
Approval of Minutes: Member Pozsik moved to accept the minutes from October 27, 2022 as presented.
Member Hudson seconded the motion. No further discussion, motion passed unanimously.
Chair Rae Davis:
Yes
Member Yvonne Hudson:
Yes
Member Caleb Pozsik:
Yes
Member Laura Cannon:
Yes
Member Clay Cannon:
Yes
Member Pozsik moved the accept the minutes from December 15, 2022 as presented. Member Hudson
seconded the motion. No further discussion, motion passed unanimously.
Chair Rae Davis:
Yes
Member Yvonne Hudson:
Yes
Member Caleb Pozsik:
Yes
Member Laura Cannon:
Yes
Member Clay Cannon:
Yes
Review of Permitted Use Tables: Administrator Burroughs, for the benefit of the new members, explained the
Unified Zoning and Development Ordinance (UDO) process. The existing ordinances do no match what the
vision of the comprehensive plan that was adopted by Council. The UDO committee and the consultant from
MRB Group, Ricco Gianni have been working to update the zoning ordinance to reflect the vision of the town.
Mr. Gianni added that the edits to date have utilized reports and zoning audits to evaluate where the current
zoning ordinances are, in order to make the new code more legible and user friendly. Administrator Burroughs
stated the importance of the descriptions and uses for each zoning district. This also established the intent of
each district and how they guide development in town (what is the highest and best use for those zoning
districts). Administrator Burroughs also noted that maintaining minimum lot sizes in the residential zones was
important in guiding development.
New zoning districts discussed were: Rural Agricultural (RA), Rural Residential (RR), Suburban Residential 1
(SR1), Suburban Residential 2 (SR2), Suburban Residential 3 (SR3), Town Residential 1 (TR1), Town
Residential 2 (TR2), Town Residential 3 (TR3), Village Commercial (VC), Town Center (TC),
Public/Institutional (PI), Corridor Commercial (CC), Interstate Commercial (IC), Office Commercial (OC),
Light Industrial (LI), Planned Development (PD), and Parks/Open Space (PO). Mr. Gianni made note that the

Unified Development Ordinance Committee

January 26, 2023

TR1 district is the area that addressed the lack of housing diversity in the town limits while still scaled and
compatible to fit in single family uses. UDO members offered comments on these districts and expressed their
concerns regarding mobile home parks/RV parks, campers and campgrounds, the density of the Town
Residential districts in regards to traffic, and residential uses in the commercial districts. Administrator
Burroughs stated that a discussion item could be added to the next meeting to specifically discuss mobile home
parks. Mr. Gianni also touched on areas in the definitions that may need conditions or footnotes.
Review of UDO Project Schedule: The Committee briefly reviewed the upcoming schedule for the UDO
approval process and agreed to revisit at the next meeting.
Adjournment: Member Hudson moved to adjourn the meeting. Member Pozsik seconded the motion.
Meeting was adjourned at 3:48 p.m.

UDO COMMITTEE APPROVED (Date):
Rae Davis, PC Chair

ATTEST:
Shannon Bowers, Town Clerk

3.3

Establishment of Zoning Districts
The following zoning districts are hereby established:

(RA) Rural Agricultural District: (.2 du/acre) The intent of the RA district is to establish and preserve
areas primarily for agriculture and rural dwellings, forest management and various other low density
uses on large sites, and to encourage preservation of natural resources and guard against the premature
or unreasonable alteration of land resources. This district may be utilized for areas annexed by the
Town to preserve the existing rural characteristics, and to prevent urban sprawl.

RR, Rural Residential District: RR districts are intended to limit high density development (.5 du/acre),
and to protect natural and agricultural areas by limiting and regulating commercial development.

SR1, Suburban Residential District 1: SR1 districts are intended to be single family residential areas with
detached units and low population densities (1 du/acre).

SR2, Suburban Family Residential District 2: SR2 districts are intended to be single family residential
areas with detached units and low population densities (2 du/acre).

SR3, Suburban Family Residential District 3: SFR3 districts are intended to be the medium density (4
du/acre) single family residential areas with detached units.

TR1, Town Residential District 1: TFR districts are intended for medium density (6 du/acre) residential
purposes, including single family detached units, duplexes, and triplexes. These uses shall be compatible
in size and scale with surrounding residential development.

TR2, Town Residential District 2: The purpose of this district is to provide for a mixture of single-family,
two-family, triplexes, and other residential uses except multifamily, on smaller lots with a variety of
setbacks as well as the location of higher density dwellings (8 du/acre) such as zero lot line homes and
rowhome developments.

TR3, Town Residential District 3: The purpose of the TR3 (12 du/acre) district is to establish and
preserve multifamily residential uses designed to encourage and continue a stable and healthy
environment for residential uses and to exclude uses which are not compatible with such residential
uses.

VC, Village Commercial District: (12 du/acre) VC districts are intended for commercial and service uses
oriented primarily to serving needs of persons who live or work in nearby areas. A variety of mixeddensity residential uses are permitted when paired with commercial uses.

TC, Town Center District: (16 du/acre) The intent of the Town Center (TC) zoning district is to provide an
area for development of an attractive, compact, walkable, mixed-use town center that creates a
live/work/play environment for the community.

PI, Public/Institutional District: The PI district supports generally non-residential institutions and
employment areas that are designed in a campus-like setting, such as hospitals, universities, research
facilities, and offices. It is intended to ensure that these unique institutions are designed to be
compatible with their surroundings and the rest of the Town.

CC, Corridor Commercial: It is the intent of this section that the CC zoning district be developed and
reserved primarily as a retail service and commercial area, serving surrounding neighborhoods and
larger community or citywide clientele with a wide range of commercial services, including retail, offices
and business support services located in areas which are well served by collector and arterial street
facilities as well as pedestrian access facilities where appropriate.

IC, Interstate Commercial District: IC districts are intended to provided businesses that serve the
traveling public along I-26 such as restaurants, gas stations and hotels/motels, as well as large scale
retail and service establishments.

OC, Office Commercial: OC districts are intended to accommodate a variety of commercial and
nonresidential uses characterized primarily by retail, office and service establishments not in the central
business area.

LI, Light Industrial District: LI districts are intended to permit light manufacturing, industrial, wholesale
commercial uses which do not create nuisances by noise or emissions beyond the premises.

PD, Planned Development District: PD districts designate an area for which an approved development
plan constitutes the district regulations. It is intended to utilize the factors of efficiency, economy,
flexibility, creative site design, improved appearance, compatibility of mixed uses, maximum benefits
from open space, safe and efficient vehicular and pedestrian access for a development characterized by
a unified site design for mixed uses. A planned development district may be predominately residential or
predominately commercial.
PO, Parks/Open Space District: The open space district is established as a district in which the primary
use of the land is predominantly reserved for flood control, future thoroughfare right-of- way, public
recreation, community facility sites, airport approaches, natural or man-made bodies of water, forests,
and other similar open space uses.

Article 4 – Land Use Provisions
4.1.

Purpose and Intent
The use provisions in this chapter indicate which uses and activities are permitted by right,
permitted with conditions, permitted by special exception, and prohibited. The provisions are
intended to produce the desired development outcomes for each district as set forth in the
Comprehensive Plan and in Article 3 – Zoning Map and Districts.

4.2.

Applicability
No land, building or structure, including signs, shall be used or occupied, and no building or sign
shall be constructed, altered or moved, unless in conformity with the regulations herein
specified for the particular zoning district.

4.3.

