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

CHAPIN UNIFIED ZONING & DEVELOPMENT ORDINANCE
STEERING COMMITTEE MEETING
Town Hall
March 16, 2023
2:00 P.M.
AGENDA
Call to order
Freedom of Information Act Compliance
Approval of Minutes
1. February 14, 2023 Meeting Minutes
2. February 16, 2023 Meeting Minutes
Old Business
3. Draft Article 4 Review
Adjourn

TOWN OF CHAPIN
UNIFIED DEVELOPMENT ORDINANCE COMMITTEE
MEETING MINUTES
Thursday February 14, 2023
2:00 P.M.

Town Hall

Members Present: Planning Commission Members Rae Davis, Caleb Pozsik, Clay Cannon (via Zoom), Laura
Cannon, Yvonne Hudson (via Zoom)
Staff Present: Planning and Zoning Manager Kevin Singletary, Mayor Al Koon
Staff Absent: Town Administrator Nicholle Burroughs, Town Clerk Shannon Bowers
Guests: Riccardo Giani - MRB Group (via Zoom)
Call to Order: Chair Davis called the meeting to order at 2:06 p.m. and acknowledged the appropriate
notifications in compliance with the SC Freedom of Information Act had been met.
Review of Permitted Use Tables: Mr. Singletary began the discussion by stating this session was a
continuation of the discussion from the previous Unified Zoning and Development Ordinance (UDO) meeting.
Discussions included permitted uses in the zoning categories and which uses would be appropriate in each
zoning district and special exception uses for each zoning category. Mr. Singletary also noted the importance of
having setback, buffer, and parking requirements to distinguish each zoning district. Mr. Gianni noted that
those specific requirements are to be included as a part of the draft regulations to be reviewed later. Further
discussions centered around RV parks/campgrounds, density requirements in each zoning district, potential
conditions for uses, home occupations (major and minor), and short term rentals.
Adjournment: Member Hudson moved to adjourn the meeting. Member Pozsik seconded the motion.
Meeting was adjourned at 4:20 p.m.

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

ATTEST:
Shannon Bowers, Town Clerk

TOWN OF CHAPIN
UNIFIED DEVELOPMENT ORDINANCE COMMITTEE
MEETING MINUTES
Thursday February 16, 2023
2:00 P.M.

Town Hall

Members Present: Planning Commission Members Rae Davis, Caleb Pozsik, Clay Cannon, Laura Cannon,
Yvonne Hudson (arrived at 2:05 p.m.)
Staff Present: Planning and Zoning Manager Kevin Singletary, Mayor Al Koon
Staff Absent: Town Administrator Nicholle Burroughs, Town Clerk Shannon Bowers
Guests: Riccardo Giani - MRB Group (via Zoom)
Call to Order: Chair Davis called the meeting to order at 2:04 p.m. and acknowledged the appropriate
notifications in compliance with the SC Freedom of Information Act had been met.
Approval of Minutes: Vice Chair Pozsik moved to accept the January 26, 2023 meeting minutes as presented.
Member Clay Cannon seconded the motion. No further discussion, motion passed unanimously.
Chair Rae Davis:
Vice Chair Caleb Pozsik:
Member Clay Cannon:
Member Yvonne Hudson:
Member Laura Cannon:

Yes
Yes
Yes
Yes
Yes

Old Business
Mr. Singletary stated there was nothing new to discuss in this section, but wanted to include it in case the
committee had any further comments before moving to new business. There were no further comments from
the committee.
New Business
Draft Article 4 Review: The committee first reviewed the conditional use standards in the use table which
included any changes that were made from the February 14 meeting. The committee then reviewed the Article
4 draft and offered comments on land use provisions as they relate to setbacks, rights-of-way, buffers,
conditions, and special exception uses. Some conditions discussed centered around uses for short-term rentals,
RV park/campgrounds, accessory buildings, and daycare/childcare facilities.
At this point, Chair Davis moved for a short recess. Member Hudson seconded the motion. The committee
recessed the meeting at 3:21 p.m.
Chair Davis called the meeting back at 3:29 p.m.
Further discussions included comments on conditions for manufactured homes, short term rentals, bed and
breakfast, automobile, ATV, Motorcycle, or boat sales, service bay doors, and convenience stores.

Unified Development Ordinance Committee

February 16, 2023

Mr. Singletary stated that items __________ will be for discussion with Mr. Gianni to set more specific
conditions to be included in these provisions.
Mr. Singletary noted that review will continue at the next meeting. He hopes to have a full draft of the
document by the end of the month. A tentative second UDO meeting will need to be scheduled for March, and
the UDO committee will review to send on to the Planning Commission for review. He did state there would be
round table discussions and public sessions to gather public input before moving on to Town Council for
review.
Adjournment: Member Hudson moved to adjourn the meeting. Member Pozsik seconded the motion.
Meeting was adjourned at 4:44 p.m.

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

ATTEST:
Shannon Bowers, Town Clerk

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:
1. Permitted Use (P)
The use is permitted by-right, with no additional conditions or requirements.
2. Existing Buildings Only (E)
The use is permitted in existing buildings only and is considered a legal
nonconforming use. Any expansions over 20% to the gross floor area, or
renovations exceeding parameters in Section XX shall be governed by Article 11
(nonconforming)
3. 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.)
4. 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.
5. Prohibited Uses (blank)
The use is prohibited in the specified district

1

4.3.2. Table of Permitted Uses

(PAGE INENTIONALLY LEFT BLANK)

