A.

Purpose. A conditional use is a use that is generally compatible with other uses permitted in a zoning district, but is subject to additional conditions, restrictions or limitations on its locations, design, configuration or density and intensity of use, to ensure the appropriateness of the use at a particular location.

B.

Applicability. All conditional uses shall be subject to the limitations and conditions specified herein.

A.

Purpose; findings and rationale; nonconforming adult entertainment establishments.

1.

Purpose. It is a purpose of this ordinance to regulate adult entertainment establishments in order to promote the health, safety, and general welfare of the citizens of the county, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult entertainment establishments within the county. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually-oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

2.

Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the county council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and

Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); D.G. Restaurant Corp. v. City of Myrtle Beach, 953 F.2d 140 (4th Cir. 1991); Giovani Carandola, Ltd. v. Fox, 470 F.3d 1074 (4th Cir. 2006); Independence News, Inc. v. City of Charlotte, 568 F.3d 148 (4th Cir. 2009); Steakhouse, Inc. v. City of Raleigh, 166 F.3d 634 (4th Cir. 1999); Hart Bookstores, Inc. v. Edmisten, 612 F.2d 821 (4th Cir. 1979); Wall Distributors, Inc. v. City of Newport News, 782 F.2d 1165 (4th Cir. 1986); Restaurant Row Associates v. Horry County, 516 S.E.2d 442 (1999); Condor, Inc. v. Board of Zoning Appeals, 493 S.E.2d 342 (1997); Rothschild v. Richland County Bd. of Adjustment, 420 S.E.2d 853 (1992); Centaur, Inc. v. Richland County, 392 S.E.2d 165 (1990); and

LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005);

and based upon reports concerning secondary effects occurring in and around adult entertainment establishments, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually-oriented Businesses Relate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois—2011-12; Manatee County, Florida—2007; Hillsborough County, Florida—2006; Clarksville, Indiana—2009; El Paso, Texas—2008; Memphis, Tennessee—2006; New Albany, Indiana—2009; Louisville, Kentucky—2004; Fulton County, GA—2001; Chattanooga, Tennessee—1999-2003; Jackson County, Missouri—2008; Ft. Worth, Texas—2004; Kennedale, Texas—2005; Greensboro, North Carolina—2003; Dallas, Texas—1997; Houston, Texas—1997, 1983; Phoenix, Arizona—1995-98, 1979; Tucson, Arizona—1990; Spokane, Washington—2001; St. Cloud, Minnesota—1994; Austin, Texas—1986; Indianapolis, Indiana—1984; Garden Grove, California—1991; Los Angeles, California—1977; Whittier, California—1978; Oklahoma City, Oklahoma—1986; New York, New York Times Square—1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually-oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas—2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually-oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; and Law Enforcement and Investigator Affidavits (Forest Park, GA; Sandy Springs, GA; and Horry County, SC), the county council finds:

a)

Adult entertainment establishments, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

b)

Adult entertainment establishments should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other adult entertainment establishments, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of adult entertainment establishments in one (1) area.

c)

Each of the foregoing negative secondary effects constitutes a harm which the county has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the county's rationale for this ordinance, exists independent of any comparative analysis between sexually-oriented and non-sexually-oriented businesses. Additionally, the county's interest in regulating adult entertainment establishments extends to preventing future secondary effects of either current or future adult entertainment establishments that may locate in the county. The county finds that the cases and documentation relied on in this ordinance are reasonably believed to be relevant to said secondary effects.

The county hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of adult entertainment establishments, including the judicial opinions and reports related to such secondary effects.

B.

Definitions.

1.

"Adult bookstore" or "adult video store" means a commercial establishment which, as one (1) of its principal business activities, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A "principal business activity" exists where the commercial establishment meets any one (1) or more of the following criteria:

a)

At least thirty-five (35) percent of the establishment's displayed merchandise consists of said items;

b)

At least thirty-five (35) percent of the retail value (defined as the price charged to customers) of the establishment's displayed merchandise consists of said items;

c)

At least thirty-five (35) percent of the establishment's revenues derive from the sale or rental, for any form of consideration, of said items;

d)

The establishment maintains at least thirty-five (35) percent of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items);

e)

The establishment maintains at least five hundred square feet (500 sq. ft.) of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items);

f)

The establishment regularly offers for sale or rental at least two thousand (2,000) of said items; or

g)

The establishment maintains an "adult arcade," which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."

2.

"Adult cabaret" means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment that regularly features live conduct characterized by semi-nudity. No establishment shall avoid classification as an adult cabaret by offering or featuring nudity.

3.

"Adult entertainment establishment" means an "adult bookstore or adult video store," an "adult cabaret," an "adult motion picture theater," a "semi-nude model studio," or a "sex paraphernalia store."

4.

"Adult motion picture theater" means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas" are regularly shown to more than five (5) persons for any form of consideration.

5.

"Characterized by" means describing the essential character or quality of an item. As applied in this article, no business shall be classified as an adult entertainment establishment by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

6.

"Floor space" means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.

7.

"Nudity" means the showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

8.

"Regional shopping mall (enclosed)" means a group of retail and other commercial establishments that is planned, developed, and managed as a single property, with on-site parking provided around the perimeter of the shopping center, and that is generally at least forty (40) acres in size and flanked by two (2) or more large "anchor" stores, such as department stores. The common walkway or "mall" is enclosed, climate-controlled and lighted, usually with an inward orientation of the stores facing the walkway.