Table of Permitted Uses
4.3.1. Use Permissions Defined
The Use Table in Section 4.3.2 assigns one of the following permissions to each use in
each district:
A. Permitted Use (P)
The use is permitted by-right, with no additional conditions or requirements.
B. Existing Buildings Only (E)
The use is permitted in existing buildings only and is considered a legal
nonconforming use.
C. Conditional Use (C)
The use is permitted, provided that the additional use conditions set forth in this
article are met.
1. The specified conditions are intended to ensure that these uses are compatible
with other development permitted within the districts.
2. Approval procedures for conditional uses are in Section 9.4.2 (Zoning Permit.)
D. Special Exception (SE)
The use is permitted only when a Special Exception has been approved.
1. Special Exceptions are required for uses that may be compatible with other uses
permitted in a district, but which, because of their unique characteristics or
potential impacts on the surrounding neighborhood and/or the city as a whole,
require individual consideration in their location, design, configuration, and/or
operation at the particular location proposed.
2. All applications for Special Exceptions shall, at a minimum, meet the standards
for the district in which they are located and the additional standards set forth
in this article for that use. There may also be specific building design standards
that must be met (Section 4.5).
3. Approval procedures for Special Exceptions are found in 9.13.
E. Prohibited Uses (blank)
The use is prohibited in the specified district

4.3.2. Table of Permitted Uses
PERMITTED USE TABLE
Type of Use
AGRICULTURAL

RA

RR

SR1

Horticultural nursery
Agricultural Uses or
Animal Production
Cabin, Hunting and
Fishing

P

P

C

P

C

P

P

CAFO

SE

RESIDENTIAL USES
Accessory Dwelling
Unit
Assisted Living Facility
(REMOVE)
Cluster Single Family
Development
Day Care Home, Large
6 to 10
Day Care Home, Small
5 or less
Dweling, Detached
Single Family
Dwelling, Two-Family

C

C

SR2

SR3

TR1

TR3

VC

TC

PI

CC

IC

OC

LI

C

C

C

C

C

C
C

C

C

C

C

C

SE

SE

SE

SE

SE

SE

SE

SE

SE

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

SE

C

C

P

P

P

P

P

C

C

C

SE

SE

E

C

E

E

E

C

E

E

P

P

C

C

P

P

C

C

P

P

P

C

C

Dwelling, Multi-Family

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

C

C

C

C

C

P

P

P

P

P

C

C

C

C

C

Manufactured Home
Manufactured Home
Park

P

P

P

Nursing Homes

SE

SE

P

P

P

P

Short Term Rental

P

P

C

C

C

C

P

P

C

C

C

Car Wash
Catering Service

C

C

Convenience Store

C

P

P

C

P

P

P

C

P

P

P

C

P

C

COMMERCIAL
Automobile Service
Station, Major
Automobile Service
Station, Minor
Automobile, ATV,
Motocycle, or Boat
Sales
Automotive Parts
Stores

Check Cashing
Commercial Day Care
Center

C

P

P

C

SE
C

PO

C

Dwelling, Three-Family

Rowhome
Group Home, Large
more than 8
Group Home, Small
less than 8
Home Occupation,
Major
Home Occupation,
Minor

TR2

SE

SE

SE

SE

SE

P

C

C

P

P
P

Code
Section

Drive-thru facility

C

P

C

P

P

C

P

P

P

P

P

P

P

Dry Cleaning
Financial Institutions
Full-Service
Restaurant

C

C

Funeral Homes

P

Garden Centers

SE

General Retail

C

Hardware Stores
Hotels/Motels

P

C

C
C

P

P

P

P

P

P

C

P

P

P

C

C

P

P

C

C

P

P

Indoor Storage
Liquor Stores
Microbrewery, MicroDistillery, MicroWinery

P

P

C

Minature Golf

P

C

C

Mixed-Use Building

P

P

Office Building

C

SE

SE

C

C

P

Office, Medical

C

P

P

P

P

P

Office, Non-medical

C

P

P

P

P

P

Outside Display/Sales

C

P

P

C

Parking Lots

C

C

C

C

C

Personal Service

C

P

P

P

P

C

Pet Boarding
Sexually Oriented
Businesses

C

SE

SE

P
SE

P
S
E

Specialty Retail

C

P

P

P

P

SE

P

P

P

P

SE

SE

P
S
E

C

C

P

P

SE

C

Tattoo Parlor
Tobacco Stores
Vape, E-Cig, store and
lounges
Veterinarian
INSTITUTIONAL,
CIVIC, OR PUBLIC
Ampitheaters
Cemetery and
Mausoleums
Civic and Social
Organizations
Colleges, Universities,
and Vocational
Schools

P

C

P

P

C

C

SE

SE

SE

SE

C

Elementary Schools

SE

SE

SE

Fairgrounds
Farmers Market,
Indoor
Farmers Market,
Outdoor

C

C

C

C

C

C

Golf Course
Government Building
or Facility

P

P

SE

C

C

C

Hospital

C

SE

SE

SE

SE

SE

P

C

P

SE

S
E
P

P

P

P

P

SE

SE

P
S
E

P

SE

SE

SE

P

C

C

SE

SE

P

P
S
E

SE

P

C
SE

C

C

C

C

C

C

P

P

C

C

P
S
E

P

P

P

P

P

P

SE

P

P

P

P

SE
P

C

P

P

C

P

C

SE

P
SE

P

Kindergarten or Preschool

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

S
E

SE

S
E

SE

Parks and Open Space

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Public Utility Stations

P

P

P

P

SE

SE

SE

SE

SE

SE

P

P

P

P

P

SE

Recreational Facilities

P

P

P

P

Religious Assembly

P

P

P

C

C

C

C

P

Secondary Schools

SE

SE

SE

SE

SE

SE

SE

P
S
E

Sports Stadium

SE

Theater
Transportation
Terminal (Bus and
Rail)

SE

SE

C

C

SE

SE

SE

SE

P
C
S
E

P
SE

P

P

P

C

C

P

P

P

SE

P

P

S
E

P

S
E

SE

SE

SE

Animal Shelters

P

P

SE

Correctional Facility

SE

SE

Crematory
Heavy Equipment
Rental

SE

SE

Indoor Shooting Range

SE

Junk Yard or Scap yard
Manufacturing or
Production Facility
Outdoor Shooting
Range

SE

P
S
E
S
E

SE

P
S
E

Outdoor Storage

SE

INDUSTRIAL
S
E
S
E
S
E

SE

P

SE

C
S
E

SE

Reposession Services

S
E
P

C
SE

P
S
E

SE

S
E

C

C

C

P

SE

S
E

S
E

SE

RV Park (Conditional?)
Telecommunication
Tower
Truck Sales and
Service

P

SE

SE

SE

C

P

Warehouse

SE

C

P

Wholesale Trade

SE

P

P

S
E

4.3.3. Multiple Principle Buildings or Uses Per Lot
When all principal uses of a development fall within one use category, the entire
development is assigned to that use category. When the principal uses of a
development fall within different use categories, each principal use is classified in the
applicable category and each use is subject to all applicable regulations for that
category.
4.3.4. Unlisted Uses
Where proposed development contains a use not listed within the Use Table in Section
4.3.2, the Zoning Administrator shall determine the most similar listed use and to apply
the standards of such use. This determination shall be based on the definitions
contained in this Ordinance, the purpose and intent of the respective zoning district,
characteristics of the use including hours of operation, employees, required floor area,

building or site arrangement, and any commonly accepted use-based guides (e.g., North
American Industrial Classification System (NAICS), Institute of Transportation Engineers
(ITS) Trip Generation Guide), and may be appealed using the process identified in
Section 13.10.2.
4.4.

Conditional Use Standards
4.4.1. Agricultural Uses
A. Horticultural Nursery
1. Lot Size: Minimum 2 acres
2. Sale of Produce: Produce stands shall be setback from the road at least 25’ and
outside of any public right-of-way.
3. Animals: Any use under this classification shall not butcher or otherwise
prepare meat for individual sale. All sale of livestock shall adhere to all
applicable local, state, and federal regulations.
B. Agricultural Uses or Animal Production
1. Lot Size: Minimum 2 acres
2. Sale of Produce: Produce stands shall be setback from the road at least 25’ and
outside of any public right-of-way.
3. Animals: Any use under this classification shall not butcher or otherwise
prepare meat for individual sale. All sale of livestock shall adhere to all
applicable local, state, and federal regulations.
4.4.2. Residential Uses
A. Accessory Dwelling Units
1. General Standards: Shall be subordinated in size, scale, and orientation relative
to the primary use.
2. Materials: Shall be composed of the same or similar materials as the primary
use. Similar materials shall be determined by the applicable review entity.
B. Group Home
1. License Required: Shall be licensed by all applicable Federal, State, and Local
agencies.
2. Parking: Shall have a minimum of one on-site parking space for each employee
on shift, in addition to parking standards for dwelling units in Section XX
3. Operation: shall be well maintained inside and outside, be safe and sanitary,
and not be occupied by a person who would constitute a direct threat to the
health and safety of other persons.
4. Spacing: Group Homes shall not be located within a radius of three thousand
(3,000) feet of another Group Home (measured from the nearest point of the
existing home to the nearest point of the proposed home).
C. Multi-Family Dwelling
1. Building Design: Shall be reviewed an approved by the Architectural Review
Board, per Section XX
2. Buffers: When multi-family dwellings share property lines with other residential
districts, a minimum of a 10’ wide buffer shall be retained or planted. This

