AN ORDINANCE AMENDING TITLE XV, CHAPTER152 OF THE EDGEFIELD COUNTY CODE OF ORDINANCES TO PROVIDE FOR AN AGRICULTURAL DEVELOPMENT ZONING DISTRICT AND TO ESTABLISH THE DEFINITION OF, AND USE RESTRICTIONS REGARDING, CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

Whereas,       Edgefield County Council is empowered under the "South Carolina

Comprehensive Planning Enabling Act," S.C. Code Sections 6-29-310 through 6-29-1200, to engage in land use planning activities; and

Whereas,       Edgefield County Council recognizes the compatibility of land uses as integral to the quality of life for the County's citizens.

Now, Therefore Be It Ordained that the above-cited title and chapter of the Edgefield County Code of Ordinances be amended as follows.

SECTION 1.

(A)      The language contained in Code Section 152.002 (B) is deleted in its entirely and the following language inserted in lieu thereof:

Code Section 152.002 (B) These ordinances shall apply countywide; however, where applicable, more stringent zoning district standards shall govern.

(B)      Code Sections 152.002 (C) and (D) are deleted in their entirety.

(C)      The title and language contained in Code Section 152.003 are deleted and the following title and language inserted in lieu thereof:

Code Section 152.003 Applicability of Regulations to Zoned Areas

All regulations contained in this chapter shall apply to zoned areas; however, where applicable, more stringent zoning district standards shall govern.

(D)       The title and language preceding Table 1 in Code Section 152.004 are stricken and the following content inserted in lieu thereof.

Code Section 152.004   Setback and Parking Requirements for Commercial and Industrial Uses

The setbacks for industrial and commercial uses contained in Table 1, below, are applicable to all zoning districts; however, where applicable, more stringent zoning district standards shall govern.

SECTION 2.

(A)      Code Section 152.020 (A) is amended by adding under the subheading "Zoning Districts" the designation of an Agricultural Development District, as follows:

Zoning Districts

AD     Agricultural Development

(B)      Code Section 152.020 (C) is amended by inserting Code Section 152.020 (C) (5) to provide for an Agricultural Development District and description/definition of said zoning district.

(5) AD Agricultural Development District. The AD District is intended to address rural areas of the County, where development is relatively sparse. This district applies to all land parcels within the county not otherwise zoned under some other district designation [i.e., Residential-Agricultural Development (RD), General-Agricultural Development (GD), Industrial Development (ID), Limited Commercial District (LC); Flood Hazard (FH); or Airport Compatibility (AC). AD District land parcels shall be indicated as such on the official zoning map. With respect to Table 1: Schedule of Permitted and Conditional Uses and Off-Street Parking Requirements by Zoning Districts (located in Code Section 152.022), all listed uses are permitted ("P") in the AD District, unless otherwise designated [i.e., not permitted ("N"), conditional ("C"), etc.]. The setback and parking requirements for commercial and industrial uses contained in Code Section 152.004 (Table 1) are applicable to the AD Zoning District until such time as more stringent standards are adopted for this district.

SECTION 3.

Code Section 152.160 "DEFINITIONS" is amended, with consideration for the alphabetical order of terms, to include the following term and definition.

CONCENTRA TED ANIMAL FEEDING OPERA TION (CAFO). An agricultural facility where 100 or more animals are confined and fed or maintained for a total of 45 days or more in any 12-month period. Structures used for the storage of animal waste in conjunction with any CAFO are part of the CAFO. Facilities whose primary, or end, purposes are the boarding, stabling, and grooming of animals are not considered CAFOs for purposes of this definition.

SECTION 4.

Code Section 152.022 "TABLE 1: SCHEDULE OF PERMITTED AND CONDITIONAL USES AND OFF-STREET PARKING REQUIREMENTS BY ZONING DISTRICT" is amended by inserting "CAFO (Concentrated Animal Feeding Operation)"immediately under the heading "Sector 11: Agriculture, Forestry, Fishing and Hunting," and providing for the permission for this use according to zoning district, as follows:

Sector 11: Agriculture,

Forestry, Fishing and                                                                                                         Required Off-Street

Hunting                                  NAICS     AD RD GD ID  LC      Parking Space (a)

Concentrated Animal

Feeding Operation (CAFO)   N/A           C    N    N   N   N                    N/A

SECTION 5.

(A)      Code Section 152.052 is added as follows:

Code Section 152.052 Concentrated Animal Feeding Operations (CAFOs)

Concentrated Animal Feeding Operations (CAFOs), as defined in Code Section 152.160, are conditionally allowed in the Agricultural Development (AD) zoning district only, and only under the following conditions.

(A)      No CAFO or structure pertaining to any CAFO shall be located closer than 2,000 feet to the nearest property line of any land parcel containing a residential dwelling, school, or church.

(B)      No CAFO or structure pertaining to any CAFO shall be located closer than 5,000 feet to the nearest property line of any land parcel in any other zoning district.

(C)      No CAFO or structure pertaining to any CAFO shall be located closer than 2,000 feet from the nearest outer edge of any lake, river or stream, including Ephemeral, Intermittent, and Perennial streams, as defined by the South Carolina Forestry Commission.

(B) In Code Section 152.035, the term "Concentrated Animal Feeding Operations" is added to the table of conditional uses, along with the Section Reference of Code Section 152.052.

Enacted this __ day of ______ 2005.