9.

"Regularly" means the consistent and repeated doing of an act on an ongoing basis.

10.

"Semi-nude or semi-nudity" means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

11.

"Semi-nude model studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a class operated:

a)

By a college, junior college, or university supported entirely or partly by taxation;

b)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

c)

In a structure:

i.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

ii.

Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.

12.

"Sexual device" means any three-dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

13.

"Sex paraphernalia store" means a commercial establishment that regularly features sexual devices and regularly advertises or holds itself out, in any medium, as an establishment that caters to adult sexual interests. This definition shall not be construed to include any:

a)

Pharmacy, drug store, medical clinic, any establishment primarily dedicated to providing medical or healthcare products or services; or

b)

Any establishment located within an enclosed regional shopping mall.

14.

"Specified anatomical areas" means and includes:

a)

Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

15.

"Specified sexual activity" means any of the following:

a)

Intercourse, oral copulation, masturbation or sodomy; or

b)

Excretory functions as a part of or in connection with any of the activities described in (a) above.

C.

Location provisions. Adult entertainment establishments shall be permitted only in the following zones: Highway Commercial, Limited Industrial, and Heavy Industrial, provided that:

1.

It shall be unlawful to establish, operate, or cause to be operated an adult entertainment establishment within one thousand five hundred (1,500) feet of a residential zoning district (e.g., SF 40, SF 20, SF 14.5, SF 10, SF 8.5, SF 7, SF 6 and their corresponding MSF classifications; and GR, GRn, MRD, RR, RC and MHP). Measurements for this subparagraph (1) shall be made in a straight line without regard to intervening structures or objects, from the closest part of the structure containing the adult entertainment establishment to the closest point on the boundary line of the residential zoning district.

2.

It shall be unlawful to establish, operate, or cause to be operated an adult entertainment establishment within one thousand five hundred (1,500) feet of a residential structure. For the purpose of this subparagraph, a residential structure is hereby defined as a single-family house or mobile home, a townhouse, a duplex or a multi-family structure and specifically excludes structures that are accessory uses to other activities, such as upper-story apartments in a commercial zone. Measurements for this subparagraph (2) shall be made in a straight line without regard to intervening structures or objects, from the closest part of the structure containing the adult entertainment establishment to the closest point on the property line of the parcel containing the residential structure.

3.

It shall be unlawful to establish, operate, or cause to be operated an adult entertainment establishment within one thousand five hundred (1,500) feet of any house of worship, day care center, public or private elementary or secondary education school, public park, public library, cemetery, or any motion picture establishment which regularly shows G or PG rated movies to the general public. Measurements for this subparagraph (3) shall be made in a straight line without regard to intervening structures or objects, from the closest part of the structure containing the adult entertainment establishment to the closest point on the property line of the parcel containing the house of worship, day care center, school, park, library, cemetery, or motion picture establishment.

4.

It shall be unlawful to establish, operate, or cause to be operated an adult entertainment establishment within seven hundred fifty (750) feet of any other adult entertainment establishment. Measurements for this subparagraph (4) shall be made in a straight line without regard to intervening structures or objects, from the closest parts of the structures containing the two (2) adult entertainment establishments.

5.

An adult entertainment establishment lawfully operating in a lawful location is not rendered unlawful by the subsequent location of any use or zoning district listed in subparagraphs (1)—(4) that would otherwise render its location unlawful for an adult entertainment establishment. This provision applies only to the particular adult entertainment establishment that was operating in a particular lawful location when the subsequent disqualifying use or zoning district arrived, and only for so long as that particular adult entertainment establishment continues to lawfully operate in that location.

A.

Small animal production facilities.

1.

The following regulatory information shall be provided for facilities where between ten thousand one (10,001) and two hundred fifty thousand (250,000) pounds of normal production animal live weight will be located on site at any one (1) time:

a)

A copy of the SCDHEC permit to construct the proposed facility; and

b)

A copy of the SCDHEC approved Animal Facility Management Plan (AFMP) for the facility; and

c)

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; and

d)

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

2.

The following regulatory information shall be provided for facilities where between two hundred fifty thousand one (250,001) and five hundred thousand (500,000) pounds of normal production animal live weight will be located on site at any one (1) time:

a)

Items a.—d. above; and

b)

A copy of the Dead Animal (swine or other) Disposal Plan; and

c)

Plans and specification for all other manure treatment or storage structures, such as holding tanks or manure storage sheds not included in the AFMP; and

d)

A copy of the Emergency Plan for the facility.

B.

The raising, care and handling of animals and livestock. The raising, care and handling of animals, where allowed by district, must meet the minimum lot size requirements listed in § 205.

C.

Animal boarding facilities.

[1.]

AG3, HC, NC, CC, RCS, TRS, RE1, RE2, OPI, PR1, & RC zoning districts. No outside boarding of animals.

D.

Wild game processing.

1.

All processing services shall be conducted within a fully enclosed structure.

(Ord. No. 155-2024, § 2, 1-21-25)

Facilities engaged in the processing of aggregates used in the production, demolition or recycling of asphalt and/or concrete products shall be subject to the following conditions.

A.

Hours of operation. Hours of operation shall be governed by the Horry County Noise Ordinance.