buffer shall be opaque and at least 6’ in height. A combination of vegetation,
wall, and fencing may be permitted by the Administrator.
3. Mixed-Use: Multi-family units above first-floor commercial uses are permitted
within the Town Center and Village Commercial districts
D. Three-Family Dwelling
1. Building Design: Shall be composed of predominant materials found in the
existing neighborhood.
2. Building Height: Shall be limited to two habitable stories.
3. Buffer: When three-family dwelling units share property lines with detached
single-family dwellings, a 5’ wide buffer shall be retained or planted. The buffer
shall be at least 6’ in height. A combination of vegetation, wall, and fencing may
be permitted by the Administrator
E. Home Occupation
1. The following uses are not permitted as home occupations:
a. Vehicle or Equipment Repair or Service
b. Restaurant or Bars
c. Animal Boarding facilities
d. Lodging, unless an approved short-term rental
e. Medical offices
f. Tattoo parlor or body piercing
g. Any other use determined by the Administrator that would negatively affect
the surrounding neighborhood. Any determination may be appealed to the
Zoning Board of Appeals per Section Appeals to Administrative decisions.
2. Operation: The following shall be requirements for all Home Occupations
a. Shall be conducted inside dwelling by resident family members
b. Utilizes not more than 25% of total dwelling floor area
c. No change in exterior appearance of dwelling
d. No outside display of products
e. No sale of products conducted at the site of the home occupation
f. Creates no health or safety hazard, noise, offensive emission, traffic hazard,
unsightly conditions or nuisance
g. No signage is permitted.
h. No commercial vehicles are permitted
F. Short Term Rental
1. Inspection Required: All units of rental occupancy shall meet the requirements
of the Standard Housing Code. Dwelling Unit inspected and approved ex-officio
State Fire Marshall, the Chapin Area Fire Service and the Building and Zoning
Department of the Town of Chapin, South Carolina
2. Operation: Meals may be served only to registered guests their visitors, and
private contracted gatherings
3. Record: The resident owner shall maintain a guest register to include names,
addresses, and dates of occupancy of all guests
4. Parking: For every rentable unit, one on-site parking space must be provided
unless located in the Town Center or Village Commercial zoning district. On-

street parking may be allowed by Special Exception. Short term rentals within
the Town Center are exempt from this parking requirement
5. Signage: In residential districts, only one freestanding or one wall mounted sign,
not to exceed four square feet in area, non-illuminated, may be located on the
premises of a Short-Term Rental.
6. Distance: Shall not be closer than 300 linear feet from the nearest short-term
rental, unless a special exception is received from the Zoning Board of Appeals.
Short term rentals within the Town Center are exempt from this requirement.
G. Cluster Single Family Development
1. Minimum Lot Size: Minimum of 2-acre site to be developed
2. Density: Development does not exceed permitted density within the entire
tract.
3. Infrastructure: Adequate provisions for access and traffic safety
4. Open Space: Adequate provisions for the preservation and use of open-space
5. Compliance with other regulations: Land Development Regulations are met
H. Day Care Homes
1. Applicability: The following regulations are applicable to both Small and Large
Day Care Homes:
a. Must have a playground or other outdoor recreational equipment
b. The rear yard shall be completely enclosed by a 6’ opaque fence or wall
c. Shall receive all applicable Federal, State, and Local licenses, such as a
license from the South Carolina Department of Social Services.
2. Specific to Large Day Care Homes:
a. Minimum 20,000 square foot lot
b. Shall have at least one on-site parking space per employee at peak shift
c. May have a post and arm sign (Section 9.4.1.B) limited to 6 sq. ft. and not to
exceed a height of 6’
d. Structures on-site shall setback 25’ from any adjacent residential property.
I. Manufactured Homes
1. Applicability: Any manufactured home constructed before July 1, 1970, must be
approved by Underwriters’ Laboratories and any mobile home constructed after
that time must meet all applicable state and federal standards. Manufactured
Homes shall not be used as an accessory dwelling unit.
2. Design Standards
a. All manufactured home shall have a permanent and continuous foundation
enclosure, unpierced except for required ventilation and access, shall be
installed. The enclosure may consist of brick or concrete block, or other
masonry, or wood, rigid vinyl or metal fabricated for this purpose.
b. Any wood framing for foundation skirting shall be constructed with treated
lumber. The foundation or skirt shall be in compliance with all applicable
codes and regulations.
c. Any tongue, axles, running lights, and removable towing apparatus must be
removed or screened prior to the issuance of a certificate of occupancy

d. Roofs must be covered with a material that is customarily used on site-built
dwellings
e. Exterior siding shall be wood, vinyl, metal horizontal siding, brick, fiber
cement board, stucco, or similar materials. Smooth, ribbed, or corrugated
metal or plastic panels, exposed plywood, and materials with a high-gloss
finish are not permitted
f. All such units shall be required to have adequate sanitary facilities with such
facilities being properly connected to the sanitary sewer system of the town
and be served by a separate electric meter
J. Manufactured Home Parks
1. Minimum Lot Size: 2 acres with a minimum width of 150 feet
2. Infrastructure: The site shall be served by public water and sewer facilities.
3. Maximum Density: 2 manufactured home units per acre
4. Minimum Width of Leasable Lot: 40 feet
5. Open Space: 20% of the total land shall be devoted to open space. Types of
permitted open or green spaces can be found in Article (Landscaping/Buffer)
4.4.3. Commercial Uses
A. Automobile Service Stations
1. Fuel Sales: Fuel pumps may be an accessory to Automobile Service Stations.
Fuel sales as an accessory to Grocery Stores shall be permitted by special
exception by the Zoning Board of Appeals.
2. Screening of Vehicles: All vehicles being stored on the property for the
purposes for repair, service, or maintenance shall be located in the rear of the
building and screened from the public right-of-way.
3. Canopy and Fuel Pumps: Shall be oriented to the side or rear of the principal
structure.
B. Car Wash
1. Location of Service Areas: Locations of bays for vacuums and other equipment
shall be placed on the side or rear of the principal building.
C. Catering
1. The sale of individual meals for general public shall be classified as a full-service
restaurant and not a catering service.
D. Check Cashing
1. Location: Shall not be closer than 3,000 linear feet from the nearest check
cashing, title loan, or other similar establishment.
E. Convenience Store
1. Accessory: Shall be permitted in Automobile Service Stations in connection with
Fuel Sales. Fuel sales shall not be permitted as an accessory where Automobile
Service Stations are not permitted.
F. Commercial Day Care Center
1. Minimum Lot Area: 20,000 square feet
2. Indoor Area: The building shall contain a minimum of 35 square feet of floor
area for each child, based on maximum enrollment

3. Playground: All outdoor play areas shall be a minimum of 4’ and shall enclose
the entire play area. No play areas shall be permitted in the side or front yard.
G. Dry Cleaning
1. Storage: No outdoor storage or displays are permitted
H. Financial Institutions
1. Drive-Through: Drive-through windows, ATMs, or other services intended to
serve customers while in a vehicle are not permitted in the Village Commercial
and Town Center.
I. Hardware Store
1. Specific to VC: No outdoor storage of materials, equipment, or vehicles
permitted. Items for sale may be permitted against the exterior walls of the
use, however it shall not obstruct any pedestrian sidewalks or vehicular
circulation.
J. Hotels or Motels
1. Accessory Uses: Permitted to have any accessory use that is otherwise allowed
in the zoning district in which the primary use is located.
a. Types of Accessory Uses: Uses accessory to Hotels shall be bars, restaurants,
salons, gyms, and other compatible uses that retain the character of the
district
b. Location of Accessory Uses: Shall be located on the first floor and have their
own separate means of ingress, unless specifically for the utilization of hotel
guests.
K. Liquor Stores
1. Location: Shall not be located within 1,000 linear feet of a church or school.
Shall not be located within 1,000 linear feet of another liquor store.
L. Microbrewery, Micro-Distillery, Micro-Winery
1. Location: Shall not be located within 1,000 linear feet of a church or school.
M. Miniature Golf Courses
1. Operation: Shall not operate between the hours of 12:01 a.m. and 6:00 a.m. of
any day.
N. Office Building
1. Minimum Lot Size: 1 acre
2. Sign: May have one tenant directory sign with a maximum size of 32 square
feet, with a height of 10’. The sign shall be setback at least 25’ from the primary
frontage.
3. Accessory Uses: An office building may have accessory uses, such as a salon,
convenience store, electrical vehicle charging stations, restaurants and other
accessory uses that serve the needs of the building’s occupants.
O. Parking Lots
1. Design: Shall comply with all parking standards in Article: Parking
2. Specific to TC and VC: Shall not be located adjacent to an existing property
utilized as a parking lot as its primary use.
P. Personal Service

