Horry County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE II
ESTABLISHED DISTRICTS
Sec. 200.- Establishment of districts.
For the purpose of this ordinance, portions of Horry County as specified on the Official Zoning Map of Horry County, are hereby divided into the following zoning districts:
Sec. 201. - Districts intent statements.
RESIDENTIAL DISTRICTS
SINGLE FAMILY (SF40)/MANUFACTURED SINGLE FAMILY (MSF40)
Intent. It is the intent of this district to be utilized in areas when, due to its remoteness, the impermeability of soil, soil characteristic or the absence of the necessary urban services, development of higher density is undesirable or infeasible. A primary objective of the one (1) acre residential district is to prevent undesirable urban sprawl and to exclude land uses which demand a level of urban services which are impossible to provide.
SINGLE FAMILY (SF20)/MANUFACTURED SINGLE FAMILY (MSF20)
Intent. It is the intent of this district to provide areas which are suitable for moderate low-density development. This district is particularly suitable for areas adjacent to or near urban areas, where adequate public water supply or public sewage service is available. The principal use of land within this district is low density single-family residential.
SINGLE FAMILY (SF14.5)/MANUFACTURED SINGLE FAMILY (MSF14.5)
Intent. It is the intent of this district to create areas that are suitable for low-density development. This district is suitable for areas serviced by public water and sewer services or areas where on-site sewage disposal systems area necessary. The principal land use within this district is detached single-family residential.
SINGLE FAMILY (SF10)/MANUFACTURED SINGLE FAMILY (MSF10)
Intent. It is the intent of this district to provide areas for single-family residential development, low to moderate density, to discourage the encroachment of commercial, industrial, or other uses capable of adversely affecting the residential character and to preserve the architectural character of established neighborhoods
SINGLE FAMILY (SF8.5)/MANUFACTURED SINGLE FAMILY (MSF8.5)
Intent. It is the intent of this district to create areas that are suitable for medium density development. This district is most suitable for areas serviced by public water and sewer services. However, depending on soil characteristics and surrounding development patterns, development within this district may be suitable in a less urbanized area. The principal land use within this district is single-family residential.
SINGLE FAMILY (SF7)/MANUFACTURED SINGLE FAMILY (MSF7)
Intent. It is the intent of this district to create areas that are suitable for medium density development. This district is particularly suitable for areas serviced by public water and sewer services and where access to major transportation arteries is available. The principal land use within this district is single-family residential.
SINGLE FAMILY (SF6)/MANUFACTURED SINGLE FAMILY (MSF6)
Intent. It is the intent of this district to provide areas for medium density one-and two-family residential purposes. Encroachment by high-density multi-family residential, commercial, industrial, or other uses incompatible with or capable of adversely affecting the residential character of this district shall be discouraged.
GENERAL RESIDENTIAL DISTRICT, (GR)
Intent. It is the intent of this section that the General Residential District be established for medium-to-high density residential purposes. These areas need to be served with public water and sewer and have direct access to collector or arterial streets. These areas should be developed within the character of the natural surroundings to insure preservation of critical areas, to be compatible with the existing development and to discourage any encroachment of commercial, industrial or other uses capable of adversely affecting the charm and residential character of this district.
GENERAL RESIDENTIAL "N" DISTRICT, (GRN)
Intent. It is the intent of the General Residential "n" District to provide opportunities for low, medium and high-density residential developments in locations consistent with the 1999 Future Land Use Plan (Attachment 1 to Ordinance No. 46-08) and the goals and objectives of the 1999 Horry County Comprehensive Plan. With adoption of the Envision 2025 Comprehensive Plan, only those lands currently zoned GRn may follow these provisions.
MULTI-RESIDENTIAL DISTRICT, (MRD)
Intent. It is the intent of the Multi-Residential District to provide opportunities for rural, suburban and urban density mixed-residential developments consistent with the objectives of the Horry County Comprehensive Plan. The MRD district encourages the design of a more complete and sustainable environment consistent with the needs of the rural, suburban and urban areas of the County through the application of imaginative approaches to community design that allow and support mixed residential uses, design flexibility, pedestrian-oriented development, interconnectivity, and sensitivity to the needs of the public, economy and natural environment.
PLANNED DEVELOPMENT DISTRICT, (PDD)
Intent. It is the intent of the Planned Development Districts to allow flexibility in development and require the use of innovative site planning techniques resulting in developments with improved design, character, and quality which preserve natural and scenic open spaces. A PDD is characterized by a plan that incorporates residential housing of different types and densities, as well as compatible commercial, institutional and industrial development. Furthermore, a PDD allows for the establishment of dimensional standards, such as setbacks, lot sizes, height and bulk that are unique to the property in order to accommodate the allowed land uses. These requirements are established for the general purpose of promoting and protecting the public health, safety, and general welfare.
PLANNED UNIT DEVELOPMENT, (PUD)
Intent. It is the intent of the Planned Unit Development District to provide the opportunities to create more desirable environments through the application of flexible and comprehensive plan and program professionally prepared. The PUD is intended to be used to encourage the application of new techniques and technology to commercial, residential, office, and industrial development which will result in superior living or development arrangements with lasting values. It is further intended to achieve economic land development, maintenance of street systems and utility networks while providing building groupings for privacy, usable attractive open space, safe circulations, and the general well-being of the inhabitants.
MANUFACTURED HOME PARK DISTRICT, (MHP)
Intent. It is the intent of the Manufactured Home Park District is to provide a sound and healthy residential environment sufficient to meet the unique needs of inhabitants living in manufactured homes; to protect manufactured home parks from encroachment by incompatible uses; and to encourage the consolidation of manufactured home parks. Any manufactured home park within Horry County shall henceforth be in conformance with the regulations set forth herein.
RESORT RESIDENTIAL DISTRICT, (RR)
Intent. It is the intent of this section that the Resort Residential District be established and appropriate land be reserved for medium-to-high density resort residential purposes. The regulations which apply within the district are designed to encourage the formation and continuance of a stable, healthy environment for single and multi-family dwellings in areas having unique aesthetic, environmental and recreational characteristics conducive to resort living; and to discourage any encroachment by residential, commercial, industrial or other use incompatible with or capable of adversely affecting the resort residential character of the district.
RESORT HOUSING DISTRICT, (RH)
Intent. It is the intent of this section to provide opportunities to locate and develop medium to high-density uses that are reliant on the transient population located in Horry County typically located to the east of the Intracoastal Waterway. Additionally, the RH district is intended to provide opportunities to locate and develop uses that are generally associated with the transient population in Horry County.
AGRICULTURE DISTRICTS
LIMITED FOREST AGRICULTURE, (LFA)
Intent. It is the intent of this section that the Limited Forest/Agriculture Zoning District be reserved and utilized for agriculture, forestry, and low-density, residential, limited commercial, social, cultural, recreational, and religious uses.
FOREST AGRICULTURE, (FA)
Intent. It is the intent of this section that the Forest and Agriculture Zoning District be reserved and utilized for agriculture, forestry, and low-density; residential, commercial, social, cultural, recreational, and religious uses.