2

Type of Use
AGRICULTURAL
Horticultural nursery
Agricultural Uses or Animal Production
CAFO
Campground
RV Park
RESIDENTIAL USES
Accessory Dwelling Unit
Bed and Breakfast Residence (5 or less)
Bed and Breakfast Inn (6-10)
Conservation Subdivision
Day Care Home - Large (6-10)
Day Care Home - Small (5 or less)
Dwelling, Detached Single Family
Dwelling, Two-Family
Dwelling, Three-Family
Dwelling, Multi-Family
Group Home - Large (8 or more)
Group Home - Small (7 or less)
Manufactured Home
Manufactured Home Park
Nursing Homes
Rowhome
Short Term Rental
COMMERCIAL
Automobile Service Station, Major
Automobile Service Station, Minor
Automobile, ATV, Motorcycle, or Boat Sales
Automotive Parts Stores
Bar or Night Club (need permitted districts)
Car Wash

SECTION 4.3.2 - TABLE OF PERMITTED USES
RA RR SR1 SR2 SR3 TR1 TR2 TR3 VC TC PI
C
C
SE
C
SE

C
C

C
C
C
C
SE
SE
P
P

C
C
C
C
SE
SE
P

C
C

SE

SE

SE

OC LI

C

C

PO Code Section
C

C
SE

SE
C
C

C

CC IC

C

C

C
SE
P
P

C
C
SE

C

C
SE
P
P

SE
C

C

C
SE
P
P

C
C
C

C
C
C

SE
P
P
P
C

E
E
P
P
SE
C

P
P
C

SE
C

SE
C

SE
P
P
P
P
C
SE
C

P

P
P
C

P
P
C

SE

C
C

C
C

SE
C
C
C
C

P
C

C
C

P
C
E
E

C
C
SE

C
3

SE

P
C

SE

P

P

C
C
C
P
C
C

C
C
C
P
C
P

C
C

C

P

Catering Service
Check Cashing
Type of Use
Commercial Day Care Center
Convenience Store
Dry Cleaning
Financial Institutions
Funeral Homes
Garden Centers
General Retail
Hardware Stores
Hotels/Motels
Indoor Storage
Liquor Stores
Microbrewery, Micro-Distillery, Micro-Winery
Miniature Golf
Mixed-Use Building
Office Building
Office, Medical
Office, Non-medical
Outside Display/Sales
Parking Lots
Personal Service
Pet Boarding
Restaurant, Full Service
Sexually Oriented Businesses
Specialty Retail
Tattoo Parlor
Tobacco Stores
Vape, E-Cig, store and lounges
Veterinarian

C

C

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

C

C
C
C
C
C
C
C

C
C

C
C

P
SE
P
P

P
SE
P
P

C
P
SE
P

C
P
SE
P

P

C

P
SE
P
SE
C

SE

C

P
P
C

C

C

C

C
C

INSTITUTIONAL, CIVIC, OR PUBLIC
Amphitheaters
4

P
SE
CC
P
P
P
P
P
P
P
P
P

P

C
IC
P
P
P

OC LI
P

PO Code Section

P

P
P
P
P
P
P
P

P
C

C
P
P
P
C
P
P
P
SE
P

C
P
P
P
C
P
P
P
SE
P

P
P
P

C
SE
P

SE
P P

C

C

C
C

C

Cemetery and Mausoleums
Civic and Social Organizations
Colleges, Universities, and Vocational Schools
Elementary Schools
Type of Use
Farmers Market, Indoor
Farmers Market, Outdoor
Golf Course
Government Building or Facility
Hospital
Kindergarten or Pre-school
Parks and Open Space
Public Utility Stations
Recreational Facilities
Religious Assembly
Secondary Schools
Sports Stadium
Theater
Transportation Terminal (Bus and Rail)
INDUSTRIAL
Animal Shelters
Correctional Facility
Crematory
Heavy Equipment Rental
Indoor Shooting Range
Junk Yard or Scrap yard
Manufacturing or Production Facility
Outdoor Shooting Range
Outdoor Storage
Repossession Services
Telecommunication Tower
Truck Sales and Service
Warehouse