1. Specific to RA and RR: Permitted as an accessory use, and shall follow the
regulations for Home Occupations in Section 4.2.2.E
Q. Pet Boarding
1. Location: All cages or kennels for animals shall be located in the rear of the
building.
2. Screening: All kennels shall be opaquely screened form the public right-of-way
and adjacent properties. Areas reserved for the exercise and play of animals
shall be defined by a 6’ wall or fence.
3. Operation: Outdoor activity is permitted during daylight hours, animals must be
boarded indoors at night.
R. Tattoo Parlor
1. Location: Shall not be located within 1,000 linear feet of a church or school.
S. Veterinarian
1. Animal Boarding: The keeping of any animals overnight shall be permitted if the
animal is kept indoors.
a. Specific to TC and VC: Overnight animal boarding is not permitted unless
completely inside a building.
2. Specific to RA and RR: Animal Boarding shall follow all Home Occupation
standards in Section 4.2.2.E
4.4.4. Institutional-Civic-Public Uses
A. Amphitheaters, Outdoor
1. Operation: The use shall only operate between 8:00am and 10:00pm unless a
noise ordinance waiver is granted by the governing authority.
2. Lighting and Noise: No speaker or lighting fixture shall negatively affect any
adjacent residential property.
B. Cemetery and Mausoleums
1. Lot Size: Minimum lot size of 1 acre
C. Civic and Social Organizations
1. Operation: Shall not disrupt the character of the district.
D. Colleges, Universities, Vocational Schools, and Private Schools
1. A master plan for the campus is required.
2. The use is compatible with the district, and adequate provisions for the
preservation and use of open space.
E. Fairgrounds
F. Farmers Market, Indoor and Outdoor
1. Permit Required: All vendors within an authorized farmer’s market shall obtain
all applicable licenses to operate within the State of South Carolina and Town of
Chapin.
2. Operation: Sales shall be conducted within the property or properties, and shall
not obstruct any areas intended for the circulation of pedestrians or vehicles.
G. Government Building or Facility
1. Size: Shall be limited to a 2,500 square foot building footprint.
H. Religious Assembly
1. Minimum Lot Size: 20,000 sq. ft.

2. Setbacks: Primary building at least 25’ from adjacent residentially zoned
properties.
3. Accessory Uses: Day cares and schools are allowable accessory uses.
I. Theater
1. Operation: The use shall only operate between 8:00am and 10:00pm unless a
noise ordinance waiver is granted by the governing authority.
2. Lighting and Noise: No speaker or lighting fixture shall negatively affect any
adjacent residential property.
4.4.5. Industrial Uses
A. Heavy Equipment Rental
1. Storage of Equipment and Vehicles: No storage of vehicles or equipment shall
be in the front yard, or between the buildings and a public right-of-way.
2. Screening: All vehicles and equipment being stored overnight on-site shall be
opaquely screened or located not to be visible from the public right-of-way.
B. Repossession Services
1. Storage of Equipment and Vehicles: No storage of vehicles or equipment shall
be in the front yard, or between the buildings and a public right-of-way.
2. Screening: All vehicles and equipment being stored overnight on-site shall be
opaquely screened or located not to be visible from the public right-of-way.
C. RV Parks
1. Lot Size: Minimum of 9 acres
2. Maximum Units: Eight (8) units per acre
3. Individual lots: Each lot for a unit shall be a minimum of 35’ wide.
4. Accessory Buildings: No accessory buildings used for bathrooms, utilities or
other supporting infrastructure shall be permitted for occupancy.
a. Bathroom: All parks shall have adequate toilet facilities
5. Fire Apparatus Access Road: Shall provide fire access roads per South Carolina
law.
6. Fire Hydrant: Shall provide fire hydrant systems when served by a public water
system. Any requirements by the Lexington County Fire Marshal shall supersede
the requirements in this section.
7. Land Disturbance: All land disturbance activities shall receive all applicable
local, state, and federal permits prior to the work being commenced.
8. Buffer: All RVs within the park shall be setback a minimum of 50’ from property
lines. All vegetation within buffer areas shall be retained.
9. Condition: All RVs shall be operable and moveable. Non-operable or moveable
vehicles shall be removed from the site after 10 days.
D. Telecommunication Facility
1. Shall adhere to the standards in Section 4.7
E. Truck Sales and Service
1. Storage of Equipment and Vehicles: No storage of vehicles or equipment shall
be in the front yard, or between the buildings and a public right-of-way.
2. Screening: All vehicles and equipment being stored overnight on-site shall be
opaquely screened or located not to be visible from the public right-of-way.

F. Warehouse
1. Loading Bays: All bays used for truck delivery or loading shall be on the rear of
the building. In the case where this is not possible, loading areas may be
oriented toward the side, however no loading area shall be visible from the
public right-of-way.
2. Outdoor Storage: All supplies, non-operable vehicles, and equipment shall be
stored in the rear of the building. No storage is permitted between the building
and the public right-of-way.
4.5.

Accessory Uses and Structures
4.5.1. Accessory Use Permissions Defined
This Section authorizes the establishment of accessory uses and structures that are
incidental and customarily subordinate to principal uses. The Town’s intent in adopting
this section is to allow a broad range of accessory uses. Such uses shall be located on the
same site as the principal use and shall comply with the standards set forth in this
section in order to reduce potentially adverse impacts on surrounding lands.
4.5.2. Accessory Use Table
ACCESSORY USE TABLE

Type of
Accessory Use
Accessory
Dwelling Unit
Automated
Teller
Machine
(ATM)
Beekeeping
Boat house
and/or dock
Caretaker
Dwelling
Carport
Chicken
Coop*
Co-locating for
attennae (on a
struture)
Deck or Patio
Drive-Through
Window
Electrical
Vehicle
Charging
Station

RA RR SR1 SR2 SR3 TR1 TR2 TR3 VC TC PI
P

P

P

P

P

C

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

SE

SE

SE
P

SE
P

P

P

P

OC LI PO

P

P

P

SE

SE SE

P

SE C
P P

C
P

C
P

P

C

C

C

C

P

P

P

C

P

P

CC IC

P

SE

SE

P

SE
P

P

SE
P

SE

SE

SE

P

P

Garage
detached
Garage,
attached
Gazebo
Greenhouse
Outdoor
Display/Sales
Outdoor
Storage for
Equipment or
Materials
Parking Lots
Porch
Private Stable
Shed
Solar Energy
System
Swimming
Pool

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P
P
P

P
P
P

P
P
P

P
P
P

P
P
P

P
P
P

P
P
P

P
P
SE

P
P

P
P

P

P

P

P

P
P

C

C

SE C

C

SE
P

P

P
P

P
P

SE
P
P P

P
P

P

P

C

SE

P
P
P

P
P
P

P
SE
C

P

P

P

P

P

SE
P

C

C

C

C

C

C

SE

P

C

C

P

P

P

P

P

P

C

C

C

C

C

C

C

P

P

P

P

P

P

P

P

P

P

C

A. Accessory Use Standards
1. Accessory Dwelling Unit
a. Location: Shall be located in the rear. May be constructed above an existing
attached or detached garage, if compliant with all other regulations.
b. Size: Shall not be larger than 50% of the gross floor area of the principal use,
or 1,500 square feet, whichever is smaller. Shall have a minimum size of 240
square feet.
2. Automated Teller Machine (ATM)
a. Location: Shall be located within or on the exterior façade of the principal
use. For pedestrian accessible machines, it is encouraged to place adjacent
to existing sidewalk connection.
b. Accessory: Shall only be an accessory to a use. ATMs shall not be
considered a primary use.
3. Beekeeping
a. Location: Shall be located in the rear yard, and shall not create a nuisance
to adjacent uses. The owner shall live on premises where bees are kept. No
colony shall be within 30 feet of adjacent buildings on adjacent lots.
b. Size: Shall be a maximum of five colonies, each with one queen
c. Design: A flyway barrier of at least 6’ in height is required, composed of a
fence, wall or opaque vegetations. The walls of the barrier shall be oriented
towards adjacent uses and buildings. A freshwater source shall be located
within 15’ of the structure. Swarm management techniques shall be
implemented.