B.

Separation from residential.

1.

All proposed batch production facilities shall be located a minimum of five hundred (500) feet from any residentially used or zoned lot, whether said lot is located within the unincorporated county or a municipal jurisdiction. The distance shall be measured from the parcel line of the proposed site to the residential zoning line or residentially used lot line. The separation distance shall be reduced to three hundred (300) feet if the facility is separated from the residential by an active railroad right-of-way or highway with at least two hundred fifty (250) feet of right-of-way.

2.

All proposed outdoor aggregate processing (i.e., crushing, sorting and recycling) facilities are required to be separated by one thousand (1,000) feet from any residentially used or zoned lot, whether said lot is located within the unincorporated county or a municipal jurisdiction. The distance shall be measured from the parcel line of the proposed site to the residential zoning line or residentially used lot line. The separation distance shall be reduced to five hundred (500) feet if the facility is separated from the residential by an active railroad right-of-way or highway with at least two hundred fifty (250) feet of right-of-way.

C.

Minimum lot area. 2.5 acres.

D.

Minimum setbacks. Mixing, batching, crushing and processing equipment shall be a minimum of fifty (50) feet from all property lines. Setbacks may be greater if required by the zoning district in which the facility is being constructed. Setbacks for all other buildings or uses on the property are required to meet the minimums for that zoning district.

E.

Enclosure requirements. All asphalt and concrete batch plants under this section shall be located in fully enclosed structures. Aggregate processing (i.e., crushing, sorting and recycling) facilities are not required to be fully enclosed as long as they meet all other requirements of this ordinance.

F.

Vehicle areas. All internal vehicle use areas shall be maintained in a dust free condition. All aggregate processing facilities must submit a dust control plan prior to receiving approval.

G.

Landscaping/buffering.

1.

Roadway screening. The site shall be screened from adjacent roadways to a minimum height of ten (10) feet. This can be accomplished from any combination of walls, berms and/or vegetation whether planted or existing. If screening is composed solely of vegetation the buffer width from the roadway must be a minimum of twenty-five (25) feet and no less than eighty (80) percent opacity in the winter season. Buffers shall contain landscape materials equal to twice that of the standard supplemental planting requirements of Article V. If the screen contains walls and/or berms a minimum of ten (10) feet in height or the roadway only services adjacent industrial uses then the site only has to meet the landscaping requirements of Article V.

2.

Side and rear property lines. All side and rear property lines must be screened according to the requirements of Article V, unless subject to (c) below.

3.

Enhanced buffers. Asphalt and concrete batch facilities within one thousand (1,000) feet of a residentially used or zoned property shall be screened through enhanced buffers. The enhanced buffer shall be around the entire work area with openings provided for approved entrances. The site should be designed so that structures and or walls are designed to provide interior site screening in front of the openings provided for access. The enhanced buffer shall consist of one of the following options:

a)

Buffer one hundred (100) feet in width with twice the landscaping material as required by the supplemental planting in buffer areas. Existing vegetation may be supplemented using a combination of evergreen trees and shrubs to reach eighty (80) percent winter season opacity within three (3) years; or

b)

A ten-foot wall, berm or combination in addition to the landscape buffer requirements of Article V.

H.

Truck routes.

1.

All such facilities shall submit to the County for approval a map showing a pre-designated route for all transport trucks traveling north, east, south, and west between the facility and the nearest arterial/collector street. The intent of this section is to control the route between the nearest arterial/collector street and the facility, taking into consideration that the routes may be different depending on the travel direction.

2.

The route maps shall restrict to the greatest extent possible the routing of transport trucks so as to minimize routes that traverse residential neighborhoods, that unreasonably and adversely impact residential dwelling units, or that damage or degrade public streets from repetitive heavy weights or the spillage of materials from transport trucks. No facility operations shall commence until the county has approved the truck route map as conforming to the requirements of this section. Once the route map is approved by the county, all transport trucks shall travel the approved routes as shown on the route map unless a temporary diversion is necessary to avoid emergency or hazardous conditions along the approved route. The owner or operator shall promptly contact the county in the event of any circumstance necessitating a diversion from the route map.

I.

Maintenance of public streets.

1.

Facilities shall employ measures to limit the tracking, carrying, or depositing of aggregates, fillers, dirt, dust, mud, sludge, or other materials associated with the facility upon any public street or thoroughfare.

2.

All transport trucks and equipment leaving a facility shall be completely rinsed of asphalt, concrete, aggregates, fillers, dirt, dust, mud, sludge, or other facility materials prior to leaving the site.

3.

All facilities shall provide paved aprons from any paved public or private rights-of-way onto the site for a distance of at least one hundred (100) feet.

4.

If, on paved public roadways, there are visible tracks or deposits of aggregates, fillers, dirt, dust, mud, sludge, or an other material associate with the operation of a concrete or asphalt facility along the travel path of vehicles exiting the facility site, all such paved public road(s) shall be swept by the owner or operator at least once each day of operation or more often as reasonably required by the county to remedy and remove the tracking and deposit. All sweeping shall be done by a commercial grade mechanical, vacuum or regenerative air sweeper that uses water for controlling dust. The owner or operator shall keep a daily written log of sweeping activities. The log shall be kept for one month.

5.

