§ 6.4. Agricultural district (Flex1).

6.4.1.  Intent. A significant portion of the county's land area is used for agricultural, forestry, and agricultural/residential purposes. These areas represent the county's rural landscape and historic character of Berkeley County. The viability of agricultural operations and production is contingent upon their protection from incompatible land uses and development. Additionally, premature conversion of these lands to accommodate urban and suburban development increases the demand for costly public infrastructure.

A.

The Flex1 agricultural district is intended to implement the land use goals of the agriculture and resource conservation areas within rural areas in the unincorporated portions of Berkeley County.

B.

This district is intended to:

1.

Preserve agricultural activities as a primary use, but to allow residential development as a secondary use.

2.

Manage growth to protect agricultural land and land uses from development pressures to avoid increasing demands for road improvements and public infrastructure.

3.

Provide standards to control the intensity of development in rural areas of sensitive natural and historical resources.

4.

Preserve wetlands, watercourses and other significant natural resource areas, and to preserve the scenic quality of the landscape.

5.

Preserve and protect the rural residential character of specific areas within the county.

6.

Ensure that the cultural integrity of the county's historical resources is protected.

7.

Protect these areas from infiltration of incompatible land uses.

6.4.2.  Location. This district should be applied in the resource conservation areas and agricultural areas mapped on the future land use map in the comprehensive plan.

6.4.3.  Agricultural nuisance disclaimer. Lands within the agricultural districts are used for commercial agricultural and forestry production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, herbicides, and pesticides, clear cutting, and prescribed burning. Owners, residents, and users of this property should be prepared to accept these conditions.

USES

6.4.4.  Permitted uses. The following uses are permitted within the Flex1 agricultural district:

A.

Agricultural uses.

1.

Agriculture, crop.

2.

Agriculture, home animal production.

3.

Agriculture, home horses.

4.

Forestry.

B.

Recreation and amusement uses.

1.

Ecotourism.

2.

Golf course.

3.

Indoor recreation.

4.

Outdoor recreation, active.

5.

Outdoor recreation, passive.

C.

Institutional uses.

1.

Assembly and worship.

2.

College and professional schools.

3.

School, neighborhood and community.

4.

Government office, public services, and local utilities.

D.

Residential uses.

1.

Single-family detached.

2.

Duplex (residential, two-family).

3.

Manufactured home.

6.4.5  Accessory uses . Accessory uses are permitted as a detached structure or use subordinate to the main building or classification that is used for purposes customarily incidental to the principal use. Accessory uses shall not exceed 65 percent of the size of the principal classification; excluding agricultural uses and uses located on parcels one acre in size or larger. Freight/cargo containers may be used as accessory storage uses within this classification with restrictions as defined below in sub-item A. (Agricultural), 2. (Agricultural, storage).

The following uses are permitted as accessory uses within the Flex1 agricultural district:

A.

Agricultural.

1.

Agriculture, sales and services.

2.

Agriculture, storage. Freight/cargo containers may be permitted by the county for the storage of agricultural supplies, products and/or machinery. Freight/cargo containers are limited to one container to [on] parcels of at least one acre with not more than three containers on parcels of five acres or more as described above. The container must adhere to all necessary zoning and building codes.

3.

Sale of products produced on-site.

4.

Accessory agricultural uses shall include all residential accessory uses and those accessory uses and activities customarily associated with agricultural operations, as determined by the zoning administrator. Barns and farm-related structures, including roadside stands selling sweet-grass baskets or indigenous produce grown or produced on the farm where the roadside stand is located, shall be allowed in all parcels in agricultural zoning districts.

B.

Recreation.

1.

Campground.

2.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

C.

Residential.

1.

Fences and walls.

2.

Garages, carports, and off-street parking.

3.

Gate houses and guard houses.

4.

Playhouses, patios, cabanas, porches, gazebos, and incidental household storage buildings.

5.

Radio and television receiving antennas.

6.

Recreational and play facilities for the use of residents.

7.

Tennis courts, swimming pools, and hot tubs.

8.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

D.

Institutional and civic.

1.

Cemetery.

2.

Refreshment stands and food and beverage sales located in uses involving public assembly.

3.

Cafeterias, dining halls, and similar food services when operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use.

4.

Gift shops, newsstands, and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients, or visitors to the principal use.

5.

Recreation areas and facilities for the use of the employees.

6.

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use of the property, subject to compliance with any development and performance standards imposed by the planning department as a means of ensuring land use compatibility.