4. Boat House and Dock
a. Permit Required: Shall receive all relevant permits and approvals from
Federal, State, or Local agencies prior to construction.
5. Caretaker Dwelling
a. Location: Shall be located on the same premises with the principal use for
which it is required.
b. Number: No more than one residence on the property, and shall be
occupied by owners or employees of the use for which it is required.
c. Design: Shall be constructed so that the exterior of the premises provides a
style consistent with the principal structure. Mobile or Manufactured
homes shall not be used as a Caretaker’s Dwelling, unless a special
exception is granted by the Zoning Board of Appeals.
6. Carport
a. Location: Shall be located on the side or rear of the principal structure. No
portion of the carport shall be placed in front of the principal structure.
b. Design: Shall be composed of materials that are found on the principal
structure. If the carport is used for storage, other than an operable vehicle,
it shall be fully enclosed and not visible from the public right-of-way. No
prefabricated or pre-manufactured metal structures are permitted.
a. Exceptions: Carports in the RR and RA district may be prefabricated or
pre-manufactured.
7. Chicken Coop
a. Permit Required: Requires a Zoning Permit from Zoning Administrator. The
owner of the chicken coop shall live on premises. No commercial offpremise activity is permitted.
b. Maximum Allowed: No roosters shall be permitted. A maximum of 4 female
chickens, quail, or ducks. A minimum of two square feet per domesticated
female chicken shall be provided for the chicken coop
c. Coop Required: Must be confined in a coop which is fully enclosed with a
solid floor and made of suitable, washable material. The coop shall be
cleaned regularly with all droppings and excretions placed in a flyproof
container. The chicken coop and fenced enclosure must provide adequate
ventilation and adequate sun, shade and must be constricted in a manner to
resist access by rodents, wild birds and predators including dogs and cats.
Chicken coops shall be enclosed on all sides and shall have a roof and doors.
Opening windows and vents must be covered with predator- and birdresistant wire of less than one-inch openings.
d. No slaughtering of fowl is permitted on premises
e. All stored food for the domesticated female chickens must be kept either
indoors or in a weather-resistant container designed to prevent access by
animals. Uneaten food shall be removed daily.
8. Deck or Patio

a. Location: Shall be located in the side or rear of the principal use. Patios or
Decks associate with a commercial use may be incorporated within the front
entrance, but only when approved by the Architectural Review Board.
b. Materials: Shall be composed of materials found on the principal use.
9. Drive-through Window
a. Location: Shall be located on the side or rear of the principal use
10. Electrical Vehicle Charging Station
a. Applicability: Charging stations for private dwellings are exempt from these
standards.
b. Examples: EV Charging stations shall be an accessory for automobile service
stations in combination with fuel pumps, commercial developments,
parking lots, parking garages, and other uses determined by the
Administrator.
11. Garages
a. Attached
a. Design: Shall not be composed of a prefabricated or pre-manufactured
metal structure. Garages shall be composed of materials and design that
complements the principal structure.
b. Location: Shall be located on the side or rear of the principal structure
c. Size: A maximum of two bays may face the public right-of-way,
additional bays shall be perpendicular to the right-of-way. Garages shall
not exceed the height of the principal structure.
b. Detached
a. Design: Shall not be composed of a prefabricated or pre-manufactured
metal structure. Garages shall be composed of materials and design that
complements the principal structure
i Exceptions: Detached garages within the RR and RA zoning district
are exempt from this requirement.
b. Location: Shall be located in the rear or side of a principal structure.
Shall be setback completely behind the principal structure.
12. Gazebo
a. Location: Shall be located in the rear or side of a principal use.
b. Design: Shall not be used for parking of vehicles. If used for storage, other
than patio furniture or similar items, any side visible from an adjacent
property shall be enclosed or opaquely screened.
13. Greenhouse
a. Location: Shall be located in the rear or side of the principal use, and shall
be located completely behind the principal use.
14. Outdoor Display or Sales
a. Location: Shall not obstruct any sidewalk, egress, ingress, nor areas where
vehicles or pedestrian circulate.
b. Permit Required: Shall provide information regarding to time period,
location, type of products, and other information deemed necessary by
Administrator prior to a Zoning Permit being issued.

15. Outdoor Storage for Equipment or Materials
a. Location: Storage for equipment and materials shall only be permitted in
the Light Industrial (LI) district. Permitted uses conducting vehicle sales are
exempt from this requirement.
b. Design: Equipment and materials shall be stored in the rear or a non-visible
side of the property. Any equipment or materials that are being stored shall
not be visible from the public right-of-way.
16. Parking Lots
a. Location: Shall not be located between the primary façade and primary
street frontage within the Village Commercial and Town Center districts.
17. Porch
a. Location: Shall be located on the front, side, or rear elevation of a principal
use.
b. Design: Shall be composed of materials found on the principal use. Porches
shall be encouraged to have equally spaced columns and openings.
Additionally, porches are encourages to center door and window openings
within the column openings.
c. Size: The minimum width of a front porch shall not be less than 25% of the
width of the front façade of the primary structure. Side and rear porch
widths shall be 25% of which the porch is constructed on. Side and rear
porches are exempt from this requirement if they are not visible from the
public right-of-way.
18. Private Stable
a. Location: Only permitted in the RR or RA zoning District. Can be located in
front of primary building, if compliance with all other setbacks
b. Setback: Shall be setback at least 200’ away from adjacent buildings on
adjacent properties.
c. Operation: Shall only be used for the housing of horses owned by the
person residing on the property.
19. Shed
a. Location: Shall be located in the rear or non-visible side of the property.
b. Design: Shall not be a premanufactured or prefabricated metal building.
Shall be composed of materials that are present on the principal use.
i Exceptions: Sheds within the RR and RA zoning district are exempt from
this requirement.
20. Solar Energy System
a. Location: Shall only be installed on a roof. Shall be installed on roof slopes
not visible from public right of way.
21. Swimming Pool
a. Location: Shall be located within the rear or side yard. Shall be completely
screened with a fence or wall from the public right-of-way and adjacent
properties.

4.6.

Sexually-Oriented Businesses
4.6.1. Purpose and Intent
It is the purpose of this section to regulate sexually-oriented businesses to promote the
health, safety, morals, and general welfare of the citizens of the Town of Chapin, and to
establish reasonable and uniform regulations to prevent the continued deleterious
location and concentration of sexually-oriented businesses within the town. The
provisions of this section have neither the purpose nor 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 Ordinance 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 nor effect of this section to condone or
legitimize the distribution of obscene material.
4.6.2. Definitions
A. Adult arcade means any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or mechanically
controlled still or motion picture machines, projectors, or other image-producing
devices are maintained to show images to five (5) or fewer persons per machine at
any one time, and where the images so displayed are distinguished or characterized
by the depicting or describing of “certain sexual activities” or “specified anatomical
areas”.
B. Adult bookstore or adult video store means a commercial establishment which, as
one of its principal business purposes, offers for sale or rental for any form of
consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, or video reproductions, slides, or other visual
representations which depict or describe “specified sexual activities” or
“specified anatomical areas”; or
2. Instruments, devices, or paraphernalia which are designed for use in connection
with “specified sexual activities.” A commercial establishment may have other
principal business purposes that do not involve the offering for sale or rental of
material depicting or describing “specified sexual activities” or “specified
anatomical areas” and still be categorized as adult bookstore or adult video
store.
Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult bookstore or adult video store
so long as one of its principal business purposes is the offering for sale or rental
for consideration the specified materials which depict or describe “specified
sexual activities” or “specified anatomical areas”.
C. Adult cabaret means a nightclub, bar, restaurant or similar commercial
establishment which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the exposure of “specified
anatomical areas” or by “specified sexual activities”; or

D.