P
C
C
SE
RA
C
C
P
C
C
SE
P
P
P
P
SE
SE

P

C
P
SE
SE SE
SE
SE
SE
SE
SE
SE
RR SR1 SR2 SR3 TR1 TR2 TR3 VC
C
C
C
C
C
C
C
C
P
SE
SE
SE
C
C
P
SE

SE
P
P
P
P
SE

SE

SE

P
SE
SE
SE
SE
SE

P
SE
SE

SE
SE

SE

SE

SE

SE

SE

SE
P
P

SE
P
P

SE
P
SE

SE
P
SE

SE
P
SE

P
SE

C
SE

C
SE

C
SE

C
SE

SE

SE
P
SE

SE

SE
P
SE
SE
C
SE
SE
C
SE
SE

SE

SE
5

P
SE
SE
TC
C
C
P
SE
SE
P
SE
C
SE
C
SE

P
P
P
SE
PI
P
P
SE
P
P
SE
P
P
P
P
SE
P
P
P

SE
P
P
SE
CC
P
P

SE SE
P P
P
SE SE
IC OC
P
P P

P
P
SE
P
P
P
P
SE
P
P
P

P
P
SE
P
P

SE P
SE
SE
C
SE

P
SE

SE
C
SE SE
SE

SE
C
SE
C
C

P
P
SE
P
P
P
C P
SE SE
P
P
SE P

C
SE

SE
C
LI
C
C

PO Code Section
P
SE

P

P
P

SE

SE
P
P
SE
SE
P
SE
C
P
SE
P
P

P
SE

Wholesale Trade

SE

P

6

P

4.3.3. Multiple Principal 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 and Special Exception Standards
4.4.1. Agricultural Uses
1. Horticultural Nursery
1. Lot Size: Minimum 2 acres
2. Sale of Produce: Produce stands shall be setback at least 25’ from the edge of
pavement or the back of curb, and shall be located entirely within private
property. If the applicant is not the owner of the property in which the produce
stand is located, they must have written authorization to use the site. The
Administrator may request additional information to ensure health and safety
measures are met.
3. Animals: Any use under this classification shall not butcher or otherwise
prepare meat for individual sale on-site. All sale of livestock and agricultural
products shall adhere to all applicable local, state, and federal regulations.
2. Agricultural Uses or Animal Production
1. Lot Size: Minimum 2 acres
2. Sale of Produce: Produce stands shall be setback at least 25’ from the edge of
pavement or the back of curb, and shall be located entirely within private
property. If the applicant is not the owner of the property in which the produce
stand is located, they must have written authorization to use the site. The
Administrator may request additional information to ensure health and safety
measures are met.
3. Animals: Any use under this classification shall not butcher or otherwise
prepare meat for individual sale on-site. All sale of livestock shall adhere to all
applicable local, state, and federal regulations.
3. Campground
1. Lot Size: Minimum of 5 acres
7

2. Maximum Density: For permanent, habitable, structures, 4 units are permitted
per acre. Individual campsites may not exceed 8 campsites per acre. All
permanent structures shall be required to have a valid certificate of occupancy.
3. Maximum Stay: No person or tent may occupy the campground for a period in
excess of 30 calendar days in a 90-calendar day period.
4. Operation: A register of all occupants, the space occupied, and the time of
arrival and departure shall be maintained by the on-site manager.
5. Recreation: All campgrounds shall have a recreational element such as access
to trails, horse riding, hunting, fishing, kayaking or other similar activity
commonly associated with outdoor activities. All activities shall have the proper
state and federal licenses, when required.
6. Infrastructure: A central service building containing all necessary toilets,
bathhouses and other plumbing fixtures specified in the most current edition of
the Plumbing Code, as amended, shall be provided.
a. Cabins: If a campground only contains cabins, as described within this
section, the requirement for a central service building may be waived by the
Administrator.
7. Buffer: All spaces for camping and recreational vehicles shall be located at least
150 feet from any nearest property line.
8. Dumpster: The site shall have adequate, regular trash collection from a
centrally located dumpster. The dumpster shall be enclosed (per Section
7.3.1.9) and secured to prevent windblown litter or access to animals.
4. Recreational Vehicle (RV) Parks and/or Campground
1. Lot Size: Minimum of 5 acres
2. Maximum Units: Eight (8) units per acre
3. Maximum Stay: No RV may occupy the park for a period in excess of 90
calendar days in a 120 calendar day period.
4. Individual lots: Each leasable lot for a RV shall be a minimum of 35’ wide.
5. Parking: One off-street parking space per individual leasable lot.
6. 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
b. Recreation: All parks shall have a recreational element with access to trail,
water feature, picnic tables, playgrounds, or similar feature.
7. Fire Apparatus Access Road: Shall provide fire access roads per South Carolina
law.
8. 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.
9. Land Disturbance: All land disturbance activities shall receive all applicable
local, state, and federal permits prior to the work being commenced.
10. Buffer: All RVs within the park shall be setback a minimum of 150 feet from
property lines. A landscape buffer Type X shall be required within this setback.

8

11. Dumpster: The site shall have adequate, regular trash collection from a
centrally located dumpster. The dumpster shall be enclosed and secured to
prevent windblown litter or access to animals.
12. Condition of Vehicles: All RVs shall be operable and moveable. Non-operable or
immoveable vehicles shall be removed from the site within 10 days of nonoperability or state of immovability. No RV is permitted to be added-on to, or,
be permanently affixed to utilities.
4.4.2. Residential Uses
1. Accessory Dwelling Units
1. General Standards: Shall be subordinated in size, scale, and orientation relative
to the principal use.
2. Materials: Shall be composed of the same or similar or compatible materials as
the principal use. Similar or compatible materials shall be determined by the
applicable review entity.
2. Bed and Breakfasts
1. Applicability: The regulations in this section apply to both Bed and Breakfast
Inns and Residences.
2. Operation: The use shall be owner-occupied. No hourly rates shall be
permitted. Overnight, weekly, or monthly rates are permitted.
3. Register: The owner shall maintain a register of guests, including name, address,
and date of occupancy, including check-in and check-out.
4. Licenses: The resident owner shall obtain a business license with a valid
Certificate of Occupancy.
5. Design: The principal structures shall retain its single family to remain
compatible within the district that it is located. This condition applies when a
residence is constructed or converted to become a Bed and Breakfast, and also
when an existing Bed and Breakfast is expanded..
6. Accessory Structures: Short term rental units may be permitted within already
approved and compliant accessory dwelling unit. Manufactured Homes may
not be used for a Bed and Breakfast, Inns or Residences.
7. Meals: The owner shall provide a meal for breakfast to all guests. Meals shall
only be served to registered guests.
8. Bed and Breakfasts with Commercial Meeting Privileges: Shall adhere to all
regulations in Section 4.4.2.2 above. Additionally, the hosting of events such as
weddings, business meetings, retreats, reunions, and other organized events
shall only be permitted with the following conditions:
a. Location: Only permitted in Rural Agricultural (RA),Rural Residential (RR),
Town Residential 1 (TR1), Town Residential 2 (TR2), and Town Residential 3
(TR3) districts.
b. Operation: The home’s principal use is residential. The operation of the
facility does not incur repeat or reoccurring violations to the Town’s noise
ordinance, or other Ordinances of the Town. Such repeat violations may
result in suspension or revocation of the business license.

9

3.
4.

5.

6.

7.