6.4.6.  Uses permitted with conditions. The following uses are permitted as conditional uses within the agricultural districts. All listed conditions shall be demonstrated prior to permit approval. See article 11 for the procedure for approval of conditional uses.

A.

Agricultural uses.

1.

Boarding facility.

a.

All conditions and regulations found in article 11.3 shall be met prior to permit approval.

B.

Commercial uses.

1.

Bed and breakfast.

a.

Permitted as accessory use only.

b.

All conditions and regulations found in article 11.4 shall be met prior to permit approval.

2.

Domestic boarding facility.

a.

The facility shall be buffered with an opaque eight-foot tall privacy fence between the facility and all adjoining properties in addition to any landscaping requirements found in article 15 of this ordinance.

3.

Campgrounds .

a.

Minimum project will be 10 acres. Twenty-five percent of the total site area will contain designated recreational areas, for, but not limited to, such games as shuffleboard, volleyball courts, horseshoe pits, walking trails and swimming areas.

b.

Campgrounds may have one caretaker residence. This will be the only permanent residential structure within the campground and must meet the definition of a single-family detached dwelling (manufactured housing is prohibited);

c.

Shelters designed for sleeping will not be equipped with any interior cooking facilities.

d.

All utilities including, but not limited to, electric, water and sewer will be placed underground.

e.

DHEC approval will be required prior to site plan approval;

f.

The campground will provide off-street parking, access and roads (surface may be gravel or similar material) in accordance with all applicable provisions of the Berkeley County Code of Laws;

g.

Accessory buildings such as bathhouses, storage buildings, dining halls, meeting halls, boathouses, stables, and the like will be for incidental use by the campsites;

h.

A site plan must be submitted in accordance with all applicable provisions of this chapter;

i.

Storage areas for storage of recreational vehicles are permitted, provided the area;

(a)

Does not exceed 20 percent of the development area; and

(b)

Storage is limited to storage of recreational vehicles as an accessory use in conjunction with the principal campground use;

j.

Recreational vehicles must maintain current registration and tags and covenants must be submitted, approved and recorded to prohibit the use of the RVs as permanent residences.

C.

Institutional uses.

1.

Family day care home.

a.

Permitted as accessory use only.

b.

Care is provided in a family home during the day for no more than six children including the day care parents' own children.

c.

All conditions and regulations found in article 11.6 shall be met prior to permit approval.

D.

Office and industrial uses.

1.

Commercial communication towers.

a.

List of conditionally approved uses.

1.

Locating antennas on existing structures with modifications consistent with the conditions [in] article 11.7.

2.

Locating antennas on existing towers with modifications consistent with the conditions [in] article 11.7.

3.

Locating new monopole, guyed, or lattice towers consistent with the conditions [in] article 11.7.

b.

District conditions.

1.

Maximum height: 150 feet, unless a special exception permit is granted by the Berkeley County Board of Zoning Appeals.

2.

A tower and/or antenna mounted on an existing building, water tank, or structure other than a freestanding or guyed tower must not extend more than 20 feet above the highest part of the structure.

c.

General conditions.

1.

All conditions and regulations found in article 11.7 shall be met prior to permit approval.

2.

Proposed communications equipment [co-locating] on existing towers and structure without adding to their height shall not be subject to the requirements of this conditional use.

2.

Mining .

a.

Mine pit must be five acres or less.

b.

Mine pit must be less than 20 feet deep as measured from the original ground elevation immediately surrounding the pit.

c.

Mine site may not operate greater than 12 months. The zoning administrator, upon finding that site has operated substantially in compliance with the standard contained in this section, has the authority to grant no more than two extensions each of which will be a maximum of six months.

d.

Site must be buffered in accordance with the mine buffer requirements of section 17.7 and other applicable sections of the Berkeley County Zoning and Development Ordinance.

e.

Dust reduction measures must be employed to alleviate both on-site and off-site dust nuisance generated by the mine site's activities. These measures include, but are not limited to, one or more of the following:

1.

Stabilization of nonactive exposed soil and stockpiles through vegetation, mulching, chemical stabilizer, and/or stone/gravel layering.

2.

Utilization of stabilized roadways within the site.

3.

On-site speed limits to minimize disturbance.

4.

Application of water or other dust palliatives.

f.

DHEC reclamation and regulations must be observed.

g.