COMMERCIAL FOREST AGRICULTURE, (CFA)
Intent. It is the intent of this section that the Commercial Forest and Agriculture Zoning District be reserved and utilized for agriculture, forestry, residential, commercial, social, cultural, recreational and religious uses.
RURAL ESTATES, (RE)
Intent. It is the intent of this section that the Rural Estates District be created for rural family farms with restrictions in housing types and agricultural uses, Livestock can be raised to make a farm self-sustaining, however, not to the point where it creates a public nuisance or health hazard.
AGRICULTURE DISTRICT, (AG1)
Intent. It is the intent of the Agriculture District to provide opportunities to locate and develop business geared exclusively to farming in which the primary goal is the raising, care and harvesting of trees and/or plants, animals and crops.
COMMERCIAL AGRICULTURE DISTRICT, (AG2)
Intent. It is the intent of the Commercial Agriculture to provide opportunities to locate and develop businesses that are reliant on the uses permitted in the AG1 District; however, are generally characterized as being more agriculture-commercial in nature.
AGRICULTURAL COMMUNITY SERVICES DISTRICT, (AG3)
Intent. It is the intent of the Agricultural Community Services District to provide opportunities to locate and develop businesses that meet the needs of the rural community. Commercial establishments are necessary to supply everyday items, services, and function as meeting places for the community. Uses in this district are focused toward meeting those needs.
AGRICULTURAL ESTATE DISTRICT/AGRICULTURAL MANUFACTURED ESTATE DISTRICT, (AG4)/(AG5)
Intent. It is the intent of the Agricultural Estate District to provide an environment for single-family, site built residential development in which farming activities are allowed for the pleasure and/or leisure of the residents. No commercial farming activities are allowed. The raising and care of swine is prohibited in this district.
AGRICULTURAL RANCHETTES DISTRICT/MANUFACTURED AGRICULTURAL RANCHETTES DISTRICT, (AG6)/(AG7)
Intent. It is the intent of the Agricultural Ranchettes District to provide opportunities to locate and develop single-family site-built homes on parcels one and one-half (1½) acres or greater upon which the property owner desires to conduct farming activities for personal pleasure and/or leisure. No commercial farming activities are allowed. The raising and care of swine is prohibited in this district.
CONSERVATION PRESERVATION, (CP)
Intent. As a coastal county, Horry County possesses a vast amount of low-lying areas containing salt, brackish or freshwater, in addition to an abundance of forestlands. These areas possess great natural beauty and serve as breeding grounds and refuges for marine life, birds, and land animals whose survival is economically important to sport and commercial fishing, hunting, and natural study by our citizens and visitors to the area. The preservation of pristine areas in, on, or around rivers, flood prone areas, floodways, marshes, wetlands, green belts, greenways, etc. is encouraged in this district.
COMMUNITY RETAIL DISTRICTS
NEIGHBORHOOD COMMERCIAL DISTRICT, (NC)
Intent. It is the intent of this section that the Neighborhood Commercial District be established and appropriate land be reserved for local or neighborhood-oriented business purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy, and compatible environment for uses that are located so as to provide nearby residential areas with convenience shopping and service facilities; reduce traffic and parking congestion; avoid the development of "strip" business districts; and to discourage industrial and other development capable of adversely affecting the localized commercial character of the district.
COMMUNITY COMMERCIAL, (CC)
Intent. It is the intent of this district to promote the creation of harmonious, pedestrian oriented commercial centers which may serve an extensive retail market area. The combination of single-family residential uses with such commercial center shall be encouraged as a means of implementing the county's comprehensive plan.
RETAILING AND CONSUMER SERVICES, (RCS)
Intent. It is the intent of the Retailing and Consumer Services District to provide opportunities to locate and develop businesses focused on providing goods and services that the general public consumes, purchases or participates in as part of their day to day activities
TRANSPORTATION-RELATED SERVICES, (TRS)
Intent. It is the intent of the Transportation Related Services District to provide opportunities to locate and develop businesses generally reliant on the automobile or focused on providing services for automobiles, public or private transportation facilities, services, and communications facilities. Uses in this district are generally located where accessibility to the transportation system is good and exposure to the public is substantial.
HIGHWAY COMMERCIAL DISTRICT, (HC)
Intent. It is the intent of this section that the Highway Commercial District be established and appropriate land reserved for general business purposes and with particular consideration for the automobile-oriented commercial development existing or proposed along the county's roadways. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible and economically healthy environment for business, financial, service, amusement, entertainment and professional uses which benefit from being located in close proximity to each other; and to discourage any encroachment by industrial or other uses capable of adversely affecting the basic commercial character of the district.
NEIGHBORHOOD RETAIL SERVICES DISTRICT, (RE1)
Intent. It is the intent of the Neighborhood Retail Services District to serve the needs of the surrounding residential community through provision of services that have limited impact on the quality of life in the adjacent residential development. Uses within this district are encouraged to incorporate design features and characteristics that are In keeping with the adjacent residential development and shall meet the buffer/landscaping provisions and parking requirements stated within these regulations.
COMMUNITY RETAIL SERVICES DISTRICT, (RE2)
Intent. It is the intent of the Community Retail Services District to provide opportunities to locate and develop businesses primarily engaged in the sale, rental, and provision of goods or merchandise for personal or household use. Uses with this district are generally located outside or on the edge of established residential developments along transportation corridors providing easy access to established business. Uses permitted in this district may freestanding or located in minor retail centers with out-parcel development. Uses permitted in this district are intended to not impair existing or future residential development.
CONVENIENCE AND AUTO RELATED SERVICES DISTRICT, (RE3)
Intent. It is the intent of the Convenience and Auto-related Services District to provide opportunities to locate and develop businesses that meet the convenience shopping and service needs of the community and region as well as the motoring public. This district is typically located adjacent to arterial or collector streets and is convenient to major residential areas. The types of uses permitted within this district are intended to serve consumer needs.
RETAIL WITH ACCESSORY OUTDOOR STORAGE DISTRICT, (RE4)
Intent. It is the intent of the Retail with Accessory Outdoor Storage District to provide opportunities to locate and develop businesses requiring outdoor storage areas. Such businesses are generally located along arterial or collector roadways and are in close proximity to other consumer-related businesses. Uses within this district should not be located adjacent to established residential communities due to their large outdoor storage areas and non-traditional delivery hours.
PROFESSIONAL AND MEDICAL DISTRICTS
OFFICE/PROFESSIONAL/INSTITUTIONAL DISTRICT, (OPI)
Intent. It is the intent of the Office/Professional/Institutional District to provide areas for the development of administrative and professional office space in locations served by primary access, yet inappropriate for commercial development because of close proximity to residential areas.
EDUCATION, INSTITUTION AND OFFICE DISTRICT, (EIO)
Intent. The Education, Institution, and Office District provides opportunities to locate and develop businesses focused on providing services that meet the educational, medical, personal, professional, religious, and social needs of the public. Additionally, this district is intended to provide locations for public or private facilities engaged in the provision of utility services to the public. Uses in this district are generally located in close proximity to the population which they are intended to service; however, may be concentrated into a single area, such as a downtown, where locational advantages are realized.
