A Zoning Board of Appeals is hereby established. Said Board shall consist of nine (9) members, who shall be citizens of Horry County and shall be appointed by the County Council for overlapping terms of not less than three (3) years nor more than four (4) years. All appointments will expire on June 30th in the final year of a member's service. Initial appointment shall be as follows: Four (4) members for a term of four (4) years and five (5) members for a term of three (3) years. Thereafter, all future appointments shall be for four (4) year terms. Any vacancy in membership shall be filled for the unexpired term in the same manner as the initial appointment. Residency requirements of membership shall be as follows: No more than five (5) of the nine (9) members shall reside east of the Waccamaw River. No less than four (4) of the nine (9) members shall reside west of the Waccamaw River. The membership of the Zoning Board of Appeals at all times shall include not less than one (1) licensed South Carolina attorney and not less than two (2) members licensed as architects, professional engineers, certified land-use planners, landscape architects, or arborists.

(Ord. No. 109-2023, § 5, 10-17-23)

The Board shall adopt rules and by-laws in accordance with the provisions of this ordinance and of S.C. Code § 6-29-790. Meetings of the Board shall be held at the call of the chairman and at such other time as the Board may determine. All meetings of the Board shall be open to the public.

A.

The concurring vote of a majority of the members present at a meeting of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to affect any variation of this ordinance.

B.

A two-thirds (⅔) vote of a majority of the members present at a meeting of the Zoning Board of Appeals shall be necessary to grant a variance ≥50% on any commercial, multi-family or townhome projects.

C.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. On all appeals, applications, and matters brought before the Zoning Board of Appeals, the Board shall inform in writing all the parties involved of its decisions and the reasons thereof.

(Ord. No. 64-2023, § 1, 6-20-23)

A.

Appeals to the Board may be filed by any person aggrieved or by any officer, department, board, or bureau of the county. Such appeal shall be filed within a reasonable time, as provided by the rules of the Board, by filling with the Zoning Administrator and with the Zoning Board of Appeals notice of said appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

B.

An appeal stays all legal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notices to the officer from whom the appeal is taken, and on due cause shown.

C.

The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the county at least fifteen (15) days in advance of the scheduled hearing date. In cases involving variances or special exceptions conspicuous notice shall be posted on or adjacent to the property affected, with at least one (1) such notice being visible from each public thoroughfare that abuts the property. At the hearing any party may appear in person or by agent or by attorney.

A.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by the Zoning Administrator in the enforcement of this act.

B.

To hear and decide appeals for variance from the requirements of the Zoning Ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship.

C.

To hear and decide special exceptions.

D.

To decide on other matters where a decision of the Zoning Board of Appeals may be specifically required by the provisions of this ordinance.

E.

In exercising the above powers, the Zoning Board of Appeals may, in conformity with the provisions of this act, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination and to that end shall have all the powers of the Zoning Administrator from whom the appeal is taken and may issue or direct the issuance of a permit. The Board, in execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the Circuit Court having jurisdiction.

F.

All final decisions and orders of the Board shall be in writing and be permanently filed in the office of the Board as proper record. All findings of fact and conclusions of law shall be separately stated in final decisions or orders of the Board.

G.

The Board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, reduce the established minimum required area for a parcel within any zoning district, or provide relief on external landscape buffers/strips as they relate to width, vegetation and/or materials for Major Developments as defined by Article 1, Section 15 of the Horry County Land Development Regulations, or change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, shall not be considered grounds for a variance.

(Ord. No. 64-2023, § 1, 6-20-23; Ord. No. 86-2024, § 1, 9-17-24)

A.

A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

2.

These conditions do not generally apply to other property in the vicinity;

3.

Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

4.

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

B.

In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, general welfare.

1.

Violation of conditions and safeguards prescribed in conformity with this article, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article, punishable under penalties established in this article.

2.

Failure to begin or complete, or begin and complete, an action for which a variance is granted, within the time limit specified, when such time limit is made a part of the terms under which the variance is granted, shall void the variance.

C.

Variances which require additional conditions include:

Airport environs overlay variances:

a)

Must submit a FAA determination of No Hazard to Air Navigation.

b)

The person or entity encroaching into the height restrictions contained herein shall procure, or cause to be procured, liability insurance in an amount deemed adequate by the Horry County Director of Airports, indemnifying Horry County. Horry County shall be named as an additional insured of any such insurance policy.

