In pursuance of authority as conferred by S.C. Code tit. 6, ch. 29, as amended and for the purpose of promoting the health, safety, morals, and general welfare of the county, lesson congestion in the street; securing safety from fire; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of populations; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public improvements; protecting scenic areas and protecting development in areas subjected to periodic flooding; all of the above to be in accordance with the Comprehensive Plan, the County Council of Horry County does ordain and enact into law the following articles and sections.

This ordinance shall be known and may be cited as "The Zoning Ordinance of Horry County, South Carolina," and the maps herein referenced may be identified as "Zoning Maps of Horry County, South Carolina."

A.

Conflict with other ordinances. In case of conflict between this ordinance or any part thereof, and the whole or part of any existing or future ordinance of the County of Horry, the most restrictive shall in all cases apply.

B.

Validity. If any section, clause, provision or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision or portion of this ordinance which is not of itself invalid or unconstitutional, and the remainder of the provisions hereof shall remain in full force and effect.

C.

Development in progress.

1.

Time period. Within the first year from the date that a parcel is first zoned by County Council, any development project which has plans under review by a public regulatory agency, or which can substantiate that significant development planning is in progress based on information provided in [3.] Submittal Requirements (below), may apply for "grandfathering," except for any project which constitutes a public nuisance.

2.

Procedure. Applications for "grandfathering" shall be submitted to the Planning Commission for review and recommendation to County Council without charge. In making a recommendation to "grandfather," the Planning Commission shall consider information provided by the applicant under [3.] Submittal Requirements (below), compatibility with existing land use, the Comprehensive Plan and the public health, safety and welfare. Notification procedures—posting of property and newspaper advertising—are the same as those followed in accordance with Article XIII Amendments, except that, once the Planning Commission makes a recommendation to County Council, County Council may approve applications for "grandfathering" by resolution with one (1) reading and a public hearing.

3.

Submittal requirements. The following information shall be provided with each application for "grandfathering:"

a)

Reference and comment to the specific sections of the zoning ordinance which allegedly interfere with the development the property.

b)

A statement providing the total investment made in the project, including all costs incurred before zoning the property. The costs may include:

i.

Land acquisition;

ii.

Work performed by professional land planners, architects, engineers, surveyors and attorneys as evidenced by recorded plats and sealed engineering drawings;

iii.

The cost of on-site and off-site infrastructure improvements to service the project.

c)

Documentation of any dedication of property made to public entities in accordance with the approved overall development plan for the project.

d)

Whether infrastructure improvements which have been installed have been sized to accommodate use as approved in the overall development plan.

e)

The acreage of the approved, final overall development plan with phases.

f)

Whether the completion of the project has been timely and diligently pursued.

g)

The effect of the applicant's existing development loans on the application of zoning to the project.

4.

Revocation of "grandfathered" status. The completion of a project shall be deemed not-diligently-pursued if within one (1) year after "grandfathering," no additional activity of a development planning nature can be shown, or a building permit has not been obtained. The Planning Commission may then recommend to County Council that the "grandfathered" status be revoked.

If the Zoning Administrator shall find that any of the provisions of this ordinance are being violated, they shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. They shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

No land or structure shall hereinafter be used or occupied unless it is specifically permitted as an allowable use within that zoning district.

A.

It shall be unlawful to use, occupy or permit the use or occupancy of any building, mobile home, or premises, or all or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating that the proposed use of the building or land conforms to the requirements of this ordinance.

B.

Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance punishable under § 114 of this ordinance.

No building, mobile home, sign or other structure shall be erected, located, moved, added to, or structurally altered without a certificate of zoning compliance therefor issued by the Zoning Administrator. No building, mobile home, or sign permit shall be approved by the Zoning Administrator except in conformity with the provisions of this ordinance, unless he is so directed by the Board of Appeals as provided by this ordinance. No building permit issued under the provisions of this ordinance for land use or construction in the jurisdictional area of this ordinance shall be considered valid unless approved by the Zoning Administrator through a certificate of zoning compliance.

The Zoning Administrator shall be authorized to withhold the issuance of a certificate of zoning compliance or sign permit when a property is in violation of any provisions of this ordinance. The issuance of such certificate or permit shall be granted upon verification that the zoning violation(s) have been corrected.

The Zoning Administrator shall be further authorized to revoke a certificate of zoning compliance or sign permit if it is determined that the property has reestablished any previous violation(s) of the zoning ordinance once a certificate of compliance or sign permit has been issued. In such instances, the property owner shall be fined in accordance with the penalties provided in § 114 of this ordinance and the zoning compliance or sign permit shall be revoked. Re-issuance of the zoning compliance or sign permit shall be authorized once all zoning violations have been corrected.

Accessory structures, such as greenhouses, open sheds, tobacco/bulk barns, packhouses, electric water pump sheds used in connection with a bona fide agriculture use within the LFA, FA, CFA, & AG1-7 zoning districts should be shown on a plan, but are not required to be shown to scale or meet the minimum structure spacing requirements of this ordinance; however; shall meet the exterior setbacks of the zoning district. The application shall include such other information as lawfully may be required by the Zoning Administrator, including existing or proposed uses of the buildings and land; the number of families, housekeeping units, or rental units existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance.

If the work described in any building permit has not begun six (6) months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the director of building inspection upon notification by the Zoning Administrator. Permit extensions may be issued after consultation between the director of building inspection and the Zoning Administrator.

To ensure the public health, safety, and general welfare as well as the impression upon the traveling public is maintained and improved, encroachments within any public right-of-way shall be limited. Encroachments, including but not limited to, untagged vehicles, untagged or tagged vehicles for sale, landscaping, and structures (except those that are currently established) shall not be permitted within the public right-of-way unless an encroachment permit has been issued by the applicable regulatory agency (Horry County or South Carolina Department of Transportation). Unlawful encroachments may be removed from the right-of-way by the county without further notice to the owner. The owner of the encroachment shall be liable for all costs of removal.

Conditional uses, as set forth in Article IX of this ordinance, and temporary uses, as set forth in Article X, are declared to possess characteristics which require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.

1)

General requirements. Conditional uses shall be permitted subject to a determination by the Zoning Administrator or their designee that they conform to all regulations set forth herein and elsewhere in this ordinance, with particular reference to those requirements established for those districts in which they are proposed for location.

2)

Conditional use administration and duration. Application for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to the issuance of any permits.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate, and take whatever action is necessary to assure compliance with the ordinance.

In case any building or structure is proposed to be or is erected, constructed, reconstructed, altered, maintained, or used; or any land is proposed to be or is used in violation of this ordinance, the county attorney or any other person aggrieved may, in addition to other remedies provided by law, institute an injunction, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

Any person violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be imprisoned for a period not to exceed thirty (30) days and/or fined not more than five hundred dollars ($500.00) for each offense. Each day such violation continues shall constitute a separate offense.

Nothing herein contained shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any violation.

It is the intention of this ordinance that all questions arising in connection with the enforcement of the ordinance shall be presented first to the Zoning Administrator and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Administrator as provided for in Article XI.