OFFICE-PROFESSIONAL DISTRICT, (PR1)
Intent. It is the intent of the Office-Professional District to provide opportunities to locate and develop administrative and professional offices and education institutions in locations served by primary access. Uses in this district can be located in close proximity to the population that they are intended to service, or concentrated in a single area, such as a downtown or along a major transportation corridor, where location advantages are realized.
CAMPUS INSTITUTION, OFFICE AND RESEARCH DISTRICT, (PR2)
Intent. It is the intent of the Campus Institution, Office and Research District to promote the development and location of research and research-related uses, institutional uses, and light industrial uses that capitalize on the educational institutions throughout Horry County. Creation of PR2 Districts may result in the creation of settings for the development of high-tech university-related or spin-off uses in a campus setting. Development within this district may create opportunities to enhance the economic vitality of the community and encourage the development of such uses in a park environment. Within this district light industrial, commerce, and office park development may also occur. These parks may include light manufacturing, processing, storage and warehousing, wholesaling and distribution uses.
The principal use of any industrial and office park district is the manufacture of goods and materials as well as the storage and wholesale distribution of those goods and materials. However, for the welfare of the public and for the efficiency of the local economic structure, the PR2 District permits a limited number of commercial uses. The uses permitted are intended to serve principally the employees or patrons of businesses within the PR2 District.
INPATIENT MEDICAL SERVICES DISTRICT, (ME1)
Intent. It is the intent of the Inpatient Medical Services District to provide opportunities to locate and develop businesses providing services that meet general medical needs (inpatient and outpatient) of the public. Uses in this district are generally concentrated into a single area, such as a downtown or along a major transportation corridor, where location advantages are realized.
OUTPATIENT MEDICAL SERVICES DISTRICT, (ME2)
Intent. It is the intent of the Outpatient Medical Services District to provide opportunities to locate halfway houses, residential treatment centers, outpatient clinics for the treatment of drug and alcohol addiction and other facilities of similar nature as might be required to serve a growing population. These uses can have substantial negative impacts on adjacent developments and are often considered noxious uses. Impacts may be mitigated through increased buffering requirements. To avoid possible negative impact upon adjacent development, these uses are not allowed to locate directly adjacent to existing residential development.
COMMERCIAL RECREATION DISTRICTS
AMUSEMENT COMMERCIAL DISTRICT, (AC)
Intent. The intent of the Amusement Commercial District is to allow for the mixing of certain specified land uses in the county where both residential and limited business uses are competing for land and accelerated transition is in evidence.
INDOOR AMUSEMENT DISTRICT, (AM1)
Intent. It is the intent of the Indoor Amusement Commercial District to provide opportunities to locate and develop uses that are amusement-related that are generally located within fully enclosed buildings or facilities. Uses typically located within this district have limited impact upon adjacent properties due to their location within enclosed structures.
OUTDOOR AMUSEMENT COMMERCIAL DISTRICT, (AM2)
Intent. It is the intent of the Outdoor Amusement Commercial District to provide opportunities to locate and develop use that are amusement-related in nature that are generally located outside a fully enclosed building or facility. Uses typically located within this district have significant impact upon adjacent properties do to their large scale, noise, and level of activity. Uses within such district should be sited in a manner that minimizes potential adverse impacts upon adjacent properties.
COMMERCIAL RECREATION DISTRICT, (CR)
Intent. It is the intent of the Commercial Recreation District to provide opportunities to locate and develop businesses focused on commercially operated recreational activities.
RESORT COMMERCIAL DISTRICT, (RC)
Intent. It is the intent of the Resort Commercial District are to create and protect areas wherein compatible residential, recreational, and commercial uses may be established and maintained on a sound basis. Standards are so designed as to encourage both seasonal and permanent occupancy of dwellings within this district; to permit commercial activities, such as marinas, boat service stations restaurants, and other selected retail establishments which are compatible with resort-oriented residential and recreational development; to encourage the discontinuance of nonconforming uses; and to prohibit any use that would substantially interfere with the development or continuance of resort-oriented commercial establishments, recreational, and residential structures in the district.
DESTINATION PARK DISTRICT, (DP)
Intent. It is the intent of the Destination Park District is to provide sound and healthy recreational sites in Horry County in which campers are situated. Furthermore, the Destination Park District is intended for short-term occupancy and is to be used primarily for leisure time activities at or near natural attractions in Horry County.
INDUSTRIAL/TRANSPORTATION DISTRICTS
BOATING/MARINE COMMERCIAL DISTRICT, (BO1)
Intent. It is the intent of the Boating/Marine Commercial District to provide opportunities to locate and develop businesses that rely on the ocean, rivers, and streams for their operations. Such businesses may have negative impact on the adjacent community due to odors and noise; therefore; careful consideration should be exercised before permitting such uses adjacent to existing residential developments.
PASSENGER AND PRODUCT TRANSPORTATION DISTRICT, (PA1)
Intent. It is the intent of the Passenger and Product Transportation District to provide opportunities to locate and develop businesses whose primary purpose is the movement of people or goods either within Horry County or between Horry County and other destinations. These facilities are generally located near population centers where accessibility to the transportation network is easily achieved; however; should not be located near established residential communities.
LIMITED MANUFACTURING AND INDUSTRIAL DISTRICT, (MA1)
Intent. It is the intent of the Limited Manufacturing and Industrial District to provide for the manufacture of small articles and products not involving the use of any materials, processes, or machinery which would pose a potential environmental or safety hazard for nearby commercial business districts or residential areas.
MA1 Districts are intended to act as a buffer or transition between commercial business districts and heavier manufacturing and industrial districts or to provide for planned industrial parks located in close proximity to residential areas.
GENERAL MANUFACTURING AND INDUSTRIAL DISTRICT, (MA2)
Intent. It is the intent of the General Manufacturing and Industrial District to meet the general industrial and manufacturing needs of Horry County by providing for uses that may require open-air storage of equipment, materials, and products. MA2 Districts are not intended for locations in close proximity to residential areas, and are not intended to directly abut commercial business districts.
HEAVY/INTENSE MANUFACTURING AND INDUSTRIAL DISTRICT, (MA3)
Intent. It is the intent of the Heavy/Intense Manufacturing and Industrial District to provide for the heaviest manufacturing and industrial uses, involving the use, handling, and storage of hazardous materials, or industrial uses which require a substantial amount of open-air storage area.
MA3 Districts are not intended to be within one thousand (1,000) feet of any residential structures are not appropriate in close proximity to commercial business districts. MA3 Districts should be surrounded by MA1 and MA2 zoning districts.
MARINE INDUSTRIAL DISTRICT, (MI)
Intent. It is the intent of the Marine Industrial District is primarily to provide adequate space for those water-dependent commercial and industrial uses that require direct marine access for their operation, such as full-service marinas, marine transportation facilities, and tourist attractions which benefit from direct access to the waterways.