If accessing off an unpaved road the facility operator will be required to maintain said road to Horry County standards. This will involve, at a minimum, the provision of a water truck and motor grader for all plant locations.

J.

Stormwater.

1.

All sites regardless of size will be required to obtain a Horry County stormwater permit.

2.

All liquid residues resulting from the cleaning of transport trucks and equipment shall be directed to impervious process holding basins approved by the county.

a)

Basins shall be designed to hydraulically separate from the stormwater detention/water quality control facilities.

b)

All liquids from such basins shall be either recycled through the facility or discharged to the sanitary sewer system.

c)

All residual material from the basins shall be collected and disposed of or recycled, in accordance with applicable laws and regulations.

d)

After issuance of approval by the county, records evidencing proper disposition of residue materials must be maintained on site.

e)

The stormwater detention pond and liquid and the holding basins may be combined into a single facility where it can be demonstrated that the facility will meet the discharge and water quality requirements.

A.

ATM and ice vending machines shall be permitted on individual commercial lots without a principal structure; provided that:

1.

The ATM and Ice Vending machine is placed on a permanent foundation and located within a permanent structure improved to resemble a site-built facility. Such facility shall be landscaped in accordance with the standards established within this ordinance. This condition does not apply to accessory use ATM and Ice Vending machines.

2.

No less than two (2) parking spaces are provided per ATM and Ice Vending machine servicing or walk-up customers.

3.

No less than three (3) queuing (stacking) spaces are provided per ATM drive-up service. All queuing spaces shall be located on the site of the ATM machine and not in the public right-of-way.

A.

LI, RCS, TRS, AG2, MA1, PA1, RE3 & RE4 zoning districts.

1.

Vehicles that are not disabled but are awaiting minor repair and servicing are not required to be screened.

2.

Where wrecker service is provided, wrecked or disabled vehicles with current license plates shall have no more than 10 vehicles stored on the premises.

B.

CFA, HC, HI, MA2, MA3, MI zoning districts. Vehicles that are not disabled but are awaiting minor repair and servicing are not required to be screened.

A.

Conditions which apply to all tow yards.

1.

Each wrecker business which stores towed vehicles shall have a storage lot in close proximity to its principal place of business and located within Horry County.

2.

Adequate storage shall be no less than fifty (50) feet by one hundred (100) feet, either under cover or fenced with six-foot high privacy fencing (including chain link with vinyl slats or opaque mesh; metal or wood). Fencing shall incorporate three (3) strands of barbed wire at the top.

3.

Each wrecker business shall have posted at its storage lot and at its principal place of business signs clearly indicating the procedure for release of vehicles, including the on-call number for release of vehicles, such posted signs shall be clearly visible and legible to any driver approaching the storage lot or place of business.

B.

LI & MA1 zoning districts. Allow auto/boat/motorcycle/recreation vehicle storage of licensed vehicles only.

C.

HC, HI, MA2 & MA3 zoning districts. Allow auto/boat/motorcycle/recreation vehicle storage of licensed or unlicensed vehicles.

A.

Outdoor uses for the sale, rental, and/or storage of new, used, or salvaged materials or equipment.

1.

HC zoning district.

a)

No burning of materials or products is conducted on the premises.

b)

No processing of materials including, but not limited to, car crushing, car shredding, grinding, etc.

2.

HI, LI, MA1, MA2, MA3, & MI zoning districts. No burning of materials or products is conducted on the premises.

B.

Outdoor storage of new or used materials, equipment, or auto/boat/motorcycle/recreational vehicles.

1.

RE4 & AG2 zoning districts.

a)

No salvage materials and/or operations for processing of materials allowed.

b)

No stand alone tow yards allowed.

C.

Boat storage in the BO1 zoning district.

a)

No salvage materials and/or operations for processing of materials allowed.

b)

Storage of boats and/or watercrafts only.

D.

Accessory outdoor storage.

1.

CFA, AG3, RCS, & TRS zoning districts.

a)

Storage is only allowed when accessory to a permitted use within the district.

b)

Storage shall not be located forward of the principal use.

c)

No salvage materials and/or operations for processing of materials allowed.

2.

AG2, HC, RE4, LI, MA1, MA2, MA3, MI & HI zoning districts.

a)

Storage is allowed accessory to a permitted use within the district.

b)

Accessory storage must adhere to all conditions assigned to these districts in regards to outdoor storage in § 907A or B above.

3.

FA zoning district.

a)

Storage of automobiles, campers & boats is allowed accessory to a mini warehouse facility.

b)

Accessory storage of automobiles, campers & boats may not be located forward of the mini warehouse facility.

c)

No other accessory outdoor storage uses are permitted.

(Ord. No. 123-2023, § 2, 12-12-23)

A.

Boarding houses where permitted by district, provided that:

1.

The maximum number of occupants per house shall include 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.

A.

LFA, FA, and CFA zoning districts on properties abutting the Waccamaw River and/or on properties north and west of the Waccamaw River provided that:

1.

There is no existing residential dwelling unit or commercial use/building on the property, except when the property will be used for an approved special event, as described in § 13-34 of the general code, and a certificate of zoning compliance has been obtained from the Zoning Administrator.

2.

No more than two (2) campers or recreation vehicles may be located on a property, except when the property will be used for an approved special event, as described in § 13-34 of the general code, and a certificate of zoning compliance has been obtained from the Zoning Administrator.

3.