E.

F.

G.

H.

I.

J.

K.

3. Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of
“specified sexual activities” or “specified anatomical areas”.
Adult motel means a hotel, motel or similar commercial establishment:
1. Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
video cassettes, slides, or other photographic reproductions which are
characterized by the depiction or description of “specified sexual activities” or
“specified anatomical areas”; and has a sign visible from the public right-of-way
which advertises the availability of this adult type or photographic
reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10)
hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period
of time that is less than ten (10) hours.
Adult motion picture theater means a commercial establishment where, for any
form of consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly shown which are characterized by the
depiction or description of “specified sexual activities” or “specified anatomical
areas”.
Adult theater means a theater concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or
live performances which are characterized by the exposure of “specified anatomical
areas” or by “specified sexual activities”.
Escort means a person who, for consideration, agrees or offers to act as a
companion, guide, or date for another person, or who agrees or offers to privately
model lingerie or to privately perform a striptease for another person.
Escort Agency means a person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business purposes for a
fee, tip, or other consideration.
Establishment means and includes any of the following:
1. The opening or commencement of any sexually-oriented business as a new
business;
2. The conversion of an existing business, whether or not a sexually-oriented
business, to any sexually-oriented business;
3. The additions of any sexually-oriented business to any other existing sexuallyoriented business; or
4. The relocation of any sexually-oriented business.
Permittee and/or licensee means a person in whose name a permit to operate a
sexually-oriented business has been issued, as well as the individual listed as an
applicant on the application for a permit.
Nude Model Studio means any place where a person who appears in a state of
nudity or displays “specified anatomical area” is provided to be observed, sketched,

drawn, painted, sculptured, photographed, or similarly depicted by other persons
who pay money or any form of consideration.
L. Nudity or a state of nudity means the appearance of a person’s genitals, pubic area,
vulva, anus, anal cleft or cleavage or buttocks or any simulation thereof; or any
portion of a female breast below the horizontal line across the top of the areola at
its highest point or any simulation thereof. The definition shall include the
appearance of any portion of the entire lower portion of the female breast.
M. Person means an individual, proprietorship, partnership, corporation, association, or
other legal entity.
N. Semi-nude means a state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as portions of the
body covered by supporting straps or devices.
O. Sexual encounter center means a business or commercial enterprise that, as one of
its primary business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
2. Activities between male and female persons and/or persons of the same sex
when one or more of the persons is in a state of nudity or semi-nude.
P. Sexually-oriented business means an adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio, or sexual encounter center.
Q. Specified anatomical areas means the male genitals in a state of sexual arousal
and/or the vulva or more intimate parts of the female genitals.
R. Specified sexual activities means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks,
anus or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy;
3. Masturbation, actual or simulated;
4. The fondling, erotic touching, or other such contact with an animal by a human
being; or
5. Excretory functions as part of or in connection with any of the activities set forth
in 1 through 4 above.
S. Substantial enlargement of a sexually-oriented business means the increase in floor
areas occupied by the business by more than twenty-five (25) percent, as the floor
areas exist.
T. Transfer of ownership or control of a sexually-oriented business means and includes
any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer or securities which constitute a controlling interest in the business,
whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device which transfers
the ownership or control of the business.
4.6.3. Classification

Sexually-oriented businesses are classified as follows:
A. Adult arcades;
B. Adult bookstores or adult video stores;
C. Adult cabarets;
D. Adult motels;
E. Adult motion picture theaters;
F. Adult theaters;
G. Escort agencies;
H. Nude model studios; and
I. Sexual encounter centers.
4.6.4. Permit Required
A. Operation of a sexually-oriented business requires a valid permit from the Town of
Chapin for the particular classification of business.
B. An application for a permit must be made on a form provided by the Town of
Chapin zoning department. The application must be accompanied by a sketch or
diagram showing the configuration of the premises, including a statement of the
total floor space occupied by the business. The sketch or diagram need not be
professionally prepared but must be drawn to a designated scale or drawn with
marked dimensions of the interior of the premises to an accuracy of plus or minus
six (6) inches.
C. The applicant must be qualified according to the provisions of this chapter and the
premises must be inspected and found to be in compliance with the law by the
health department, fire department, and building official. The health department,
fire department and building office shall complete their inspections and certify same
to the Zoning Administrator within twenty-one (21) days of receipt of the
application by said Zoning Administrator.
D. If a person who wishes to operate a sexually-oriented business is an individual, he
must sign the application for a permit as applicant. If a person who wishes to
operate a sexually-oriented business is other than an individual, each individual who
has a ten (10) percent or greater interest in the business must sign the application
for a permit as applicant. If a corporation is listed as owner of a sexually-oriented
business or as the entity which wishes to operate such a business, each individual
having a (10) percent or greater interest in the corporation must sign the application
for a permit as applicant.
E. The fact that a person possesses other types of state, or Town of Chapin permits
and/or licenses does not exempt that person from the requirement of obtaining a
sexually-oriented business permit.
4.6.5. Issuance of Permit and Fee
A. The Town Zoning Administrator shall approve the issuance of a permit to an
applicant within thirty (30) days after receipt of an application unless any one or
more of the following is found to be true:
1. An applicant is under eighteen (18) years of age;
2. An applicant is overdue payment to the Town of Chapin for taxes, fees, fines, or
penalties assessed or imposed in relation to a sexually-oriented business;

3. An applicant has failed to provide information reasonably necessary for issuance
of the permit or has falsely answered a question or request for information on
the application;
4. An applicant is residing with a person who has been denied a permit by the
Town of Chapin to operate a sexually-oriented business within the preceding
twelve (12) months, or residing with a person whose license to operate a
sexually-oriented business has been revoked within the preceding twelve (12)
months;
5. The premises to be used for the sexually-oriented business have not been
approved by the health department, fire department, and the building official as
being in compliance with applicable laws and ordinances;
6. The permit fee required by this Ordinance has not been paid;
7. An applicant of the proposed establishment is in violation of or is not in
compliance with any of the provisions of this Ordinance; or
8. The permit, if granted, shall state on its face the name of the person or persons
to whom it is granted, the expiration date, and the address of the sexually
oriented business. The permit shall be posted in a conspicuous place at or near
the entrance to the sexually-oriented business so that it may be easily read at
any time.
B. The annual fee for a sexually-oriented business permit is five hundred dollars ($500)
dollars.
4.6.6. Inspection
A. An application of permittee shall permit representatives of the law enforcement
department, health department, fire department, zoning department or any other
Town of Chapin departments or agencies to inspect the premises of a sexuallyoriented business for the purpose of ensuring compliance with the law, at any time
it is occupied or open for business.
B. A person who operates a sexually-oriented business or his agent or employee
commits a misdemeanor if he refuses to permit such lawful inspection of the
premises at any time it is occupied or open for business.
4.6.7. Expiration of Permit
A. Each permit shall expire one year from the date of issuance and may be renewed
only by making application as provided in Section 4.6.4. Application for renewal
should be made at least thirty (30) days before the expiration date, and when made
less than (30) days before the expiration date, the expiration of the permit will not
be affected.
B. When the Zoning Administrator denies renewal of a permit, the applicant shall not
be issued a permit for one (1) year from the date of denial. If subsequent to denial,
the Zoning Administrator finds that the basis for denial of the renewal permit has
been corrected or abated, the applicant may be granted a permit if at least ninety
(90) days have elapsed since the date of denial became final.
4.6.8. Suspension of Permit