LIMITED INDUSTRIAL DISTRICT, (LI)
Intent. It is the intent of the Limited Industrial District to provide areas for limited industrial purposes which are not significantly objectionable in terms of noise, odor, fumes, etc., to surrounding properties. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible environment of uses generally classified to be light industrial in nature; protect and reserve undeveloped areas in Horry County which are suitable for such industries; and discourage encroachment by those residential, commercial, or other uses capable of adversely affecting the basic industrial character of the district.
HEAVY INDUSTRIAL DISTRICT, (HI)
Intent. It is the intent of the Heavy Industrial District to promote the development and continued use of land for large scale basic or primary industrial purposes which involve extensive manufacturing, processing, or assembly operations and preserve sizable tracts of undeveloped land with potential for industrial uses.
Sec. 202. - District boundaries.
The boundaries of the above zoning districts are shown by a series of maps entitled, "Official Zoning Map, Horry County, South Carolina," which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.
1.
Each map bearing the designation "Official Zoning Map, Horry County, South Carolina" shall be identified by the signature of the chairman of the County Council of Horry County, attested by the clerk of the County Council of Horry County, and bear the Seal of the County under the words: "Official Zoning Map, Horry County, South Carolina," together with the date of the adoption of this ordinance [October 18, 2022].
2.
If changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly by the zoning administrator within fifteen (15) days after the amendment has been approved by the County Council. No amendment to this ordinance which involves information portrayed on the official zoning map shall become effective until after such change has been made on said map.
3.
No changes of any nature shall be made on the official zoning map or information shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided by law.
4.
Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the zoning administrator, shall be the final authority as to the current status of land and water areas, buildings, and other structures in the county.
Sec. 203. - Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
1.
Boundaries indicated as approximately following the center lines or right-of-way lines of streets, highways, alleys, railways, or public utility easements shall be construed to follow such lines;
2.
Boundaries indicated as approximately following plotted lot or tract lines shall be construed as following such lines, whether public or private;
3.
Boundaries indicated as approximately following the incorporated area of county limit lines, military reservation boundaries, or special district lines, as amended from time to time, shall be construed to follow such lines;
4.
Boundaries indicated within the area known as the Atlantic Ocean shall be construed to be parallel to, and five hundred (500) feet seaward from mean high tide lines or marsh shoreline;
5.
Boundaries indicated as approximately following the center, mean high water mark, or shoreline of streams, rivers, canals, lakes, marsh areas, or other bodies of water, low land, or tidal areas, shall be construed to following such boundaries;
6.
Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the official zoning map, or in other circumstances not covered by subsections 1 through 5 above, the Board of Appeals shall interpret the district boundaries.
Sec. 204. - Zoning use tables.
A.
Intent. This section explains how to interpret the use tables. The top of the use tables contains the Zoning Districts and the left side of the table contains the use types. The uses listed in the use tables are permitted or not permitted in each Zoning District according to the letter coding described in Section 204. B through G below.
B.
Permitted uses. A "P" in a cell indicates that a use category is allowed by right in the respective district. Permitted uses are subject to compliance with all other applicable regulations of this ordinance.
C.
Conditional uses. A "C" in a cell indicates that a use category is allowed conditionally in the respective district, subject to compliance with the use-specific regulations set forth in the final column of the table.
D.
Temporary uses. A "T" in a cell indicates that a use category is allowed temporarily in the respective district, subject to compliance with the use-specific regulations set forth in the final column of the table.
E.
Special exception uses. A "SE" in a cell indicates that a use category is allowed only if reviewed and approved as a special exception in accordance with the special exception review procedures set forth in the final column of the table.
F.
Retired zoning districts. A " * " next to a zoning district indicates a zoning district that is no longer available for use in the rezoning of the property. See § 301B of this ordinance for additional information.
G.
Uses not allowed. A blank cell indicates that a use is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this ordinance.
H.
Uses not listed. The zoning administrator shall determine whether or not an unlisted use is part of an existing category, or is substantially similar to an already defined use.
I.
Additional regulations. Regardless of whether a use category is permitted by right or permitted as a conditional use, temporary use or special exception, there may be additional regulations that are applicable to a specific use. All uses are subject to compliance with all applicable regulations of this ordinance.
(Ord. No. 96-2023, § 1, 9-19-23; Ord. No. 123-2023, § 1, 12-12-23; Ord. No. 155-2024, § 1, 1-21-25)
Sec. 205. - Dimensional and density standards.
A.
Applicability. In any zoning district the maximum heights of building or structures, the minimum dimensions of yards, the area of lot required and the percent of lot to be occupied by buildings shall be shown on Table 2-1.
B.
General setback provisions. The following provisions apply to all applicable lots:
1.
Increased setback on certain roads. No structures shall be located within sixty (60) feet of the rights-of-way of Hwys 19, 21 (Red Bluff Rd), 57, 90, 319, 378, 701, 905, 917, Hwy 9 Business (from Hwy 917 to Hwy 9), Hwy 9 (from Marion County Line to Hwy 90), Nichols Hwy, Hardwick Rd (off Hwy 501) and Pee Dee Hwy./Rd.
2.
Shared private driveways. When a shared private driveway easement is utilized for access, the required setback shall be measured from the easement line. In instances when such access serves LFA zoned property, one-half (½) of the required setbacks may be located within the shared private driveway easement.
3.
Double frontage lots. Double frontage lots abutting public or private rights-of-way or shared private driveways shall maintain minimum front setbacks on both frontages.
4.
Corner lots. The minimum width of a side yard along an intersection street shall be (150) percent of the side yard requirements of the district in which the lot is located. If a corner lot is adjacent to a collector or arterial street it must meet the front yard setback from both streets, unless said lot is within a Commercial Subdivision Development.
(Ord. No. 41-2023, § 1, 5-16-23; Ord. No. 95-2023, § 1, 9-19-23; Ord. No. 96-2023, § 2, 9-19-23; Ord. No. 24-2024, § 1, 3-19-24; Ord. No. 123-2024, § 2, 12-10-24)
Sec. 205.2. - Exceptions and modifications to dimensional standards.
A.
Lot reduction prohibited. No yard or lot existing prior to the adoption of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
B.
Use of substandard lots of record. Where a lot of record exists before the adoption of this ordinance that does not contain sufficient land to conform to the dimensional requirements of this ordinance, such lot may nonetheless be used as a building site and the zoning administrator is authorized to issue a permit for the use of the property which conforms to the requirement for the district in which the lot is located as set forth in this ordinance, provided that said lot requirements are not reduced below the minimum specified in the ordinance by more than twenty-five (25) percent.
C.
Front yards. The front yard setback requirements of this ordinance for buildings shall not apply to any lot where the average depth of existing front yards on developed lots located within one hundred (100) feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot, is less than the minimum required front yard depth. In such case, the minimum front yard shall be the average of the existing front yard depths on the developed lots.
D.
Exceptions to height limits. The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, silos, chimneys, smokestacks, conveyors, flag poles, masts and aerials, and amusement structures, provided evidence from appropriate authorities is submitted to the effect that such building or structure will not interfere with any airport approach zones or flight patterns.
E.