The maximum duration of stay within the campers and recreation vehicles shall be limited to no more than fifteen (15) days per calendar month, except when the camper or recreation vehicle is used in conjunction with an approved special event, as described in § 13-34 of the general code. In such instance, the duration of the stay shall be equal to that of the approved special event.

4.

Campers or recreation vehicles used upon such property shall meet the standards specified in subsection D.

B.

HC, RC, CR, CFA and TRS zoning districts provided that:

1.

The property upon which the camper or recreation vehicle is located is the site of an approved special event, as described in § 13-34 of the general code, that has been issued a certificate of zoning compliance from the Zoning Administrator.

2.

The maximum duration of stay within the camper or recreation vehicle shall be equal to that of the approved special event.

3.

The property owner provides a receipt for sanitary service (i.e. port-o-toilet) or proof that existing facilities are available on-site that may be used during the approved special event.

4.

Campers or recreation vehicles used upon the property meet the standards specified in subsection D.

C.

On lots ≥ 20,000 square feet during the construction of a single family residence, provided that:

1.

The parcel has an active building permit for a single family residence.

2.

The camper or recreation vehicle may not be lived in for longer than one (1) year.

3.

No more than one (1) camper/recreation vehicle per parcel.

4.

Temporary services for the camper must be disconnected before the Certificate of Occupancy (CO) may be issued for the single family home or any accessory uses (i.e. pools, storage buildings, detached garages, etc.)

5.

Campers or recreation vehicles used upon the property shall meet the standards specified in subsection D.

D.

Other conditions.

1.

Campers or recreation vehicles on the property shall have a current license plate and registration.

2.

Campers or recreation vehicles upon the property shall be road-ready for immediate removal.

3.

Campers or recreation vehicles on the property are serviced by sanitary/waste disposal systems approved by the applicable utility provider or SCDHEC for septic/well.

4.

Any electrical service to campers or recreation vehicles on the property shall have been permitted, inspected and approved by the Horry County Building & Code Enforcement Department.

5.

Campers or recreation vehicles on the property shall be located so that all setbacks, dimensional standards, and other pertinent zoning requirements are met.

(Ord. No. 63-2023, § 1, 6-20-23)

A.

All residential zoning districts provided that:

1.

Such use is housed in a permanent structure that is not a dwelling unit meeting all applicable building code requirements for an institutional use.

2.

Such use is located on a lot not less than one and one-half (1½) acres in area.

3.

Minimum lot width shall be two hundred (200) feet.

4.

No structure on the lot is closer than thirty (30) feet to any abutting residential property line.

5.

An on-premises private school, kindergarten, pre-school, nursery, or day care center, cemeteries or fellowship hall/family life center shall be considered an accessory use to the principal use of the site.

B.

All commercial zoning district(s) provided that:

1.

Such use is housed in a permanent structure meeting all applicable building code requirements for an institutional use.

2.

Such uses may be permitted within an existing storefront or tenant space.

3.

If such use is located in a detached structure, it shall be no closer than thirty (30) feet to any abutting residential property line.

4.

An on-premises private school, kindergarten, pre-school, nursery or day care center, cemeteries or fellowship hall/family life center shall be considered an accessory use to the principal use of the site.

1.

Facilities shall be accessory uses in HI, MA1, MA2 and MA3 districts, and conditional uses in all other zoning districts, except as stated herein.

2.

No group care facility shall be located on the same street within five hundred (500) feet of another residential center, measured from the nearest property lines of the group care facility.

3.

May be placed in separate facilities in various zones according to the number of occupants served:

A.

Applicability. Commercial and public firearm training and sports facilities shall be allowed as a conditional use in HI, FA, CFA, LFA, AG2, and AG3, per the conditions listed herein.

B.

Definitions.

Firearm training and sports facilities—Commercial or public facilities designed and specifically designated for training, safe shooting practice and competition with firearms, whether open to the public, open only to private membership, open to organization training such as law enforcement, or any combination thereof.

Commercial facility—An outdoor range receiving remuneration for the activities associated herein. Seasonal "turkey shoots" shall be exempt from the standards herein so long as the Horry County Department of Public Safety is notified prior to the event.

Public facility—An outdoor range owned and managed by the State of South Carolina and/or the County of Horry.

Range—Any individual or group of firing positions for a specific shooting type.

Shooting type—Rifle range, pistol range, archery range, tactical, skeet, trap, 5-stand, sport clay courses. Any type closely associated with those listed herein.

Firearm—Any rifle, pistol, air gun, shotgun, and/or bow available to the general public.

C.

Operating standards and specifications.

1.

Range planning, construction and operation shall be in substantial harmony with the guidelines in The NRA Range Source Book: A Guide to Planning and Construction, published by the NRA, latest edition, or the guidelines established by various publications produced by the NSSF for range planning, design, and management.

2.

Ranges and all buildings shall meet the setback requirements of the zoning district.

3.

A building/structure meeting commercial requirements shall be required on site.

4.

Hours of operation shall be posted in a conspicuous place. Shooting activities shall be permitted during the hours of 9:00 a.m. to one (1) hour after sunset. Sunday hours shall be limited to 2:00 p.m. to one (1) hour after sunset. Hours shall be extended to accommodate law enforcement certification for low-light conditions training, or upon a finding during county council review that extended hours will have no deleterious effects to surrounding property owners.