The Zoning Administrator may suspend a permit for a period not to exceed thirty (30)
days if it is determined that a permittee and/or licensee or an employee of a permittee
and/or licensee has:
A. Violated, or is not in compliance with any section of this Ordinance; or
B. Engaged in excessive use of alcoholic beverages while on the sexually- oriented
business premises; or
C. Refused to allow an inspection of the sexually-oriented business premises as
authorized by this chapter; or
D. Knowingly permitted gambling by any person on the sexually-oriented business
premises.
4.6.9. Revocation of Permit
A. The Zoning Administrator shall revoke a permit if it is determined that:
1. A permittee and/or his licensee knowingly gave false or misleading information
in the material submitted to the zoning department during the application
process; or
2. A permittee and/or licensee or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises; or
3. A permittee and/or licensee or an employee has knowingly allowed prostitution
on the premise; or
4. A permittee and/or licensee or an employee knowingly operated the sexuallyoriented business during a period of time when the permittee’s and/or
licensee’s permit was suspended; or
5. A permittee and/or licensee or an employee has knowingly allowed any act of
sexual intercourse, sodomy, oral copulation, masturbation or other sexual
conduct to occur in or on the permitted and/or license premises; or
6. A permittee and/or licensee is delinquent in payments to the Town of Chapin or
state for any taxes of fees past due.
B. When the Zoning Administrator revokes a permit, the revocation shall continue for
one (1) year, and the permittee and/or licensee shall not be issued a sexuallyoriented permit for one (1) year from the date revocation became effective. If,
subsequent to revocation, the Zoning Administrator finds that the basis for the
revocation has been corrected or abated, the applicant may be granted a permit if
at least ninety (90) days have elapsed since the date the revocation became
effective.
4.6.10. Transfer of Permit
A permittee and/or licensee shall not transfer his permit to another, nor shall a
permittee and/or licensee operate a sexually-oriented business under the authority of a
permit at any place other than the address designated in the application.
4.6.11. Location of Sexually-Oriented Businesses
A. A sexually-oriented business may be permitted by Special Exception within the
Corridor Commercial (CC) and Interstate Commercial (IC) zoning districts.
B. A sexually-oriented business shall not be operated within one thousand (1,000) feet
of:
1. A church;

2. A public or private elementary or secondary school;
3. A boundary of any residential district;
4. A public park adjacent of any residential use;
5. A day care center; or
6. The property line of a lot devoted to residential use.
C. A sexually-oriented business shall not be operated within one thousand (1,000) feet
of another sexually- oriented business.
D. There shall be no more than one (1) sexually-oriented business in the same building,
structure, of portion thereof, or the increase of floor areas of any sexually-oriented
business in any building, structure, or portion thereof containing another sexually
business.
E. For the purpose of this Ordinance, measurement shall be made in a straight line,
without regard of intervening structures or objects, from the nearest portion of the
building or structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of the premises of a church, day
care center, or public or private elementary or secondary school, or to the nearest
boundary of an affected public park, residential district, or residential lot.
F. For purposes of Section 4.6.11.B of this section, the distance between any two (2)
sexually-oriented businesses shall be measured in a straight line, without regard to
intervening structures or objects, from the closest exterior wall of the structure in
which each business is located.
G. 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, of a church, public or private elementary or
secondary school, public park, day care center residential district, or a residential lot
with one thousand (1,000) feet of the sexually-oriented business. This provision
applies only to the renewal of a valid permit, and does not apply when an
application for a permit is submitted after a permit has expired or has been revoked.
4.6.12. Additional Regulations for Adult Motels
A. Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two (2) or more times in a period of
time that is less than ten (10) hours creates a rebuttable presumption that the
establishment is an adult motel as that term is defined in this chapter.
B. A person commits a misdemeanor if, as the person in control of a sleeping room in a
hotel, motel, or similar commercial establishment that does not have a sexuallyoriented permit, he rents or subrents a sleeping room to a person and, within ten
(10) hours from the time the room is rented, he rents or subrents the same sleeping
room again.
C. For purposes of this section, the terms “rent” or “subrent” mean the act of
permitting a room to be occupied for any form of consideration.
4.6.13. Regulations for Exhibition of Sexually Explicit Films or Videos
A. A person who operates or causes to be operated, a sexually-oriented business,
other than an adult motel, which exhibits on the premises in a viewing room of less
than one hundred fifty (150) square feet of floor space, a film, video cassette, or

other video reproduction which depicts “specified sexual activities” or specified
anatomical areas, shall comply with the following requirements:
1. Upon application for a sexually-oriented permit, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying
the location of one or more manager’s stations and the location of all overhead
lighting fixtures and designating any portion of the premises in which patrons
will not be permitted. A manager’s station may not exceed thirty two (32)
square feet of floor area. The diagram shall also designate the place at which
the permit will be conspicuously posted, if granted. A professionally prepared
diagram in the nature of an engineer’s or architect’s blueprint shall not be
required; however, each diagram should be oriented to the north or to some
designated street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions of all
areas of the interior of the premises to an accuracy of plus or minus six (6)
inches. The Town of Chapin Zoning Administrator may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration of the premises has
not been altered since it was prepared;
2. The application shall be sworn to be true and correct by the applicant;
3. No alteration in the configuration or location of a manager’s station may be
made without the prior approval of the Zoning Administrator or his designee;
4. It is the duty of the owners and operator of the premises to ensure that at least
one (1) employee is on duty and situated in each manager’s station at all times
that any patron is present inside the premises;
5. The interior of the premises shall be configured in such a manner that there is
an unobstructed view from a manager’s station of every area of the premises to
which any patron is permitted access for any purpose excluding restrooms.
Restrooms may not contain video reproduction equipment. If the premises has
two (2) or more manager’s stations designated, then the interior of the
premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted access for
any purpose from at least one (1) of the manager’s stations. The view required
in this subsection must be by direct line of sight from the manager’s station;
6. It shall be the duty of the owners and operator, and it shall also be the duty of
any agents and employees present in the premises, to ensure that the view area
specified in subsection (5) remains unobstructed by any doors, walls,
merchandise, display racks or other materials at all times and to ensure that no
patron is permitted access to any area of the premises which has been
designated as an area in which patrons will to be permitted in application filed
pursuant to subsection (1) of this section;
7. No viewing room may be occupied by more than one (1) person at any time;
8. The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an

illumination of not less than one (1) foot candle as measured at the floor level;
and
9. It shall be the duty of the owners and operator and it shall also be the duty of
any agents and employees present in the premises to ensure that the
illumination described above is maintained at all times that any patron is
present in the premises.
B. A person having a duty under the above regulations commits a misdemeanor if they
knowingly fail to fulfill that duty.
4.6.14. Exemptions
It is a defense to prosecution that a person appearing in a state of nudity did so in a
modeling class operated:
A. By a proprietary school, licensed by the state of South Carolina; a college, junior
college, or university supported entirely or partly by taxation;
B. By a private college or university which maintains and operates education programs
in which credits are transferable to a college, junior college, or university supported
entirely or partly by taxation; or
C. In a structure:
1. Which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing; and
2. Where, in order to participate in a class a student must enroll at least three (3)
days in advance of the class; and
3. Where no more than one (1) nude model is on the premises at any one (1) time.
4.7.

Telecommunication Tower
4.7.1. Purpose
The regulations of this section are designed to site communications towers in the Town
of Chapin. The regulations in this section are not meant to conflict with any regulations
from a Federal or State agency. It is the intent of this article to allow for the coexistence of communications towers and other land uses balanced with reducing the
overall negative impact of communications towers by:
A. Reducing the number of towers by encouraging collocation; and
B. Encouraging the following the mitigation actions:
1. The clustering of towers;
2. The provision of effective screening; and
3. The location of communications equipment on existing structures.
4.7.2. Dimensional Requirements
Districts
Height
Setback (from adjacent
properties)
Rural Agricultural (RA)
100’
100’
Rural Residential (RR)
100’
100’
Public Institutional (PI)
150’
100’
Corridor Commercial (CC)
150’
100’
Interstate Commercial (IC) 200’
50’
Light Industrial (LI)
200’
50’