Group housing projects. In the case of a group housing project of two (2) or more buildings to be constructed on a plot of ground of at least one (1) acre not subdivided into the customary streets and lots, a special exception to the terms of this ordinance may be in harmony with the charter of occupancy and an intensity of land use no higher and a standard of open space no lower than that permitted by this ordinance in the district in which the project is to be located, or a smaller lot area per family than the minimum required in such district, or a greater height, or a larger coverage than the requirements of this ordinance permit in such a district.
F.
Exceptions to minimum lot sizes and setback requirements. The minimum lot sizes and setback requirements in this ordinance shall not apply to nonresidential lots transferred or subdivided for the purposes of providing utility services or to individual residential lots transferred for townhouses or condominium property regimes. This exception is not intended to provide relief from the requirements for overall development lot size.
G.
Structures projecting into required yards. The following structures within the limits set forth may project into required yards:
1.
Overhangs. Overhangs may encroach into required setback areas for a distance not to exceed eighteen (18) inches.
2.
HVAC units and generators.
a)
In one and two family dwellings, HVAC units and generators may encroach into side yard and rear yard setback areas.
b)
In all other cases HVAC units and generators must meet the setbacks of the Zoning District.
c)
Portable generators on a temporary basis are exempt.
3.
Unenclosed steps/landings.
a)
Unenclosed steps and landings may extend no more than three (3) feet into the required setback area.
a.
Unenclosed steps may extend no more than three (3) feet into the required setback area.
4.
Uncovered porches and steps. Uncovered porches and steps not exceeding twelve (12) inches in height may extend into the required setback areas.
5.
Building exterior facade and facing materials. Building exterior facades and facing materials, including but not limited to: brick, block, stone, or brick veneer; and wood, cement, or vinyl siding, may encroach up to six (6) inches into the required setbacks.
6.
Unenclosed and uncovered handicapped access ramps, lifts, and landings.
a)
Residential uses. Unenclosed and uncovered ramps, lifts, and associated landings necessary to provide handicapped access may extend into the required setback, provided the landings are no larger than ADA (Americans with Disabilities Act) requirements for landings.
b)
Commercial uses. Unenclosed and uncovered ramps, lifts, and associated landings necessary to provide handicapped access may extend into the required setback, provided the building existed prior to the adoption of the American with Disabilities Act in 1990, and provided the landings are no larger than ADA (Americans with Disabilities Act) requirements for landings.
H.
Setbacks for lots within a commercial subdivision development. Lots within a Commercial Subdivision Developments are required to meet the front setback from the main corridor providing access to the development.
1.
Corner side setbacks shall be equal to 150% of the minimum side yard requirements from internal commercial cross access easements and reverse frontage roads.
2.
Rear setbacks along internal commercial cross access easements and reverse frontage roads shall be equal to the normal rear setback for that district.
Sec. 206. - Planned development district requirements.
A.
General provisions.
1.
Types of PDDs. Proposals to create a PDD will be classified as either "Major" or "Minor."
A "major" PDD is five (5) acres or greater.
A "minor" PDD is less than five (5) acres.
The external 25-foot PDD perimeter buffer requirement may be waived provided that the conceptual plan mitigates the impact of the PDD to the surrounding properties through the establishment of buffering and/or screening requirements so that the future use of the site does not adversely impact the surrounding properties.
2.
Density/use. The density and uses allowed within a PDD shall be as established within the written narrative. The narrative shall include a statement explaining the differences in land uses between the current and the proposed zoning. The PDD narrative shall include a table summarizing the proposed gross and net densities of the proposed PDD. A breakdown of buildable area versus gross acreage shall be provided with a minimum of twenty (20) percent from the overall project area to be subtracted for the provision of infrastructure and drainage.
For the purposes of determining gross and net densities, the formula below shall be used:
Gross density = the total number of dwelling units ÷ the total project acreage
Net density = the total number of dwelling units ÷ the net (buildable) acreage
Buildable acreage is defined as: That portion of a tract or parcel of land which can be developed, not including existing platted rights-of-way and utility easements, natural water bodies (streams/lakes), and wetlands under the jurisdiction of the U.S. Army Corps of Engineers unless such wetlands are to be filled upon issuance of a "fill" permit. Wetland buffers may be included as developable acreage, but may not be encroached upon unless specified by a permit and approved development plan.
3.
Building height. Single-family structures, attached or detached, shall not exceed thirty-five (35) feet unless otherwise approved by the Planning Commission for justifiable cause. All other building heights shall not exceed one hundred eighty (180) feet unless otherwise approved by the Planning Commission for justifiable cause. Increases in building heights shall be decided on a case-by-case basis, taking into consideration current zoning, existing surrounding structures, and the anticipated impact to the area. All other applicable requirements must be met—Parking, airport height restrictions, lot coverage, etc.
B.
Specific requirements. In order to qualify for a PDD, the following criteria shall be met:
1.
The area proposed for rezoning shall be in one (1) ownership or if in several ownerships, the application for amendment to the Zoning Ordinance shall be filed jointly by all of the owners.
2.
A written narrative and conceptual plan shall be submitted by the applicant or developer for review by the Planning Commission and approval by the County Council.
3.
A minimum 20-foot separation shall be maintained between multi-family buildings and a minimum ten-foot building separation shall be maintained between single-family detached structures. Accessory structure separations from principal structures associated with either multi-family or single-family structures shall be as determined by appropriate building codes.
4.
Sidewalks Required. Sidewalks shall be provided within PDDs along roadways. A Pedestrian Flow Plan is highly recommended at the Conceptual Plan stage as is alternative surfaces and designs. Pedestrian sidewalks/pathways shall be provided in the development to connect amenity areas and open space areas to main pods of development. Sidewalks may be platted as easements or as parcels. Sidewalks shall be constructed to ADA requirements.
C.
PDD Buffers and open space.
1.
Perimeter buffer. A 25-foot wide natural or landscaped buffer shall be provided around the entire perimeter of the proposed PDD. Platted lots shall not be allowed within the buffer area. Building encroachments shall be prohibited within such buffer; however, stormwater features, bicycle, pedestrian, and equestrian trails, landscape features, and development entrance rights-of-way may be permitted within such buffer. If encroachments are placed within the buffer, any remaining non-disturbed areas shall remain naturally vegetated if proposed infrastructure plans allow such.
The following standards shall apply to specific permitted encroachments within the PDD buffer:
a)
Amenity features within the buffer. Recreational and Common open space features that are located within the PDD buffer may be counted toward meeting open space requirements established in subsection 3, below, provided that:
i.
The buffer shall be platted as an independent parcel of property open space purposes.
ii.
The amount of credit given for the active amenity feature located within the buffer is calculated based on the feature's size as determined by its width and linear feet.
b)
Stormwater features. Stormwater features located within the PDD buffer are permitted provided that:
i.
Applicable maintenance easements are established on the recorded plat to ensure access to the feature.
ii.
No less than twelve and one-half (12½) feet of buffer area is provided outside the drainage/maintenance easements associated with such features. Improvement of the required buffer shall meet the landscape material requirement of Article V of this ordinance. A privacy wall or a four-foot high berm with vegetation may be installed in lieu of the natural vegetation of Article V. If such option is used, the additional buffer area outside the drainage/maintenance easement shall be seven (7) feet.
2.