An emergency contact sign not to exceed four square feet with light reflective and minimum four inch letters that includes the name of the operator and an after hours phone number must erected at the entrance. The sign must be placed a minimum ten feet from the road right-of-way but no more than 25 feet from the road right-of-way, and must be appropriately maintained through out the operation of the mine site.

h.

Must comply with Berkeley County Noise Ordinance and, for sites located within the MS4 area, The Berkeley County Stormwater Management Ordinance.

E.

Residential uses.

1.

Home occupation.

a.

Permitted as accessory use only.

b.

All conditions and regulations found in article 11.9 shall be met prior to permit approval.

6.4.7. Special exception . The following uses are permitted as special exception uses within the agricultural districts. Site plans conforming to the requirements outlined for the requested use and all applicable codes must be submitted, reviewed, and approved for conformance and completeness prior to acceptance of the special exception application. See article 11 for the procedure for approval of special exception uses.

1.

Institutional, residential.

a.

Maximum occupancy of nine persons per unit.

b.

Off-street parking must be provided in accordance with article 15 as a hospital and clinic use.

c.

Business and retail buffers must be provided in accordance with article 17 and any overlay standards must be met.

2.

Mine sites with pit sizes greater than five acres and/or greater than 20 feet deep provided:

a.

The board of zoning appeals will use the following criteria, based upon factual evidence presented by the applicant and/or the public during the public hearing, for judging the compatibility of the proposal with the surrounding area: 1) Will private and/or surface water facilities, and existing stormwater/drainage systems be negatively impacted by the proposed use? 2) Is the proposed site, access, transportation route and operations located where existing residences may be negatively impacted by the mine's activities and equipment operations? 3) Will pedestrian and/or vehicular transportation corridors and access be negatively impacted? In considering the effect upon transportation corridors the board of zoning appeals must find that existing residences, a public or private school, public park or public recreation area (Within the Francis Marion National Forest, includes only designated recreation areas), youth activity center, public library, and/or a child care facility will not be negatively impacted by the mine site's operations, access, or truck route. 4) Will the proposed use negatively impact the character of the surrounding area and is it compatible with surrounding uses?

b.

An operations plan must be submitted indicating the following:

1.

The proposed life of the mine with a statement that the operator understands that the indicated life cannot be exceeded unless the BZA approves an extension through the same process as the initial special exception.

2.

Statement of proposed dust control measures and time frames for applications to alleviate both on-site and off-site dust nuisance generated by the mine site's activities. These measures include, but are not limited to, one or more of the following:

a.

Stabilization of nonactive exposed soil and stockpiles through vegetation, mulching, chemical stabilizers, and/or stone/gravel layering.

b.

Utilization of stabilized roadways within the site.

c.

On-site speed limits to minimize disturbance.

d.

Application of water or other dust palliatives.

3.

Hours of operation shall be 7:30 a.m. to 6:30 p.m. State, local and federal projects mandated for night work may be temporarily exempted from these hours of operation upon the submittal of satisfactory documentation to the zoning administrator demonstrating the need for the exemption and to extend only through the duration of the mandated night work.

4.

Signed statement of intent to comply with Berkeley County Noise Ordinance.

5.

The site will comply with the Berkeley County Stormwater Management Ordinance for sites located within the MS4 area of Berkeley County.

6.

The site shall be located within ½ mile of an arterial road or a truck routing plan must be developed that minimizes the travel of trucks and equipment along routes that pass existing uses where children are frequently present such as public or private schools, public parks or public recreation areas, youth activity centers, public libraries, child care facilities, or residential uses. Travel distance and cost shall not be a factor of consideration for the development and approval of the truck routing plan. Truck routes proposed along county maintained roads shall be approved through the county encroachment permit process. The county engineer may require a maintenance bond to ensure the road is properly maintained for the duration of the mine site's use of the county maintained road.

c.

Site must be buffered in accordance with the required mine buffer as defined in section 17.7 and other applicable sections of the zoning ordinance.

d.

An emergency contact sign not to exceed four square feet with light reflective and minimum four inch letters that includes the name of the operator and an after hours phone number must erected at the entrance. The sign must be placed a minimum ten feet from the road right-of-way but no more than 25 feet from the road right-of-way, and must be appropriately maintained through out the operation of the mine site.

e.

The mine shall not operate within 500 feet of a public or private school, a public park or public recreation area (within the Francis Marion National Forest, includes only designated recreation areas), a residential use, a youth activity center, a public library, or a licensed child care facility.