4.7.3. Exemptions
The following proposed uses shall require only a zoning permit:
A. Colocation. Proposed communications equipment collocating on existing towers and
structures without adding to their height.
B. Roof-Mounted Telecommunication Equipment. Antennas mounted on buildings,
water tanks or structures other than a free-standing or guyed communications
tower and which do not extend more than 30 feet above the highest part of the
structure.
C. Minor Modifications to Existing Facilities. Modifications to conforming
telecommunications facilities that meet the requirements contained herein such as
the addition of accessory equipment.
4.7.4. Tower abandonment and removal.
A tower that is not used for communication purposes for more than 120 days (with no
new application on file for any communication user) is presumed to be out of service
and the owner of such tower must notify Town staff and remove the tower within 50
days. Where an owner does not remove an abandoned tower, the Town will utilize the
bond provided as part of subsection 4.7.5.L.
4.7.5. Submittal requirements.
All applications for telecommunications towers shall follow the applicable process as
provided in this section. In addition to those requirements, every application must
contain the following items:
A. A site plan showing the location of the tower guy anchors (if any), existing or
proposed buildings and structures or improvements, including parking, driveways or
access roads, signage, fences and protected trees affected by the proposed
construction. Adjacent land uses shall also be noted on the site plan, with precise
measurements noted between the proposed tower and any structures on
surrounding properties.
B. The site plan must show a vegetated buffer, either existing or proposed, that
provides an effective screen from public rights-of-way, adjacent property owners,
parks, historic properties, and across view corridors.
C. The height and design of the tower, materials to be used, color, and lighting shall be
shown on elevation drawings. The applicant shall submit documentation justifying
the total height of any communications towers, facility and/or antenna.
D. Setback to the proposed tower including the fall zone. The fall zone shall be
determined by an engineer certified by the State of South Carolina in a letter which
includes the engineer's signature and seal.
E. 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 winds in accordance with ANSI/EIAMA 222 (latest version) standards.
F. Evidence that a valid FCC license for the proposed activity has been issued.
G. The distance between the proposed tower and all other telecommunication
facilities serving any property within the Town of Chapin.
H. A copy of the tower's search ring.

I.

To ensure the removal of towers which do not meet requirements for continued use
or proper maintenance, a statement of financial responsibility shall be submitted for
each tower and a performance bond for the amount of anticipated removal costs
shall be posted. The bond must be renewed as necessary to ensure that it is
maintained at all times during the existence of the tower.
J. The applicant shall furnish a visual impact assessment which shall include:
1. A zone visibility map which shall be provided to determine locations where the
tower may be seen from.
2. Pictorial representations of before and after view from key viewpoints both
inside and outside the Town including, but not limited to:
a. Major highways and roads;
b. State and local parks;
c. Historic districts;
d. Preserves and historic sites normally open to the public; and
e. Any other location where the site is visible to a large number of visitors,
travelers or residents.
3. An assessment of the visual impact of the tower base, guy wires and accessory
buildings from abutting and adjacent properties and streets
K. Additional information required by the Zoning Administrator for determination that
all applicable zoning regulations are met.
L. The applicant and the owner of record of any proposed wireless
telecommunications facility shall, at its cost and expense, be required to execute
and file with the Town a bond or other form of security acceptable to the Town as
to type of security and the form and manner of execution, in an amount of at least
seventy-five thousand dollars ($75,000.00) for a wireless telecommunications
facility and twenty-five thousand dollars ($25,000.00) for a co-location on an
existing wireless telecommunications facility or other structure and with such
sureties as are deemed sufficient by the Town to assure the faithful performance of
this Section.
4.7.6. Conditions
Where a project may be conditionally approved, the applicant must show that all
conditions below are met:
A. The proposed communications tower, antenna or accessory structure will be placed
in a reasonably available location which will minimize the visual impact on the
surrounding area and allow the facility to function in accordance with minimum
standards imposed by applicable communications regulations and applicant’s
technical design requirements
B. The location and height of the proposed tower will not substantially impact the
character of property listed in or eligible for the National Register of Historic Places,
other significant environmental, cultural, or historical site, officially designated
scenic roads or rivers, and that the tower is designed to blend into the environment
and minimize visual impact.

C. The applicant has made every effort to build the proposed tower in such a manner
as may allow other telecommunication users to collocate including designing the
tower for at least two (2) additional colocations.
D. The proposed tower is located such that adequate setbacks are provided on all sides
to prevent the tower's fall zone from encroaching onto adjoining properties.
E. Applicant must show that all applicable health, nuisance, noise, fire, building and
safety code requirements are met.
F. The tower must be located no closer to a structure on a separate lot than a distance
equal to 1 foot for each foot in height of the proposed tower plus 50 feet as
measured from the center of the proposed tower.
G. The proposed tower is illuminated as required by the Federal Communications
Commission or Federal Aviation Administration.
H. Towers shall contain a sign no larger than four square feet to provide adequate
notification to persons in the immediate area of the presence of an antenna that
has transmission capabilities. The sign shall contain the names of the owners and
operators of the antennas, as well as emergency phone numbers. The sign shall be
located to be visible from the access point of the site. No other signage, including
advertising, shall be permitted on any facilities, antennas, antenna supporting
structures or antenna towers, unless required by law.
I. Proposed towers may not be located within 1,000 feet of an existing tower unless
the applicant certifies and submits satisfactory written evidence such as
correspondence, agreements, contracts, etc., that the existing tower does not meet
the applicant's structural specifications and the applicant's technical design
requirements, or that a collocation agreement could not be obtained at a
reasonable market rate. In the event of the situation set forth in this subsection, the
clustering of new towers on the same parcel near existing towers is permitted.
J. The applicant has pursued any available publicly owned sites and privately owned
sites occupied by a compatible use, and if not utilized, that these sites are
unsuitable for operation of the facility under applicable communications regulations
and the applicant's technical design requirements.
K. Applicant must show by certificate from a registered engineer that the proposed
facility will contain only equipment meeting FCC rules and must file with the Zoning
Administrator a written indemnification of the municipality and proof of liability
insurance or financial ability to respond to claims up to $1,000,000.00 in the
aggregate which may arise from operation of the facility during its life, at no cost to
the municipality, in form approved by the municipality attorney.
L. Land development regulations, visibility, fencing, screening, landscaping, parking,
access, lot size, exterior illumination, sign, storage, and all other general zoning
district regulations except setback and height, shall apply to the use. Setback and
height conditions in this section apply.
4.7.7. Special Exception
A tower, pole, or antenna may be permitted by special exception granted by the Board
of Zoning Appeals after public hearing and find that the special exception meets all the
criteria for special exception approval per Section Special Exception Criteria

4.8.

Temporary Uses
4.8.1. Permits Required
Unless otherwise provided, all permitted temporary uses listed below shall require a
temporary use permit that shall be reviewed and issued by the administrator, subject to
the procedures outlined in Section 9.4 (Zoning Permit). If a use is not on the list below, it
is prohibited.
4.8.2. Standards for Temporary Uses
A. Permanent changes to the site are prohibited, including tree removal.
B. All other required permits must be obtained by the operator.
C. The applicant must provide a letter of consent from the owner of record of the
property on which the temporary uses are to operate.
D. The applicant may be required to provide a site plan drawn to scale or showing
measurements, which show the property boundaries, the location and dimensions
of the proposed temporary use area, existing buildings, existing parking areas and
existing driveways and roads. If there will be any temporary structures, such as a
tent or stand, they also need to be shown on the site plan.
E. Setbacks: Setbacks for structures (tents, stands, etc.), items for sale, or parking
areas shall be 10 feet from any adjacent property line or street right-of-way except,
that there shall be a 30 foot setback from any arterial road.
4.8.3. Permitted Temporary Use
A. Open lot sale of seasonal produce and plant products including Christmas trees, in
the RA and RR Districts for a period not to exceed 45 days. Applicant’s shall obtain a
Zoning Permit as well as all applicable licenses from the Town, County, or State.
B. Temporary real estate sales offices (e.g., mobile trailer), in conjunction with an
approved subdivision or development project, in any district, for a period not to
exceed 1 year, provided no cooking or sleeping accommodations are maintained in
the structure. These may be renewed, upon written request, for periods of 6
months at a time if the subdivision has an active Project Permit.
C. For new construction, a contractor’s office and equipment sheds, including steel
cargo storage containers, in any district districts, for a period of 1 year, provided a
Project Permit has been issued for construction on the site, and such facilities are
placed on the property to which it is appurtenant
D. Temporary classroom facilities shall not be located at any school, religious
institution, or other similar use, unless a plan for improvements designed to
eliminate the temporary classrooms at a time certain in the future has been
approved by the Zoning Administrator or appropriate zoning process. Such process
shall include a review of the placement of the temporary classrooms, and may
require screening and buffering for compliance. Extensions of up to 1-year may be
permitted by the administrator, upon written request, if the units have not proven
to be a nuisance and the plan for elimination is still active.
E. Portable steel storage containers are permitted in any district for purposes of
loading or unloading, for a period not to exceed 14 days. Where a container is

placed within the Right-of-Way, prior authorization from the regulating authority
shall be obtained.