Buffers between dissimilar uses. Internal buffers of no less than fifteen (15) feet shall be installed between dissimilar uses and shall be vegetated in accordance with the plant material requirements enumerated in Article V of the zoning ordinance.
3.
PDD Open space. Generally: PDDs shall include dedicated acreage for open space in accordance with the formula established in subsection a, below. Open space may include a combination of common and recreational (active or passive) elements as indicated in subsection b, below, so long as a minimum of twenty-five (25) percent of the recreational elements provided are made up of active features. The use of specific elements shall be at the discretion of the developer. Open space shall be provided in a manner that is sensitive to the design and anticipated use of the proposed development and should be designed to provide maximum benefit to the inhabitants of the development through its central location, when possible. Location of features along the exterior boundary of the PDD is discouraged.
a)
Open space calculation formulas. To calculate the required open space involves the use of two (2) formulas; the formula for the Recreational open space and the formula for the Common open space. The results obtained from the two (2) formulas are then added together to determine the total required open space:
i.
Recreational PDD open space: At a minimum, the amount of Recreational open space within a PDD shall be calculated according to the following formula:
A 1 = D x 2.3 x 0.01
Where:
A 1 = the required upland open space area;
D = the number of dwelling units in the PDD;
Average household density = 2.3 persons; and the
Number of acres required per person = 0.01 acres per person.
ii.
Common PDD open space:
A 1 = D x 2.3 x 0.01/2
where:
A 1 = the required common open space area;
D = Number of dwelling units in a PDD;
Average household density = 2.3 persons; and the
Number of acres required per person = 0.01 acres per person.
b)
Acceptable common and recreational open space features.
i.
Common open space uses include, but are not limited to:
A.
Natural open water bodies and/or water bodies of at least three (3) acres in size capable of supporting aquatic life (generally with a depth of at least four and one-half (4½) feet that can serve for recreational uses.
B.
Natural areas of undisturbed vegetation with maintenance limited to removal of litter, dead trees, plant material and brush.
C.
Areas of cultural significance such as locally or nationally listed historic and archeological sites (including structures).
A developer proposing to use lakes or stormwater ponds to meet the common space requirements must provide certification to the County Engineer that such lake or stormwater pond has been designated to be perpetually filled and capable of supporting aquatic life (generally a minimum perpetual water depth of four and one-half (4½) feet from the bottom storage or outlet elevation is required).
ii.
Recreational open space uses include, but are not limited to:
A.
Parks, play grounds, tot-lots, picnic areas, basketball courts, tennis courts, swimming pools and similar uses.
B.
Greenways, greenbelts, squares and village greens.
C.
Bicycle paths, bridle paths, footpaths and sidewalks provided such paths are improved with a surface suitable for the intended use.
D.
Lands and appropriate facilities that provide access to beaches, rivers and waterways.
E.
Land burdened with easements may be used provided that the easements do not interfere with the use of the land for open space and recreational purposes and if future development does occur, then alternate open space is provided.
D.
Documentation of PDD open space. The provision of open space shall be documented within the written narrative and shown on the conceptual plan. Expected narrative and conceptual plan contents to address this requirement are stated below.
1.
Written narrative contents. The written narrative shall explain the intended use of any open space and provide detail as to how such spaces will be accessible, integrated to the overall development and maintained. A single statement indicating that open space will be provided is not acceptable.
2.
Conceptual plan content. The conceptual plan shall show all areas intended for open space with their acreage and intended access points. Additionally, a conceptual layout of the equipment or features that will be located in such areas shall be provided as either an attachment to the PDD application or on the conceptual plan.
E.
Open space access. Open space shall be accessible to all inhabitants of the development. Access to such features shall be provided through a minimum 20-foot dedicated access points, and not via open storm drainage ditches, swales or easements between or across adjacent properties. Access, however, may be provided via a 20-foot wide easement over a piped storm drainage ditches, swales, or easements, subject to Horry County Engineering approval. Access easements to be shared with improvements adjacent to drainage must be approved by the County.
F.
Open space requirement for commercial and industrial PDDs. Commercial and industrial PDDs shall provide a minimum of five (5) percent of the total project area as upland (Recreational) open space.
Sec. 207. - Multi-residential district requirements.
A.
Administrative procedures. Any request to establish a MRD Zoning District shall follow the procedures set forth in Article XIII of the ordinance. In presenting requests for rezoning, the applicant must indicate the desired residential mix, gross and net density, and proposed number of units in order for the request to be complete.
Additionally, any request incorporating the Sustainable Development Standards listed in § 205(D) must attach an addendum to the rezoning packet that clearly describes how sustainability shall be accomplished. Failure to provide the requested information will result in rezoning requests not being presented to the planning commission.
B.
Location. A MRD district may be permitted throughout the county provided it meets the standards established herein.
C.
Permitted uses. The following uses shall be permitted subject to any requirement contained herein:
1.
Single-family detached dwellings, except mobile homes;
2.
Duplex dwellings;
3.
Semi-detached dwellings;
4.
Patio homes;
5.
Quadruplex;
6.
Townhomes;
7.
Multi-family dwellings;
8.
In-Common development incorporating any of the above uses;
9.
Golf courses, provided the areas designated for golf courses shall not be used to calculate densities or impervious surface ratios;
10.
Accessory uses; and
11.
Churches, synagogues, temples, and other places of worship subject to the provisions of Article IX.
D.
Conditional uses.
Boarding houses, provided that:
1.
The maximum number of occupants per house shall be sixteen (16), including any live-in personnel who are responsible for management and operation.
2.
The quarters to be utilized by the boarders and the occupants of the premises shall be in the principal residential structure. Separate structures, accessory buildings and garages are not permitted to be used as boarding rooms.
3.
Maximum of two (2) boarding houses per parcel, regardless of the total number of acres.
4.
Food service facilities shall accommodate only boarders of said establishment and their guests.
E.
Accessory dwelling unit. Accessory dwelling units, within an existing dwelling or in a separate structure, are permissible provided:
1.
The accessory living quarters meets all setback requirements for the parcel.
2.
The primary dwelling unit shall be owner-occupied.
3.
The accessory living quarters shall have a bathroom and cooking facilities.
4.
The accessory living quarters, if within the primary dwelling unit, may have a separate entrance.
5.
The construction of the accessory living quarters, within existing structures, shall not alter the appearance or character of the structure. When detached from the primary dwelling unit, no less than twenty (20) feet or applicable zoning district setbacks shall separate it and;
6.
Adequate off-street parking is provided per Article VII.
F.
Special exceptions. Owing to their potential negative impact on the community, the board of zoning appeals may approve the following uses as a special exception.
1.
Offices subject to the following conditions:
a)
That the special exception complies with all applicable development standards.
b)
That the special exception will be in substantial harmony with the area in which it is to be located.
c)
That the special exception will not be injurious to adjoining property.
d)
That the special exception will contribute to the economic vitality and promote the general welfare of the community.
e)
That the special exception will not discourage or negate the use of surrounding property for use(s) permitted by right.
f)
In granting a special exception, the board of zoning appeals may impose such reasonable and additional stipulations, conditions, or safeguards as, in its judgment, will enhance the siting of the proposed special exception.