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the mine pit to the nearest eave of the premises of a religious institution, public or private school, youth activity center, public library, child care facility, or to a residential use, and to the nearest active portion of a public park or public recreation area (within the Francis Marion National Forest, includes only designated recreation areas).

A mining operation lawfully operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, public or private school, public park or recreation area (within the Francis Marion National Forest, includes only designated recreation areas), a residential use, youth activity center, public library, or child care facility subsequent to the grant or renewal of a mining permit.

f.

DHEC reclamation and regulations must be observed.

g.

Where surface water features remain, or a depressed area is created, a final grading plan matched to the proposed end use, as specified in the DHEC reclamation plan, shall be submitted. The final grading plan shall demonstrate that sufficient land is to remain unexcavated or that the excavation will be done in a manner permitting the development to conform to this chapter's regulations without any variances.

6.4.8.  Prohibited uses. The following uses are prohibited within agricultural districts:

1.

Mobile home park.

2.

All uses not listed as permitted are prohibited.

LOT AND BUILDING STANDARDS

6.4.9.  Lot requirements.

A.

Minimum lot size when subdividing: 30,000 square feet (.69 of an acre).

B.

Minimum lot frontage.

1.

Standard lot: 20 feet.

2.

Corner lot: 40 feet.

6.4.10.  Density regulations.

A.

When not subdividing, there shall be no more than two principal dwelling units per one acre (43,560 square feet) of platted land, lot, or parcel.

B.

In no case shall there be more than four units placed on one parcel.

C.

In the situation whereby the parcel is legally designated to as "heirs" property the density of principal dwelling units when not subdividing may [be] no more than three units per one acre (43,560 square feet). In no case shall there be more than ten units placed on one parcel legally referred to as "heirs" property.

D.

Clustering of lots may be permitted by the procedures outlined in Article 13 of the Zoning and Development Standards Ordinance.

6.4.11.  Minimum yard requirements.

Parcel Size	Front (feet)	Sides (feet)	Rear (feet)	Second Street Front (feet)	Open Drainage* (feet)	Ingress/Egress Easements†
14,000 sq. ft. and greater	35	15	30	35	30	Min. required for front, rear, or side
10,000 sq. ft. to 13,999 sq. ft.	30	10	25	30	30	Min. required for front, rear, or side
6,001 sq. ft. to 9,999 sq. ft.	25	7.5	20	25	30	Min. required for front, rear, or side
6,000 sq. ft. and under	20	7.5	20	20	30	Min. required for front, rear, or side

 

*

This is the minimum setback required for open drainage ditch and/or stormwater pond easement lines (excluding swales).

†

This is the minimum setback from any ingress/egress easement.

Accessory structures are permitted in the rear and side yards only with minimum of five-foot setbacks from the side and rear property lines or ingress/egress easements, whichever is greater. If the accessory structure is placed in that portion of the yard that fronts a second street frontage of the property, the setback from the second street frontage property line for the accessory structure is the required second street frontage setback for the primary structure.

6.4.12.  Unit separation. The minimum distance between dwelling units shall be:

A.

Side to side: 15 feet minimum.

B.

Front to front or rear: 15 feet minimum.

C.

Rear to rear: 15 feet minimum.

6.4.13.  Building requirements.

A.

Impervious coverage: 50 percent maximum.

B.

Building height: Less than 40 feet to the highest part of the structure. The height limits contained in the airport overlay district, as regulated by article 10, may apply additional height limitations to a specific piece of property.

SITE STANDARDS

6.4.14.  Parking standards. All uses within this district shall conform to the standards outlined in article 15: Off-Street Parking Requirements.

6.4.15.  Bufferyard standards.

A.

Residential development of parcels consisting of 15 or more lots shall conform to the bufferyard regulations outlined in article 17 to minimize conflicts between residential and agricultural or forestry practices.

B.

All other uses shall conform to the bufferyard regulations outlined in article 17.

(Ord. No. 02-08-33, 8-26-2002; Ord. No. 04-11-68, 11-23-2004; Ord. No. 05-08-58, 8-29-2005; Ord. No. 09-04-16, 4-13-2009; Ord. No. 10-08-24, 8-23-2010; Ord. No. 11-04-02, 4-25-2011; Ord. No. 14-03-04, 3-24-2014; Ord. No. 14-11-38, 11-24-2014; Ord. No. 14-12-40, 12-8-2014)