8.

c. Minimum lot size: .5 acre, unless the applicant demonstrates conformance
with the below parking requirement and receives the applicable approval
from the Fire Marshal.
d. Parking: The site can accommodate at least 50 on-site parking spaces.
Parking surfaces may be unimproved, however a site plan showing parking
spaces, circulation patterns, and means of ingress and egress shall be
required and evaluated by the Administrator prior to issuances of a permit.
Conservation Subdivision
1. See Article 5 for land development regulations for Conservation Subdivisions.
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 playground or outdoor play area shall be enclosed by a fence or wall.
All access shall be secured from the exterior. Similar methods for securing
outdoor play areas may be considered by the Administrator if the applicant
implements best practices for Crime Prevention Through Environmental
Design (CPTED).
c. Shall receive all applicable Federal, State, and Local licenses, such as a
license from the South Carolina Department of Social Services. Proof of
approval from applicable agencies shall be provided to the Administrator at
the time of application.
2. Applicable to Large Day Care Homes:
a. Minimum 20,000 square foot lot
Dwelling, Detached Single-Family
1. Applicable to VC: Shall have a commercial component, and fall under the
live/work use definition. Commercial components include home occupations,
short term rentals, day cares or Bed and Breakfast uses. The commercial space
shall front the street, the residential portion shall be either in the rear or the
second story of the live/work unit. Building design shall be compatible with
surrounding properties in terms of scale, orientation, massing, setback, and
material composition. Access from alleys or from the rear is encouraged, when
alley is already present and contiguous to the lot alley access is required.
Dwelling, Multi-Family
1. Building Design: Requires a Major Certificate of Appropriateness (Section
10.6.2).
2. Buffers: Shall comply to standards in Article 7.
3. Mixed-Use: Multi-family units above first-floor commercial uses are required
within the Town Center (TC) and Village Commercial (VC) districts.
Dwelling, Three-Family
1. Building Design: Requires a Major Certificate of Appropriateness (Section
10.6.2).
Group Home

10

1. License Required: Shall be licensed and regulated by all applicable Federal,
State, and Local agencies. Proof of licensure shall be provided to the
Administrator.
2. 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. The minimum stay of each occupant,
excluding employees, shall be no less than 30 days.
3. Spacing: Group Homes located within Suburban Districts (SR1, SR2, and SR3)
shall not be located within a radius of three thousand (3,000) feet of another
Group Home, as measured from the nearest point of the existing home property
line to the property line of the proposed home. Group Homes located within all
other districts shall be not be located within a radius of one thousand (1,000)
feet of another Group Home.
4. Group Home Large (8 or more)
d. Minimum Lot: 30,000 sq. ft.
e. Emergency Services: Shall demonstrate that the use is serviceable by the
appropriate emergency service depending on services offered by the
Group Home.
9. Manufactured Homes
1. Applicability: Any manufactured home constructed before July 1, 1970, must be
approved by Underwriters’ Laboratories and any manufactured home
constructed after that time must meet all applicable state and federal
standards.
2. As an Accessory: Manufactured Homes shall not be used as an accessory
dwelling unit, unless within an Rural Residential (RR) and Rural Agricultural
(RA)e
3. 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 other masonry, or wood.
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. The pitch of the main roof shall not be less than 3:12. Minimum
overhang of eaves shall be twelve (12) inches
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
11

and be served by a separate electric meter. Exceptions for septic systems
may be granted where no existing sanitary sewer system connections are
available and approval is granted from the South Carolina Department of
Health and Environmental Control (SCDHEC).
g. Minimum width of the manufactured home as assembled on the site shall
not be less than 20 feet, as measured across the narrowest portion.
10. Manufactured Home Parks
1. Minimum Lot Size: 2 acres
2. Infrastructure: The site shall be served by public water and sewer facilities.
3. Maximum Density: 6 manufactured home units per acre
4. Emergency Services: Shall be within the service area of police, fire, and
ambulatory services and supply a document to the Administrator stating the
availability of services
5. Security: On-site security operating 24 hours a day, 7 days a week is required.
6. Minimum Width of Leasable Lot: 40 feet
7. 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 5
11. Short Term Rental
1. Inspection Required: All short term rental units shall have a valid Certificate of
Occupancy on file at all times.
2. Operation: Meals may be served only to registered guests, their visitors, and
private contracted gatherings. All licenses relating to the operation of a shortterm rental shall be obtained. The owner shall display the business license
number on any online listing.
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. Onstreet parking may be allowed on a case by case basis. Short term rentals within
the Town Center are exempt from this parking requirement
4.4.3. Commercial Uses
1. 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 per the
accessory use table in Section 4.3.2.
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, and adjacent property.
3. Canopy and Fuel Pumps: Shall be oriented to the side or rear of the principal
structure.
2. Automobile, ATV, Motorcycle, or Boat Sales
1. Parking of Vehicles: No vehicles shall be stored on an unimproved surface,
required buffer, berm, or landscaping feature. No vehicle shall be elevated for
the purposes of advertising, by any means, above the parking grade. Vehicles
12

3.

4.

5.

6.

7.

8.

for repair shall be stored in the rear or side, screened from the public right of
way, and adjacent property. No vehicle undergoing repair services, under any
circumstance, should be on-site for more than 90 days.
2. Service Bay Doors: Repair of vehicles or boats shall occur within an enclosed
building. Service bay doors shall not be visible from the public right-of-way. If
service bay doors face a residential property, they shall be opaquely screened
from view.
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. Drying fans shall be
placed so as to reduce the impact of noise audible on adjacent property as
much as possible.
Catering
1. Operation: The sale of individual meals for general public shall be classified as a
full-service restaurant and not a catering service.
2. Home Occupation: If tied to a home occupation, the applicant shall adhere to all
requirements of Home Occupations (Section 4.5.5.1.14)
Check Cashing
1. Location: Shall not be closer than 3,000 linear feet from the nearest check
cashing, title loan, pawn shop, or other similar establishment, as determined by
the Zoning Administrator.
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: Outdoor playground equipment is required. All outdoor play areas
shall be enclosed by a fence or wall no less than 4’ feet in height and shall form
the defined perimeter of the play area. Any access points along the fence or wall
shall be locked. No play areas shall be permitted in the side or front yard.
Convenience Store
1. As an Accessory Use: Shall be permitted in Automobile Service Stations.
2. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
d. Size: 10,000 sq. ft. maximum gross floor area.
e. Infrastructure: Shall be connected to public water and sewer.
f. Emergency Services: Shall demonstrate that the use is serviceable by
emergency services to include ambulatory, fire, and police.
g. Operation: May include the processing of wild game, as defined by the
South Carolina Department of Natural Resources (DNR) , however the area
dedicated to processing shall not exceed 25% of the gross floor are of the
use. This shall not be misconstrued as meat processing or food processing
facility as defined by the State of South Carolina. Encouraged to sell
recreational items that relate to the natural amenities of surrounding areas
such as kayaks, fishing poles, camping supplies, and other similar products.
Dry Cleaning
13