2.
Bed and breakfast establishments (B&B) subject to the following conditions:
a)
That the special exception complies with all applicable development standards.
b)
That the special exception will be in substantial harmony with the area in which it is to be located.
c)
That the special exception will not be injurious to adjoining property.
d)
That the special exception will contribute to the economic vitality and promote the general welfare of the community.
e)
That the special exception will not discourage or negate the use of surrounding property for uses(s) permitted by right.
f)
In granting a special exception, the board of zoning appeals may impose such reasonable and additional stipulations, conditions, or safeguards as, in its judgment, will enhance the siting of the proposed special exception.
G.
Dimensional standards. The following dimensional standards shall apply to all uses in this section:
H.
Development standards.
1.
Rural density (MRD-1) development requirements. Rural density areas support three (3) or fewer units per acre. An exception to this density is permissible when three (3) or more sustainable development standards listed in § 205(1) are incorporated into the development. Lot or unit area requirements shall adhere to the standards shown in Tables 1 and 2, above.
2.
Suburban density (MRD-2) development requirements. Suburban density is herein defined as no greater than six (6) units per acre. An exception to this density is permissible when three (3) or more sustainable development standards listed in § 205(1) are utilized. Lot or unit area requirements shall adhere to the standards shown in Tables 1 and 2 above.
3.
Urban density (MRD-3) development requirements. Urban density is herein defined as no greater than fifteen (15) units per acre. An exception to this density is permissible when three (3) or more sustainable development standards listed in § 205(1) are utilized. Lot or unit area requirements shall adhere to the standards shown in Tables 1 and 2 above.
4.
Preservation (MRD-P) development requirements. Preservation density will be guided by the Imagine 2040 Future Land Use Map Designation. Preservation Developments shall incorporate three (3) sustainable development criteria. One of the three sustainable development criteria shall be option 4, Pocket Parks. The incorporation of sustainable development criteria shall not constitute a greater density. Lot or unit area requirements shall adhere to the standards shown in Tables 1 and 2 above.
1.
All lots along external buffers shall be limited to single story structures.
2.
Preservation Developments shall be required to provide the landscape buffers shown in Table 4 below.
I.
Sustainable development standards. A thirty (30} percent increase in the allowable gross density shall be granted when three (3) or more of the sustainable development standards below are implemented. Tables 1 and 3 list the density and area requirements for requests meeting the sustainable development standards. In no instance shall meeting the requirements of one standard be applicable to the requirements of another. The requested density increase shall in no way decrease the sustainability of the proposal and the Standards listed herein. In order to qualify for a thirty (30) percent maximum density increase, proposed developments shall meet three (3) or more of the following criteria.
1.
Site design. Each count as one (1) standard:
a)
Twenty (20) percent of the gross acreage shall remain in a natural vegetated state post-development and owned in common. This increase is in addition to the buffer and landscape requirements in Article V, and any existing wetlands, marshes, swamps, lakes or ponds. Required open space per article 4 of the land development regulations shall not count towards this increase;
b)
All residential lots shall abut active or passive recreational open space as defined by the open space requirements in article 4 of the land development regulations on at least one (1) side. A road internal to the development may separate lots from the open space. Sidewalks more than four and one-half (4½) feet in width shall count as recreational open space so long as such walkways are adjacent, or located directly across the street, to all residential lots. Easements for ponds, lakes and wetlands shall not count as recreational open space.
c)
All residential lots shall be platted outside of the regulated FEMA or Supplemental flood zones. A fifty (50) foot undisturbed buffer shall be provided around the perimeter of all wetlands.
2.
Recreational space. A one-hundred (100) percent increase in the required active recreational open space as defined by the open space requirements, article 4, section 6-2 (B) of the land development regulations. Only fifty (50) percent of said increase shall count towards the site design requirements listed in subsections 1.a) and 1.b) above if utilizing these standards. The one hundred (100) percent increase in active open space shall be contiguous and centrally located.
3.
Design with trees. Conduct a pre-development tree inventory and keep thirty (30) percent of the canopy tree inventory post-development. Pre-development canopies shall cover at least seventy-five (75) percent of the proposed rezoning. If canopy trees have not reached a mature height, the thirty (30) percent requirement shall be applied using the median diameter at breast height (dbh) calculation. The requirement shall be met when eighty (80) percent of the specimens to be kept are greater than the median dbh. Said trees shall be owned in common and kept in perpetuity unless doing so directly imposes a threat on the health, safety or general welfare of the public or personal property.
4.
Community gardening. A one thousand (1,000) square foot plot for every twenty-five (25) units. If less than twenty-five (25) units are proposed, one (1) one thousand (1,000) square foot plot shall suffice. The community garden shall be centrally located and accessible from all proposed residential units. Community gardens shall adhere to the standards of the American Community Gardening Association publication titled "Starting a Community Garden." The publication is available at the planning department. Said garden/s shall be owned in common and kept in perpetuity. Maintenance shall be the responsibility of the common ownership. (Shall be applicable to MRD 2&3 for Multifamily & Townhome projects only).
5.
Pocket parks. Pocket Parks shall be provided throughout the community. A fourteen thousand five hundred (14,500) square foot pocket park shall be provided as defined by article 4, section 6-2(B) of the land development regulations in the form of active open space at a rate of 1 (one) space per fifty (50) lots/units. Pocket Parks shall be at minimum seventy (70) feet in width.
J.
Development review. The approved sustainable development standards shall be noted or clearly drawn on all plans submitted for review by the planning department with the county ordinance number clearly marked. Final development review approval shall not be granted until all standards have been met in accordance with the approved rezoning.
(Ord. No. 47-2024, § 1, 6-18-24)
Sec. 208. - Destination park district requirements.
A.
Permitted uses. Unless otherwise set forth herein, occupied travel trailers, pick-up coaches, motor homes, camping trailers, other vehicular accommodations and tents suitable for temporary habitation and uses for travel, vacation, and recreation purposes shall be permitted. No permanent external appurtenances such as carports, cabanas, or patios may be attached to any travel trailer or other vehicular accommodation parked in a destination park.
B.
Accessory uses. Management headquarters, toilets, dumping stations, showers, coin operated laundry facilities, arcades, golf cart rentals, associated retail uses and other uses and structures customarily incidental to operation of a destination park, subject to the following restrictions:
1.
Such establishments and the parking areas primarily related to their operations shall not occupy more than eight (8) percent of the gross area of the park.
2.
Such establishments shall be restricted in their use to occupants of the park.
3.
Such establishments shall present no visible evidence from any street outside the park of their commercial character which could attract customers other than occupants of the park.
4.
The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the park.
C.
Conditional uses. Permanent vacation homes may be placed in destination parks as long as they comply with the following conditions:
1.
Structures are to be placed on minimum lots of three thousand square feet.
a)
Minimum lot width: Forty (40) feet.
b)
Front yard setback: Twenty (20) feet.
c)
Side yard setback: Seven and one-half (7.5) feet.
d)
Rear yard setback: Ten (10) feet.
e)
Maximum building height: Twenty-five (25) feet.