5.

Rules and regulations as stipulated in the application detailed in Chapter 13, Article IX of the Horry County Code of Ordinances, shall be conspicuously posted throughout the facility.

6.

All firearm training and sports facilities shall have a designated range master/officer or masters. A designated range master/officer must be present whenever the facility is open for shooting activities.

7.

The sale and/or consumption of alcohol on-site shall be prohibited.

8.

All firearm training and sports facilities shall comply with the Horry County Noise Ordinance (Article 3, § 13-33), unless preempted by the South Carolina Shooting Range Protection Act of 2000 (S.C. Code § 31-18-30).

D.

Ranges for concealed weapons permits.

1.

On-site classroom instruction for activities associated with concealed weapons permits (CWP) shall require a building/structure meeting commercial standards. Facilities offering CWP, where only the active live fire shooting portion of the course is instructed on-site, are exempt from this requirement.

2.

Ranges offering only CWP are exempt from the permitting requirements of Chapter 13, Article X of the Horry County Code of Ordinances. Said ranges shall be designed in accordance with § 912C2. Plans and specifications shall be submitted to the planning department for review.

3.

CWP range operators are required to have a CWP instructor license issued by the State of South Carolina.

E.

Sign requirements.

1.

Signs shall be mounted along the perimeter of the facility when adjacent lands are publicly owned.

2.

Signs shall be separated by no more than one hundred (100) feet, with the words "Firing Range" and "No Trespassing" on each sign.

3.

Signs shall be a minimum of eighteen (18) inches by twenty-four (24) inches and shall be fluorescent red or orange.

4.

Owners/operators are responsible for all fees associated with production and placement of signs. In no instance shall a facility receive a certificate of occupancy until said signs are placed where applicable.

A.

Intent. The purpose of this ordinance is to provide standards for mobile food vendors while balancing the interests of public health, safety, and overall community wellbeing.

B.

General requirements.

1.

Mobile food units (with the exception of ice cream trucks) may be allowed as a conditional use in the following zones: HC, NC, CC, TRS, RCS, RE-1, RE-2, RE-3, RE-4, EIO, PA1, OPI, PR-1, PR-2, MA-1, MA-2, MA-3, MI, LI, HI, AC, AMI, AM2, and commercial areas of PUD/PDD provided they meet the following requirements:

a)

The mobile food unit meets a 25' front setback. If adjacent to a residential area, then the mobile food unit must meet the side and rear setback requirements of its underlying zoning district;

b)

There is a principal structure and/or business on site; the mobile food units are located on a parcel with no less than an improved dust-free surface thirty (30) feet driveway throat length; Ingress, egress, and internal circulation of vehicular traffic shall not create a hazard for traffic on an adjacent street or on the subject parcel; The mobile food unit is not within ten (10) feet of an entranceway to any business open to the public;

c)

Only one mobile food unit may be permitted per parcel at a time (unless otherwise permitted in a PUD/PDD). Parcels over 30 acres in size may have up to one mobile food unit per 2 acres. In any case, there shall be no more than 15 mobile food trucks per parcel;

d)

A minimum of two (2) parking spaces must be provided per mobile food unit and maintained in addition to the minimum parking required for the principal business;

e)

No portion of the mobile food unit shall be allowed to occupy or obstruct access to any parking stall, or parking aisle required by the Zoning Ordinance;

f)

The mobile food unit is not located within three hundred (300) feet of the principal public entrance to any food service business not owned by the vendor or property owner, which sells merchandise which is approved for sale in this ordinance (unless the adjacent food service business owner provides a legal affidavit agreeing to a lesser distance). If a restaurant opens within the three-hundred-foot zone after the mobile food vendor has continuously operated his business in the location for at least two (2) years, the mobile food vendor may remain in that location;

g)

The mobile food unit is not located within two hundred (200) feet of the principal public entrance to any PreK-12 educational facility, unless approval from the school exists in writing and is provided upon request;

h)

A letter and/or copy of an official lease agreement from the property owner to vend on the subject parcel and a copy of the property owner's business license must be provided. If applicable, the vendor must provide a copy of the approved county hospitality tax application and a State sales tax number to the Zoning Administrator before a vending permit is issued;

i)

A list of all requested sites, including the property owners and physical addresses. The applicant must submit site plans, to scale, showing all proposed locations of the vending operation on the plans. The Zoning Administrator must find that the proposed operation complies with all applicable provisions of this Section, and that the proposed operation will not adversely affect the traffic accessibility, or health and public safety;

j)

The mobile food unit must obtain an annual zoning compliance;

2.

Ice cream trucks may be allowed as a conditional use in all zones, provided they meet the following:

a)

The unit shall only be stationary for a maximum of 30 minutes per stop and move at least one block before making another stop;

b)

It is unlawful for any ice cream truck to stop on private property without the consent of the property owner.

3.

Applicants for all mobile food units, including ice cream trucks, must submit the following to receive a Horry County Mobile Food Permit:

a)

The applicant's permanent street address and mailing address;

b)

A brief description of the nature of the business and goods to be sold;

c)

SCDHEC Certification, or a letter from SCDHEC stating that certification is not required;

d)

Proof of current license plate and vehicle(s) registration;

e)

Color photographs of the vehicle(s) exterior in sufficient number to provide permitting officials to be familiar with all the exterior views of the mobile food unit;

f)

A maximum of 50 permits (including mobile food units and ice cream trucks) shall be allowed at any given time.