1. Storage: No outdoor storage or displays are permitted
2. Truck Loading or Delivery Areas: All areas for the purposes of loading,
unloading, and deliveries shall be located in the rear of the use and be screened
from adjoining properties.
9. Funeral Homes
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Accessory Use: May have an attached crematory, however it shall not be
more than 25% of the gross floor area of the funeral home
b. Maximum Size: 10,000 sq. ft.
11. General Retail
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR)
a. Size: 10,000 sq. ft. maximum gross floor area
b. Infrastructure: Shall be connected to public water and sewer.
12. Hardware Store
1. Applicable to Village Center (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.
13. Hotels or Motels
1. Accessory Uses: Permitted to have any accessory use that is otherwise allowed
in the zoning district in which the principal 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. Rooftop, waterfront, or other type of accessory uses that take
advantage of scenic views or natural features shall be permitted, as long as
there is no conflict with other regulations within this Ordinance.
c. Operation: No hourly rates shall be permitted. Overnight, weekly, or
monthly rates are permitted.
2. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Infrastructure: Shall be connected to public water and sewer.
c. Operation: No hourly rates shall be permitted. Overnight, weekly, or
monthly rates are permitted.
d. Emergency Services: Shall demonstrate that the use is serviceable by
emergency services to include ambulatory, fire, and police.
14. Liquor Stores
1. Location: Shall not be located within 1,000 linear feet of a church or school,
except when located within a Town Center (TC) and Village Center (VC). Shall
not be located within 1,000 linear feet of another liquor store.
15. Microbrewery, Micro-Distillery, Micro-Winery

14

1. Location: Shall not be located within 1,000 linear feet of a church or school,
except within a Rural Agricultural (RA) and Rural Residential (RR) Districts.
2. Outdoor Recreation: All play areas or outdoor seating areas shall have a defined
permitted. Areas adjacent to roadways or vehicular circulation shall be
protected by a fence, vegetation, or combination thereof without obstructing
sight triangles.
3. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Infrastructure: Shall be connected to public water and sewer.
c. Accessory Uses: May be permitted to have a commercial kitchen that is
compliant with all food safety, building, and fire codes.
d. Agricultural Component: At least 5% or 150 sq. ft., whichever is greater,
shall be dedicated to the growing of agricultural produce such as wheat,
barley, grapes, herbs, or other produce that is non-invasive.
16. Miniature Golf Courses
1. Operation: Shall not operate between the hours of 12:01 a.m. and 6:00 a.m. of
any day.
2. Lighting and Noise: Lighting shall comply with the requirements in Article 8.
The use shall comply with the noise ordinance of the Town. Lighting within the
course shall be shielded and contained to the course as to not spillover to
adjacent properties or become a traffic hazard. The Administrator may require a
photometric plan if deemed necessary
3. Buffer: Shall have a street buffer in accordance with Section 7.3.2.8.
4. Course Design: Structures, characters, vegetation or other decorative elements
shall reflect historical or cultural elements of the Town, Region, or State. The
course shall be designed with proper safety measures to include, but not limited
to, perimeter fencing, barriers around water features, and appropriate interior
signage.
17. Office, Medical and Non-Medical
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Infrastructure: Shall be connected to public water and sewer
18. Office Building
1. Minimum Lot Size: 1 acre
2. 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.
3. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Infrastructure: Shall be connected to public water and sewer.
19. Outdoor Sales and Storage
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Location: Shall be setback at least 50 feet from the road, or placed behind
an existing building.
15

b. Design: Shall be placed on a site that is sufficiently improved to withstand
the load of stored materials and vehicles.
c. Site Plan: A site plan shall be required showing the areas of outdoor storage
and sales to ensure pedestrian and vehicular circulation.
d. Operation: Outdoor storage as a principal use is not permitted.
e. Infrastructure: Shall be connected to public water and sewer.
20. Parking Lots
1. Design: Shall comply with all parking standards in Article: Parking
2. Applicable to Town Center (TC) and Village Commercial (VC): Shall not be
located adjacent to an existing property utilized as a parking lot as its principal
use.
3. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: Shall not exceed 20 spaces
b. Storage: Shall be kept free of storage of inoperable vehicles when a parking
lot is the principal use for the property. When parking lots are associated
with another primary use, it may be permitted for vehicle storage, however
it shall be fully enclosed and screened from view with vegetation, fencing,
or combination thereof.
c. Design: Shall be composed of either asphalt, concrete, or pervious
materials that can withstand the load of its intended use.
21. Personal Service
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR): Permitted as an
accessory use, and shall follow the regulations for Home Occupations in Section
4.5.5.1.14.
22. 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.
4. Compliance with other codes and regulations: Applicant shall comply with all
other Town, County, State, and Federal Regulations. (Code of Ordinances Town
of Chapin, 3.102)
a. Applicable to Town Center (TC) and Village Commercial (VC): All animals
shall be within the building. Outdoor kennels are not permitted.
23. Restaurant, Full Service
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 10,000 sq. ft. maximum gross floor area
b. Design: No flat or parapet roofs. Minimum roof pitch shall be 4:12.
c. Infrastructure: Shall be connected to public water and sewer.
24. Specialty Retail
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
16