2.
The setback requirements established in this subsection, Conditional uses, shall not supersede the general park requirements of § 208D, below.
D.
Park plan. Destination parks shall conform to the following requirements:
1.
It shall be located so that no entrance or exit from the park shall discharge traffic into any residential district nor require movement of traffic from the park through a residential district. A destination park shall have a minimum of one hundred fifty (150) feet of frontage on a public street.
2.
Sites: Such site shall contain a stabilized vehicular parking pad of stone, paving, or other suitable material.
3.
Recreation facilities: A minimum of eight (8) percent of the gross area for the destination park shall be set aside and developed as common use area for open or enclosed recreation facilities. No trailer site, buffer strip, street right-of-way, storage area, or utility site shall be utilized in computing recreational area requirements.
4.
Design of access to park: Entrances and exits to destination parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. All traffic into or out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and entrances and exits are to be designed to facilitate easy turning and movements of vehicles with trailers attached. No impediment to visibility shall be created or maintained which obscures the view of an approaching driver.
5.
Minimum setbacks for park: These requirements are for the external boundaries:
a)
Front yard, where park abuts a public street, shall by thirty (30) feet.
b)
Side yard, where park abuts adjoining properties, shall by twenty (20) feet.
c)
Rear yard, where the rear property line of the park abuts adjoining property, shall by twenty (20) feet.
6.
The plat shall be drawn to scale by a registered civil engineer or land surveyor, and show exact dimensions of the parcels of land under consideration. The elements to be shown are as follows:
a)
All property dimensions, lots, and street systems, proposed location of buildings and size, plans for screening and protection of abutting properties, means of ingress and egress, access and circulation arrangements, open spaces, and other support facilities.
b)
A drainage plan with two (2) foot vertical contour intervals. The number of acres for the park, open space, and campsites shall be shown and each lot shall be numbered.
7.
Streets shall be private, but shall be constructed with a stabilized travel way (stone, paving, or other suitable material).
Sec. 209. - Manufactured home park district requirements
A.
Permitted uses. Unless otherwise set forth herein, mobile home parks shall be permitted only in an officially approved Manufactured Home Park District for which a certificate of occupancy has been issued. Uses permitted in Manufactured Home Park Districts shall include mobile homes as well as other uses which may be required to serve exclusively, in the opinion of the Planning Commission and County Council, the residents, of that particular Manufactured Home Park District.
B.
Park plan. In order to qualify as a Manufactured Home Park District the proposed park must first meet the following specific requirements:
1.
The site to be utilized for the park shall contain an area of not less than five (5) acres, and be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.
2.
The site shall have a minimum lot width measured at the building line of one hundred fifty (150) feet.
3.
The manufactured home park shall not contain more than seven (7) mobile home units per net acre (gross area minus public dedications—streets, etc.).
4.
Each individual manufactured home space shall provide a lot consisting of not less than fifty (50) feet in width and five thousand (5,000) square feet of area, and be clearly defined.
5.
Each manufactured home park shall have a minimum area of five (5) percent of the gross site area reserved and designated for recreation space. The area must be suitable for recreation and located for convenience and safety of the residents.
6.
Other requirements for manufactured home parks:
a)
External park setbacks. All manufactured homes shall meet a setback of thirty-five (35) feet from any public roadway and twenty-five (25) feet from any external park boundary.
b)
Internal park setbacks. All units must be separated at least twenty (20) feet from any other unit or roadway within the mobile home park.
c)
Maximum building height. Thirty-five (35) feet from grade.
7.
The area proposed shall be in one (1) ownership, or if in several ownerships, the application for amendment to the Zoning Ordinance shall be filed jointly by all of the owners of the properties included in the plan.
8.
A manufactured home park in a Manufactured Home Park District must conform to the Department of Health and Environmental Control requirements and the site plan must be reviewed by the County Health Department and other appropriate health agencies, which shall advise the Planning Commission of its findings in writing or by stamped approval on the plan itself prior to the Commission's making a recommendation on the proposal. The Planning Commission shall be restricted from making a favorable recommendation unless the Department of Health and Environmental Control determines that all local and state codes pertaining to health and environmental sanitation in mobile home parks have been met by the applicants.
9.
A suitable plot plan shall be submitted by the developers for review and approval by the Planning Commission. Specifically, such plan shall include the following elements when applicable:
a)
A plot plan drawn to scale by a registered engineer, registered surveyor, registered landscape architect or registered architect showing the exact dimensions of the parcel or parcels of land under consideration. The plan shall include the following elements:
i.
all property dimensions;
ii.
all manufactured home space dimensions;
iii.
street systems and dimensions;
iv.
means of ingress and egress;
v.
off-street parking facilities;
vi.
open spaces, including recreational areas together with dimensions;
vii.
provisions for utilities, including water, sewer and drainage facilities approved by the Department of Health and Environmental Control; and
viii.
park front, side, and rear yard setback dimensions as described in this subsection.
b)
A written report shall be submitted by the developers for review and approval by the Planning Commission. The report shall give assurances that all improvements and protective devices, such as buffers [and] waste disposal systems (where applicable) will be properly maintained.
C.
Posting of certificate of occupancy. The developer shall submit to the Zoning Administrator an approved plan before a certificate of occupancy can be issued. The certificate of occupancy shall be conspicuously posted in the office on the premises of the park.
D.
Administrative procedures with regard to manufactured home park zoning districts. Any request pertaining to establishment of a manufactured home park shall be considered an amendment to the Zoning Ordinance and shall be administered and processed in accordance with the regulations set forth in Article III, entitled Amendments, of this ordinance. All data set forth in § 209B shall be submitted to the Planning Commission and subsequently forwarded to the County Council. All information pertaining to the proposal shall be adopted as an amendment to the Zoning Ordinance, and shall become the standards of development for that particular Manufactured Home Park District.
1.
All further development shall conform to the standards adopted for the district, regardless of any changes in ownership. Any proposed changes in the district shall be treated as amendments to the Zoning Ordinance and must be considered in accordance with procedures set forth in Article I of this ordinance.
2.
Appeals based on hardship or an alleged misinterpretation of the ordinance by the zoning administrator shall be processed in accordance with procedures set forth in Article XI, entitled Zoning Board of Appeals.
E.
Conditional uses. Modular homes, provided that said homes are placed on individual lots, and meet the following conditions:
1.
Modular homes placed on lease-lots, must meet regulations as set forth in this section.
2.
Modular homes are subject to all current and applicable land development standards.
3.
Modular homes must conform to all current and applicable building codes.
Sec. 210. - Conservation preservation district requirements.
A.
Permitted uses. Public and private forestry management areas, wildlife management areas, passive park space, and conservation areas which meet the intent of the district. On-premise signage is permitted, even if no primary structure is located on the property.
B.
Conditional uses. If more than 20 acres, accessory uses that are subordinate and incidental to any of the above permitted uses are allowed, provided a 20' building separation is met. Such accessory uses include non-commercial docks, non-commercial personal use buildings, picnic shelters, gazebos, parking areas and restrooms. A minimum 25' exterior setback shall be maintained on the property.