(Ord. No. 64-2023, § 1, 6-20-23)

A.

In addition to definitive standards in this article, the zoning board of appeals shall consider the following criteria for special exceptions:

1.

Traffic impact;

2.

Vehicle and pedestrian safety;

3.

Potential impact of noise, lights, fumes, or obstruction of air flow on adjoining property;

4.

Adverse impact of the proposed use on the aesthetic character of the environs, to include the possible need for screening from view; and

5.

Orientation or spacing of improvements or buildings.

6.

Will be in substantial harmony with the area in which it is to be located.

7.

Will not be injurious to adjoining property.

8.

Will contribute to the economic vitality and promote the general welfare of the community.

9.

Will not discourage or negate the use of surrounding property for use(s) permitted by right.

B.

In granting a special exception, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare.

1.

Violation of conditions and safeguards prescribed in conformity with this article, when made a part of the terms under which a special exception is granted, shall be deemed a violation of this article, punishable under the penalties established in this article.

2.

Failure to begin or complete, or begin and complete, an action for which a special exception is required, within the time limit specified, when such time limit is made a part of the terms under which the special exception is granted, shall void the special exception.

C.

Special exceptions which require additional conditions include:

1.

Casino boats.

a)

Shall not be located closer than two thousand (2,000) feet (measured from property line) from an existing residential use, except in unusual circumstances where mitigating condition can be imposed to minimize adverse effects to residential uses;

b)

Traffic patterns shall be reviewed due to potential disruption to residential communities and to avoid potential parking congestion.

c)

Hours of operations should be limited to avoid operation at unusual and unsociable hours.

2.

Large animal production facilities.

a)

Shall not be located closer than one thousand five hundred (1,500) feet (measured from the most outlying structure of the facility) from an existing residential use or zoning district whose principal purpose is for residential dwellings;

b)

The SCDHEC permit to construct the facility is submitted;

c)

A copy of the SCDHEC approved Animal Facility Management Plan (AFMP) is submitted;

d)

The following regulatory permits are submitted:

i.

SCDHEC waste application contract for all landowners consenting to have waste spread on their properties.

ii.

A copy of any waivers approved by SCDHEC related to modifications in the required setbacks or other requirements as established in the SCDHEC regulations for such facilities.

iii.

Other applicable regulatory permits necessary for the operation of such facilities.

3.

Offices. No outdoor storage.

4.

On-premises consumption of alcohol.

a)

A bar, restaurant or business establishment meeting the definition of a bar must obtain a special exception if the establishment is within five hundred (500) feet from any residential districts. The five hundred (500) feet shall be measured from property line of the establishment to the residential district line.

b)

If a property or business is transferred to a subsequent party and it is determined after receipt of three or more complaints that the character of the business has changed substantially, the Zoning Administrator shall be authorized to suspend the previous approval and require rehearing by the Board.

5.

Outpatient treatment facilities for alcoholism and drug addiction, counseling facilities that distribute prescription medication onsite & psychiatric hospitals. Shall not be located closer than two thousand (2,000) feet (measured from property line) from any house of worship, day care center, public or private elementary or secondary education school, public park, public library, or residentially zoned property, except in unusual circumstances where mitigating conditions can be imposed to minimize adverse effects to residential uses.

6.

Temporary events & seasonal uses. Temporary events and seasonal uses, including but not limited to fairs, circuses, haunted houses and trails, community events and the like may be approved by the Zoning Board of Appeals as special exceptions. The board, after public hearing, shall consider the factors set forth in § 1106A of the Zoning Ordinance, determine the appropriate duration of the event or temporary use (not to exceed thirty (30) days), and set hours of operation. The board may also attach such conditions as it may deem advisable to protect the surrounding properties and the public health, safety and welfare.

7.

Rural tourism permit.

a)

Intent. To support economic growth in rural areas while simultaneously preserving open space and farm land. The permit may provide relief from certain commercial standards that are inconsistent with the surrounding rural character.

b)

Permitted activities.

i.

Rural Tourism activities are permitted provided:

A.

The parcel is a minimum of 20 acres or 20 total contiguous acres and within a Rural area, Rural Corridors, Rural Community, Rural Activity Center, Transitional Growth Area, Scenic Conservation, or Preserved Open Space as identified on the active future land use map; and

B.

The parcel is not zoned Residential; and

C.