C.

Duration and fees (for all mobile food units, including ice cream trucks).

1.

The fee levied by this ordinance is for the purpose of providing such regulation as may be required by the businesses subject thereto and for the purpose of raising revenue through a privilege tax. The mobile food permits issued under this ordinance will be valid beginning on date of this ordinance's enactment until April 30 of the ensuing year. In the following years, a permit shall be from May 1 until April 30 of the ensuing year;

2.

The permitting fee for each mobile food unit is $150.00, which includes review of two vending locations. For any additional location reviews made in conjunction with an initial application, there will be a fee of $100.00 per location.

3.

The annual permitting fee for each ice cream truck is $150.00.

D.

Permitted merchandise (for all mobile food units, including ice cream trucks). Mobile food vendors shall be limited to edible and hot and cold beverages; containing no alcohol. The selling of non-food or non-drink items shall be limited to merchandise displaying the Mobile Food Vendor company logo and/or branding. No items may be displayed outside of the vehicle.

E.

Signage (for all mobile food units, including ice cream trucks).

1.

No advertising shall be permitted on any mobile food unit except to identify the name of the product or the name of the vendor, and the posting of prices;

2.

Electronic or illuminated signs shall not be utilized by vendors while mobile;

3.

Temporary off-site signs for the mobile food units shall be prohibited;

4.

One on-site sandwich style shall be permitted per mobile food unit, maximum two (2) feet by three (3) feet in size, located within ten (10) feet of the mobile food unit, and must be located outside of all buffers and rights-of-way, unless prohibited by Overlay requirements.

F.

Prohibited conduct (for all mobile food units, including ice cream trucks). No vendor shall:

a)

Vend on any street or sidewalk where vending is otherwise prohibited;

b)

Vend between the hours of 3:00 a.m. through 6:00 a.m.;

c)

Leave any mobile food unit unattended;

d)

Store, park, or leave any mobile food unit overnight at any vending location;

e)

Sell food or beverages for immediate consumption unless there is a litter receptacle and recycling bins available for the patrons' use;

f)

Leave any location without first removing and disposing of all trash or refuse remaining from sales made by the vendor;

g)

Allow any items relating to the operation of the vending business to be placed anywhere other than within, on, or under, the mobile food unit;

h)

Set up, maintain or permit the use of any crate, carton, rack, or any other device to increase the selling or display capacity of the mobile food unit with the exception of one table 3' x 5' in size (subject to site plan approval), and no taller than 4' in height is allowed;

i)

Sell anything other than permitted merchandise as detailed in this ordinance;

j)

All mobile food units shall abide by the requirements stated in Section 13-32 "Certain Noises Prohibited";

k)

Allow the mobile food unit or any other item relating to the permitted vending operation to lean against or hang from any building, utility pole, or other structure.

G.

Exemptions (for all mobile food units, including ice cream trucks). The provisions of this section shall not apply to special events, festivals, community projects or public events which occur on a periodic basis and which are specifically approved by County Council or as an approved Special Event. This section shall not apply to activities conducted pursuant to a franchise agreement or other contract with Horry County. Refer to Sections 13-34 "Special Event Permits," Section 14-14 "Commercial Activity Prohibited at Public Boat Landing and Other Property Open to the General Public Owned by Horry County," Section 5-16 "Solicitation and Commercial Activities Prohibited," and Section 5-19 "Vehicles Prohibited."

H.

Violations (for all mobile food units, including ice cream trucks). The vendor, property owner/lessee and assigns shall be responsible for any violation of this section or any other sections of the Horry County Code of Ordinances. Such violations may result in the revocation or denial of a Certificate of Zoning Compliance and vending permit, and may also result in the revocation and denial of a Certificate of Zoning Compliance and for any future vending permits. If the mobile food unit receives more than 3 violations, the permit will be revoked for one year.

A.

Where fraternity/sorority houses are permitted, they must meet the following conditions:

1.

The use is located on the same parcel of land on which the main campus of a technical school, college or university is located or on an adjoining parcel owned by the technical school, college or university provided the structure is located within one thousand (1,000) feet of the main campus and is occupied by college, university, or professional organization recognized by that particular college, university or technical school.

2.

The use adheres to the following lot size, building height, lot coverage, setbacks, and screening:

The maximum density does not exceed eight (8) bedrooms per acre or portion thereof based on the lot area.

3.

Where the use abuts a residential zoning district and is not separated by a street right-of-way, the following screening provisions shall apply:

a)

A privacy fence or wall at least six (6) feet in height shall be placed along the property line.

b)

The privacy fence or wall is in accordance with the setbacks and requirements for privacy fences.

c)

A minimum of twenty (20) feet of existing vegetation or re-vegetated buffer yard shall be established between the proposed building and the adjacent residential district property line.

Where permitted, gas/propane fueling stations, tanks and canopies are required to meet a minimum of twenty-five (25) feet from any right-of-way/easement line of the street and are allowed to be forward of the primary structure. All other building setbacks are not changed.

1.

Heliports and Helipads shall be permitted only at Public-Use Airports, except that a helipad may be permitted as an accessory per § 402.