a. Size: 10,000 sq. ft. maximum gross floor area
b. Infrastructure: Shall be connected to public water and sewer.
c. Emergency Services: Shall demonstrate that the use is serviceable by
emergency services to include ambulatory, fire, and police.
d. Operation: May include the processing of wild game and animals to include
deer, cows, pigs, chickens, fish, and fowl, however the area dedicated to
processing shall not exceed 25% of the gross floor are of the use. This shall
not be misconstrued as meat processing or food processing facility as
defined by the State of South Carolina. Encouraged to sell recreational items
that relate to the natural amenities of surrounding areas.
25. Tattoo Parlor
1. Location: Shall not be located within 1,000 linear feet of a church or school,
except when located within Town Center (TC) or Village Commercial (VC).
26. Tobacco Stores
1. Location: Shall not be closer than 3,000 linear feet from the nearest tobacco
store.
27. Vape Store
1. Location: Shall not be located closer than 3,000 linear feet from the nearest
vape store, school, or place for religious assembly.
28. Veterinarian
1. Animal Boarding: The keeping of any animals overnight shall be permitted if the
animal is kept indoors.
a. Applicable to Town Center (TC) and Village Commercial (VC): Overnight
animal boarding is not permitted unless completely inside a building.
2. Applicable to Rural Agricultural (RA) and Rural Residential (RR): Animal
Boarding shall follow all Home Occupation standards in Section 4.2.2.E
4.4.4. Institutional-Civic-Public Uses
1. Amphitheaters, Outdoor
1. Operation: The use shall only operate between 8:00am and 10:00pm unless a
noise ordinance waiver is granted by the Town of Chapin.
2. Lighting and Noise: The operation of this use shall adhere to the noise ordinance
of the Town. All lighting shall be design to be suffieciently shielded and directed
as to prevent spillover to adjacent properties. The Administrator may require a
photometric plan if deemed necessary.
2. Cemetery and Mausoleums
1. Lot Size: Minimum lot size of 1 acre
3. Civic and Social Organizations
1. Operation: Shall not disrupt the character of the district.
2. Applicable to Suburban Residential 3 (SR3), Town Residential 1 (TR1), Town
Residential 2 (TR2), and Town Residential 3 (TR3) Districts: The applicant shall
demonstrate the need for the proposed use to the Administrator and Zoning
Review Board with a narrative.
4. Colleges, Universities, Vocational Schools, and Private Schools

17

5.

6.

7.

8.

9.

1. Site Plan: A master plan for the campus is required. The use is compatible with
the district, and adequate provisions for the preservation and use of open
space.
2. Need: Documentation from the local school board or other accredited
educational institution or authority detailing the need for this use in its
proposed location.
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: Shall operate between 6 a.m. and 10 p.m. and shall be on Saturday
and Sunday unless otherwise approved by the Town.
3. Hours of Operation: Sales shall be conducted within the property or properties,
and shall not obstruct any areas intended for the circulation of pedestrians or
vehicles.
Government Building or Facility
1. Size: Shall be limited to a 2,500 square foot building footprint within Suburban
Residential 1 (SR1) zoning district.
2. Demonstration of Need: The applicant shall provide all necessary documentation
demonstrating the need for the proposed facility as prepared by a person
experienced in the same field. (Ex: Chief of Police or County Sheriff proposing
new police substation)
Hospitals
1. Applicable to Rural Agricultural (RA) and Rural Residential (RR):
a. Size: 15,000 sq. ft. maximum gross floor area
b. Design: No flat or parapet roofs. Minimum roof pitch shall be 4:12.
c. Infrastructure: Shall be connected to public water and sewer.
d. Licensing: Shall have all Federal and State licenses.
e. Need: Shall provide documentation detailing demand or need of healthcare
facilities.
Religious Assembly
1. Minimum Lot Size: 20,000 sq. ft.
2. Setbacks: Principal building at least 25’ from adjacent residentially zoned
properties.
3. Accessory Uses: Day cares and Sunday schools are allowable accessory uses.
Theater
1. Operation: The use shall only operate between 8:00am and 10:00pm unless a
noise ordinance waiver is granted by the Town. Indoor shows or events are
exempted from this requirement.
2. Lighting and Noise: No speaker or lighting fixture shall negatively affect any
adjacent residential property. The use shall comply with applicable lighting
standards and noise ordinance. Theater search lights as a decoration may be used
as long as the applicant demonstrates compliance with applicable Federal, State,

18

and Local laws. Additionally search lights shall not be directed at ground level,
any buildings or structures, or any vehicles.
4.4.5. Industrial Uses
1. Heavy Equipment Rental
1. Parking of Vehicles: No vehicles or equipment shall be stored on an unimproved
surface, required buffer, berm, or landscaping feature. No vehicle shall be
elevated for the purposes of advertising, by any means, above the parking
grade. Vehicles for repair shall be stored in the rear or side, screened from the
public right of way, and adjacent property. No vehicle undergoing repair
services, under any circumstance, should be on-site for more than 90 days.
2. Service Bay Doors: Repair of vehicles or boats shall occur within an enclosed
building. Service bay doors shall not be visible from the public right-of-way. If
service bay doors face a residential property, they shall be opaquely screened
from view
3. Screening: All vehicles and equipment being stored overnight on-site shall be
located in the rear or side and opaquely screened or located not to be visible
from the public right-of-way.
2. 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.
3. Security: The applicant shall submit a site plan that includes the location and
specification of video surveillance equipment, sufficient screening, and
perimeter security. Additionally, the applicant shall be required to employ or
have a contract with a license security professional 24 hours a day, seven day a
week.
3. Telecommunication Facility
1. Shall adhere to the standards in Section 4.7
4. 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.
5. 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
19

