(a)

Authority and purpose. Pursuant to the authority conferred upon the Town of Briarclife Acres by the general statutes of South Carolina, 1976 Code of Laws, title 6, chapter 29, article 5, and for the purpose of:

(1)

Promoting the health, safety, morals, and general welfare of the town;

(2)

Lessening congestion in the streets, and reducing hazards caused by fire;

(3)

Providing adequate light and air;

(4)

Preventing the overcrowding of land;

(5)

Avoiding undue concentration of population;

(6)

Facilitating the adequate provision of transportation, police and fire protection, water, wastewater treatment, schools, parks, disaster evacuation, and other public facilities;

(7)

Protecting scenic areas, and reducing hazards caused by flooding, in accordance with a comprehensive plan;

The town council of Briarcliffe Acres does hereby ordain and enact into law the articles and sections set forth in this chapter.

(b)

Objectives. The objectives of this chapter are:

(1)

To guide development in accordance with existing and future needs of the Town of Briarcliffe Acres;

(2)

To protect, promote and improve the public health and general welfare of the community;

(3)

To promote safety from floods, fire, and other dangers;

(4)

To provide for adequate light and air;

(5)

To regulate density and the uses of buildings, structures and land to prevent overcrowding of land;

(6)

To reduce traffic congestion and facilitate disaster evacuation;

(7)

To protect scenic and ecologically sensitive areas including beachfront areas, sand dunes, salt and fresh water lakes, parks, highway buffer strips, walks and roadways with landscaped islands; and

(8)

Other public requirements.

To accomplish these stated objectives this chapter and the accompanying zoning map have been designed to maintain the town as a predominantly single-family residential community which includes conservation and preservation districts and church, school, and community purpose districts.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

This ordinance shall be known as the "Zoning Ordinance of the Town of Briarcliffe Acres, South Carolina." The map herein referred to, which is identified by the title of "Zoning Map of the Town of Briarcliffe Acres, South Carolina," and all explanatory material thereon are hereby adopted and made part of this chapter. Also included as part of this chapter is the "Flood Control Map, Briarcliffe Acres, South Carolina."

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Unless otherwise stated the following words shall, for the purpose of this ordinance, have the meaning herein indicated. Words used in the present tense include future. The singular number includes the plural and the plural the singular. The word "shall" is mandatory, not directory. The words "used" or "occupied," as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed" to be used or occupied.

Accessory building or use means a building or use customarily incidental and subordinate to the principal building or use and located on the same lot with such building or use.

Alley means any public or private way set aside for public travel, 20 feet or less in width.

Alteration of building means any change in the supporting members of a building (such as bearing walls, columns, or girders), any addition to or reduction of a building, any change in use, or any relocation of a building from one location or position to another.

Buffer means a plant material acceptable to the zoning administrator which has such growth characteristics as will provide an obscuring screen not less than six feet in height.

Buildable area means that portion of any lot which may be used or built upon in accordance with the regulations governing the given zoning district within which the particular lot is located once the various front, side, and rear yard requirements required for the district have been subtracted from the total lot area.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, or chattel.

Building height means the vertical distance measured from the average natural grade at the building line to the highest point of the roof.

Building line means the line of the building where it meets the finished grade.

Dwelling means a building designed or used as permanent living quarters for one family.

Family means one or more persons occupying a single dwelling unit and living as a single housekeeping unit.

Flood means an overflow by water of lands not normally covered by water, which results in significant adverse effects in the vicinity.

Lot means a parcel of land which fronts on and has access to a street and which is occupied or intended to be occupied by a building with customary accessories and open space.

Lot, corner, means a lot which has frontage on more than one street, provided, however, that no corner lot shall qualify as a double frontage lot unless said corner lot has frontage on three or more streets.

Lot line means the boundary dividing a given lot from a street, alley, or adjacent lots.

Lot of record means a lot located within the Town of Briarcliffe Acres, the boundaries of which are described in a deed and/or plat filed of public record in the Office of the Register of Deeds for Horry County, South Carolina.

Nonconforming use means any structure or land lawfully occupied by a use that does not conform to the use regulations of the district in which it is situated.

Outdoor advertising means an attached, freestanding or structural poster panel or painted sign for the purpose of conveying some information, knowledge or idea to the public.

Principal building means a building in which is conducted the main or principal use of the lot on which said building is located.

Recreational equipment.

(A)

Off-road vehicle: A motorized vehicle designed and intended solely for recreational activities and not as a means of transportation on public streets.

(B)

Boat: A vehicle for traveling in or on water and which does not exceed 40 feet in overall length, eight feet in overall width and 14 feet in overall height. Height is measured while mounted upon a boat trailer.

(C)

Trailers: A vehicle without power, designed so that it can be drawn by a motor vehicle to be used for the carrying of property. This includes cargo trailers, stock trailers, utility trailers and boat trailers.

Recreational vehicle shall mean one of the following:

A vehicle designed as temporary living quarters for recreational, camping, or travel seasonal use. RVs may have their own motor power (as in the case of motorhomes); may be mounted (as are truck campers); or may be towed by another vehicle (as are travel trailers and folding camping trailers). Not included in the RV definition are conversion vehicles, off-road vehicles, recreational equipment and manufactured housing for long-term residence (park trailers and mobile homes).

Residence means a building arranged or designed to provide living quarters for one family.

Setback means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

Setback, front. The distance between the street right-of-way line and the closest point of the foundation of a building or projection thereof.

Setback, rear. The shortest distance between the building line and the rear lot line.

Setback, side. The shortest distance between the building line and the side lot line.

Single housekeeping unit means one person or two or more individual persons living together sharing household responsibilities and activities which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above; or any portion of a building used for human occupancy between the topmost floor and the roof. A basement not used for human occupancy shall not be counted as a story.

Street means any public thoroughfare or private way set aside for public travel. The word street shall include the words "road," "highway," and thoroughfare."

Structure means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a location on the ground.

Yard means an open space on the same lot with a principal building.

Front yard means the yard extending across the entire width of the lot between the front lot line and front face of the house, including covered porches. On corner lots the yard on both sides of the principal building fronting on a street is considered to be a front yard. (See Diagram A.)

Rear yard means the yard extending across the entire width of the lot between the rear lot line and the rear face of the house, including covered porches. On corner lots, the rear yard shall be the area enclosed by the two side yards and the side lot lines. (See Diagram A.)

Side yard means a yard extending along the side lot line from the front yard to the rear yard, and lying between the side lot line and the nearest part of the principal building, including covered porches.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014; Ord. No. 2018-07, 12-18-2018)