Rural Tourism Activities shall comply with Table 1, Operation Designations. Rural Tourism does not include amusement activities specified in the AM1 & AM2 zoning districts unless expressly stated in the table below.

ii.

If plans include use of a building onsite, a courtesy inspection will be made by Horry County Code Enforcement to ensure the building complies with accepted safety standards.

iii.

Upon approval, the Rural Tourism Activity may be exempt from Landscaping and Buffering requirements and Article VII of the Horry County Zoning Ordinance.

iv.

No event shall exceed 499 attendees at one time, unless a Special Event permit has been approved.

c)

Application procedures.

i.

A completed Rural Tourism Special Exception application shall be made to the Planning and Zoning Department. Applications shall include the following:

A.

A master plan identifying all existing and proposed: structures, parking areas, ingress and egress, restroom facilities and uses.

B.

An operation plan that includes planned event days, type of activity and hours of operation.

Any person who may have a substantial interest in any decision of the Zoning Board of Appeals may appeal from any decision of the Board to the Circuit Court in and for the County of Horry by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within thirty (30) days after the decision of the Board is mailed.

[A.—C.]

[Reserved.]

D.

Procedure for mitigating nonconformity by special use permit. Owners of non-conforming uses, buildings, or structures may apply for a special use permit to become conforming without changing the use or necessarily modifying the entire physical nature of the nonconformity. The special use permit application is reviewed by the zoning administrator who then provides a recommendation to the Zoning Board of Appeals (ZBA) for a final decision.

The ZBA, at their discretion, may require the following studies and reports from the property owner as part of their consideration in deciding whether to approve the request and/or how much of the request to grant:

Operation plan. This shall include a site plan of the entire site, and narrative defining the specific elements of the use that may create problems; for example: exhaust fans, air conditioning and mechanical equipment, junk, exterior storage, lack of buffering or other landscaping, visual conditions, intrusion into yards close to neighbors, and the use of the adjoining property, as well as the general impact on the community as a whole will be considered.

Reductions in hours of operation, noise, odor, dust and/or exterior storage shall be considered beneficial and will favor approval of the special use permit. Increases in landscaping, buffers, or improved building quality and materials shall also be considered beneficial.

Note: Where an expansion of a non-conforming use is proposed, to the extent allowed by these regulations, elements of the use identified as a nuisance to adjoining properties by the ZBA shall be mitigated as a condition of approval. Additional conditions to mitigate the nuisance conditions may include one (1) or more of the following: additional buffering, fences or landscaping, relocation of doors, waste storage or exterior storage, cleaning up of the site, or mitigation of other problems with the use.

The purpose of the additional conditions shall be to give the same level of protection to neighbors that would be afforded by a conforming structure. The degree to which mitigation is accomplished by additional conditions shall affect the degree of expansion, up to that allowed by these regulations, or other approvals granted to the nonconformity.

E.

Criteria for approval of nonconformity through special use permit. In addition to the standards and criteria for special use permit approval set forth in subsection A above, the applicant shall meet the following requirements:

1.

Demonstrate that the nonconformity, as conducted and managed, has minimal incompatibilities that have been integrated into the neighborhood's function. Factors to evaluate these criteria include the following:

a)

The neighborhood residents patronize or are employed at the use (for nonresidential uses).

b)

Current management practices that eliminate problems such as noise, waste materials, competition for on-street parking, or similar conflicts.

c)

The nonconformity's history of complaints against it.

d)

The nonconformity has been maintained in good condition or that the nonconformity represents a disincentive for such maintenance.

2.

The zoning administrator shall review the application and require in writing, from the applicant, acceptance of any conditions relative to the expansion of buffer yards, landscaping, or other site design. The review may also contain specific limitations on the use, building(s) or structure(s) believed necessary to address nuisance concerns that may result upon making the use, building(s) or structure(s) a conformity.

3.

The zoning administrator shall submit a list of all the property's nonconforming conditions.

4.

The ZBA shall determine that the nonconformity is generally integrated into the neighborhood and has minimal adverse impacts. Upon that finding, the ZBA may require conditions, it deems necessary, to protect the public health, safety and general welfare.

5.

Sign mitigation shall not be permitted under any circumstance.

F.

Effect of special use permit approval. Upon granting a special use permit, the ZBA shall require that a notation be placed on the official zoning maps stating that the property is a special use. Granting the special use permit makes the use, building(s) or structure(s) conforming to the specifics of the special approval, eliminating the nonconformity.