4.5.4. 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.
4.5.5. Accessory Use Table
(ACCESSORY USE TABLE ON NEXT PAGE)

20

SECTION 4.5.4 - ACCESSORY USE TABLE
Type of Accessory Use

RA

RR

SR1

SR2

SR3

TR1

TR2

Accessory Dwelling Unit

P

P

P

P

P

C

C

TR3

Automated Teller Machine (ATM)
Beekeeping

P

P

P

P

Boat house and/or dock

P

P

P

P

VC

TC

PI

CC

IC

OC

P

P

P

P

P

P

Carport

P

P

P

P

P

P

P

Chicken Coop*

P

P

P

P

P

SE

SE

Co-locating for antennae (on a
structure)
Deck or Patio

SE

SE

P

P

P

P

P

P

SE

P

SE

SE

SE

P

P

SE
SE

SE

SE

C

C

C

P

P

P

P

P

P

C

C

C

C

P

P

P

P

Drive-Through Window

SE

Electrical Vehicle Charging Station

SE

SE

Fairgrounds

C

C

Garage detached

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Garage, attached

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Gazebo

P

P

P

P

P

P

P

P

P

P

P

Greenhouse

P

P

P

P

P

P

P

SE

Home Occupation

P

P

C

C

C

C

C

C

Outdoor Display/Sales
Outdoor Storage for Equipment
or Materials
Parking Lots
Porch

P

P

P

Private Stable

P

P

SE

Shed

P

P

Solar Energy System

P

Swimming Pool

P

PO

C

P

Caretaker Dwelling

P

LI

P

P
P

C

C

C

C

SE

SE

C

SE

C

C
SE

P

P

P

P

P

P

P

P

P

P

P

P

P

P

C

C

C

C

C

C

C

SE

P

C

C

P

P

P

P

P

C

C

C

C

C

C

C

P

P

P

P

P

P

P

P

P

21

P

C

P

P

C

SE

1. 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 principal use.
c. Design: The Administrator may request that the applicant demonstrate
compliance with Crime Prevention Through Environmental Design (CPTED)
best practices to ensure the health and safety of users.
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. Manufactured homes shall not
be used as a Caretaker’s Dwelling, unless a special exception is granted by
the Board of Zoning 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,
22

it shall be fully enclosed and not visible from the public right-of-way. No
prefabricated or pre-manufactured metal structures are permitted.
i.
Exceptions: Carports in the RR, RA, and SR1 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, except in Rural
Agricultural (RA) and Rural Residential (RR). A maximum of 4 female
chickens, quail, peahens, or ducks, except within RA and RR. A minimum of
two square feet per domesticated female chicken shall be provided for the
chicken coop. Invasive species are not permitted
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, and shall
not face any public ROW
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

23

i.

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.
ii.
Location: Shall be located on the side or rear of the principal structure
iii.
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
i.
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. Detached garages within the RR
and RA zoning district are exempt from this requirement
ii.
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.
b. Storage: May not be used for storage of items or materials unrelated to the
care of plants and/or flowers.
c. Maintenancee Shall be kept in good condition and invasive species.
14. Home Occupation
a. The following uses are not permitted as home occupations:
i.
Vehicle or Equipment Repair or Service
ii.
Restaurant or Bars
iii.
Animal Boarding facilities
iv.
Lodging, unless an approved short-term rental or bed and breakfast
v.
Medical offices
vi.
Tattoo parlor or body piercing
b. Any other use determined by the Administrator that would negatively affect
the surrounding neighborhood, such as noxious noise, smells, sights, or
similar negative affect to the senses.
c. Operation: The following shall be requirements for all Home Occupations:
d. Shall be conducted inside dwelling by resident family members
e. Utilizes not more than 25% of total dwelling floor area
f. No change in exterior appearance of dwelling
g. No outside display of products
h. No sale of products conducted at the site of the home occupation
i. Creates no health or safety hazard, noise, offensive emission, traffic hazard,
unsightly conditions or nuisance
24

j. No signage is permitted.
k. No commercial vehicles are permitted
15. 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.
16. 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.
17. Parking Lots
a. Location: Shall not be located between the principal façade and principal
street frontage within the Village Commercial and Town Center districts.
18. 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 encouraged 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 principal 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.
19. Private Stable
a. Location: Only permitted in the RR or RA zoning District. Can be located in
front of principal 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.
20. 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.
21. Solar Energy System
25

a. Location: Shall only be installed on a roof or canopy. Shall be installed on
roof slopes not visible from public right of way.
22. 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
4.6.4. 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.
4.6.5. Definitions
1. 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”.
2. 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
26

3.

4.

5.

6.

7.

8.

9.

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”.
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
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 principal 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;

27

3. The additions of any sexually-oriented business to any other existing sexuallyoriented business; or
4. The relocation of any sexually-oriented business.
10. 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.
11. 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.
12. 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.
13. Person means an individual, proprietorship, partnership, corporation, association, or
other legal entity.
14. 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.
15. Sexual encounter center means a business or commercial enterprise that, as one of
its principal 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.
16. 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.
17. 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.
18. 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.
19. 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.
28

20. 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.
4.6.6. Classification
Sexually-oriented businesses are classified as follows:
1. Adult arcades;
2. Adult bookstores or adult video stores;
3. Adult cabarets;
4. Adult motels;
5. Adult motion picture theaters;
6. Adult theaters;
7. Escort agencies;
8. Nude model studios; and
9. Sexual encounter centers.
4.6.7. Permit Required
1. Operation of a sexually-oriented business requires a valid permit from the Town of
Chapin for the particular classification of business.
2. 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.
3. 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.
4. 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.

29

5. 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.
4.6.8. Issuance of Permit and Fee
1. 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.
2. The annual fee for a sexually-oriented business permit is five hundred dollars ($500)
dollars.
4.6.9. Inspection
1. 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.
2. 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.
4.6.10. Expiration of Permit
1. 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
30

less than (30) days before the expiration date, the expiration of the permit will not
be affected.
2. 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.
4.6.11. 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:
1. Violated, or is not in compliance with any section of this Ordinance; or
2. Engaged in excessive use of alcoholic beverages while on the sexually- oriented
business premises; or
3. Refused to allow an inspection of the sexually-oriented business premises as
authorized by this chapter; or
4. Knowingly permitted gambling by any person on the sexually-oriented business
premises.
4.6.12. Revocation of Permit
1. 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.
2. 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.
4.6.13. Transfer of Permit

31

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.
4.6.14. Location of Sexually-Oriented Businesses
1. A sexually-oriented business may be permitted by Special Exception within the
Corridor Commercial (CC) and Interstate Commercial (IC) zoning districts.
2. 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.
3. A sexually-oriented business shall not be operated within one thousand (1,000) feet
of another sexually- oriented business.
4. 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.
5. 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.
6. 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.
7. 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.
4.6.15. Additional Regulations for Adult Motels
1. 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.
2. 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 sexually32

oriented 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.
3. 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.
4.6.16. Regulations for Exhibition of Sexually Explicit Films or Videos
1. 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
33

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.
2. A person having a duty under the above regulations commits a misdemeanor if they
knowingly fail to fulfill that duty.
4.6.17. Exemptions
It is a defense to prosecution that a person appearing in a state of nudity did so in a
modeling class operated:
1. By a proprietary school, licensed by the state of South Carolina; a college, junior
college, or university supported entirely or partly by taxation;
2. 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
3. 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
4.7.4. 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:
1. Reducing the number of towers by encouraging collocation; and
2. 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.
4.7.5. Dimensional Requirements
34

Districts

Height

Rural Agricultural (RA)
Rural Residential (RR)
Public Institutional (PI)
Corridor Commercial (CC)
Interstate Commercial (IC)
Light Industrial (LI)

400’
100’
150’
150’
200’
200’

Setback (from adjacent
properties)
100’
100’
100’
100’
50’
50’

4.7.6. Exemptions
The following proposed uses shall require only a zoning permit:
1. Colocation. Proposed communications equipment collocating on existing towers and
structures without adding to their height.
2. 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.
3. Minor Modifications to Existing Facilities. Modifications to conforming
telecommunications facilities that meet the requirements contained herein such as
the addition of accessory equipment.
4.7.7. 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.
4.7.8. 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:
1. 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.
2. 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.
3. 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.
4. 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.
35

5. 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.
6. Evidence that a valid FCC license for the proposed activity has been issued.
7. The distance between the proposed tower and all other telecommunication
facilities serving any property within the Town of Chapin.
8. A copy of the tower's search ring.
9. 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.
10. 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
11. Additional information required by the Zoning Administrator for determination that
all applicable zoning regulations are met.
12. 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.
4.7.9. Conditions
Where a project may be conditionally approved, the applicant must show that all
conditions below are met:
1. 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
36

2. 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.
3. 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.
4. 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.
5. Applicant must show that all applicable health, nuisance, noise, fire, building and
safety code requirements are met.
6. 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.
7. The proposed tower is illuminated as required by the Federal Communications
Commission or Federal Aviation Administration.
8. 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.
9. 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.
10. 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.
11. 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.
12. Land development regulations, visibility, fencing, screening, landscaping, parking,
access, lot size, exterior illumination, sign, storage, and all other general zoning

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district regulations except setback and height, shall apply to the use. Setback and
height conditions in this section apply.
4.7.10. 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
4.8.4. 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.
4.8.5. Standards for Temporary Uses
1. Permanent changes to the site are prohibited, including tree removal.
2. All other required permits must be obtained by the operator.
3. The applicant must provide a letter of consent from the owner of record of the
property on which the temporary uses are to operate.
4. 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.
5. Setbacks: Setbacks for structures (tents, stands, etc.), items for sale, or parking
areas shall be 25 feet from any adjacent property line or street right-of-way.
6. Bond: For all structures associated with a temporary use, a performance bond,
surety bond, cash deposit, or letter of credit shall be posted in the amount of 125%
of the cost of the structure, trailer, or building. In the event that the temporary use
is not removed within the time specified on the zoning permit, this bond shall be
called and the Town shall remove the temporary structure.
4.8.6. Permitted Temporary Use
1. Open lot sale of seasonal produce and plant products including Christmas trees,
pumpkin patches, or similar agricultural activity in the RA and RR Districts for a
period not to exceed 45 days. Applicant’s shall obtain all appropriate Permits as
well as all applicable licenses from the Town, County, or State.
2. Temporary real estate sales offices (e.g., construction trailer, model home), 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.
3. 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
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4. 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.
5. 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.
6. Fairgrounds shall obtain all required licenses, inspections, certifications from
applicable local, state, and federal agencies. In addition, fairground shall be subject
to the following:
1. Site Plan: The applicant shall have a site plan showing the location of all
amenities, aid stations, restrooms, infrastructure, parking areas, pedestrian
pathways, vehicular circulations patterns, signage, lighting, and other similar
features deemed necessary by the Administrator.
2. Liability Insurance: The applicant shall have all applicable and required
means of insurance deemed necessary by the Town’s legal representative.
3. Emergency Services: The applicant must proof to the applicable Police and
Fire authority that all measures of health and safety are being met or
exceeded.
4. Access to Utilities: The applicant must demonstrate adequate access to all
utilities.

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