To promote uniform helipad standards within Horry County, any proposed heliport/helipad should comply with all heliport design guideline recommendations in FAA Advisory Circular 150/5390-2C Heliport Design, and as subsequently amended. In addition, a proposed heliport/helipad must comply with 14 CFR Part 157 - Notice of Construction, Alteration, Activation, and Deactivation of Airports, NFPA 418 Standard for Heliports, and the South Carolina Airports Act.

Multiple single-family homes or manufactured homes on one (1) parcel of land provided that (Please Note: for Accessory Dwelling Units, see § 925):

A.

LFA zoning district.

1.

The parcel of land must contain at least six (6) acres.

2.

The total number of homes placed on a parcel of land shall not exceed one (1) for every three (3) acres up to a total of five (5) homes regardless of the total number of acres. (Refer to the chart for reference)

3.

Such use cannot be located on a parcel accessed from a shared private driveway.

B.

FA and CFA Zoning districts.

1.

The parcel must contain at least three (3) acres;

2.

The total number of principal structures placed on a parcel of land shall not exceed five (5) regardless of the total number of acres;

3.

Such use cannot be located on a parcel accessed from a shared private driveway.

C.

RE zoning district.

1.

The parcel of land must contain at least five (5) acres.

2.

The total number of principal structures placed on a parcel of land shall not exceed five (5) units regardless of the total number of acres.

3.

Such use cannot be located on a parcel accessed from a shared private driveway.

D.

AG1 zoning district.

1.

The maximum number of dwellings shall be three (3) per twenty (20) acres not to exceed six (6) total units. (Refer to chart for reference)

2.

Residences shall meet a minimum of twenty (20) feet building separation.

3.

Such use cannot be located on a parcel accessed from a shared private driveway.

It is the intent of Horry County to regulate the construction of noncommercial dock facilities in order to minimize the adverse impacts of such activities upon sensitive natural resources.

Non-commercial docks shall be permitted in all residential districts and commercial districts where residential uses are allowed subject to the following:

A.

Applicability.

1.

It shall be unlawful to build, construct, repair or alter any noncommercial dock or portion thereof in the county without conforming to this section.

2.

Non-commercial boat docks are allowed under the following conditions:

a)

No noncommercial dock shall be designed or constructed to accommodate more than two (2) boats for permanent mooring. No residentially zoned lot shall have more than one (1) dock. For the purposed of this section, personal watercraft lifts shall not be considered a boat slip.

b)

Docks owned and used by a resident of the property in question are a permitted accessory use to the primary residential use;

c)

Docks owned and used by the owner of a property that are not residentially developed is permitted as a principal use provided that:

i.

The use is limited to one (1) dock for each lot or group of contiguous lots in the same ownership; and

ii.

Dock is allowed to have a roof not to exceed twenty (20) feet in height.

iii.

The boat and docks are owned and primarily used by the owner of the property.

iv.

No dock contemplated by this section shall be enclosed by any means, either permanent or temporary.

B.

General provisions.

1.

Docks must be setback from side property lines a minimum of ten (10) feet from any side lot line extended and a minimum separation of twenty (20) feet from any other dock.

2.

No space may be sold, rented, or leases for watercraft storage purposes.

3.

Docks may be provided with electric or water utilities, provided no residential accessory dock shall be served by separately metered utility service.

4.

Structures permitted herein shall not be used as a dwelling.

5.

Commercial activities, including, but not limited to, the sale of gasoline, oil, marine supplies, foodstuffs, boat rentals, boat repair, boat sales and storage shall be strictly prohibited.

6.

If state and/or federal permits are required for the erection of any dock, such permit shall be presented in writing prior to the issuance of any building permit for a dock.

C.

Special provisions. Not withstanding the preceding, a residential dock for the joint use by two (2) or more adjacent waterfront property owners may be permitted where the physical characteristics of the waterfront make it impractical to build individual docks.

D.

Multi-use/community docks. A multi-use/community dock, which is any dock owned in common or used by residents of a homeowners association, multi-family development, condominium, cooperative apartment, or any other residential horizontal property regime shall be permitted as a principal use provided that:

a)

The land area adjacent to the docks is either owned in common or accessible by easement to all residents of the property.

b)

Use of dock shall be limited to residents of the development served by the dock.

c)

The total number of boat slips shall not exceed the total number of units within the residential development served by the community dock.

d)

The dock shall not be used or operated as rental marinas nor shall any person or entity rent any community boat dock except to residents of the subdivision/development served by the dock.

e)

The total size of the dock shall not exceed one thousand (1,000) square feet, excluding the walkway.

f)

Dry boat storage is not permitted except within residential garages or within an approved amenity storage area.

g)

Areas for parking shall meet all applicable screening and landscaping requirements.

Where permitted by district, provided that:

1.

The building does not exceed four thousand five hundred (4,500) square feet in size.

2.

Parcels less than 3 acres in size shall be limited to one (1) non-commercial personal use building.

(Ord. No. 123-2024, § 1, 12-10-24)

A.

RH.

1.

The parking facility is within six hundred (600) feet of the structure for which the spaces are required.

2.

Title to the parking facility must run with and/or be appurtenant to the title of the principal resort housing structure.

B.

Free-standing, commercial parking lots in RC. This off-site parking shall not be used to satisfy the parking requirements of § 704 unless otherwise authorized by the zoning ordinance or the property owner of the parking area grants a deed restriction naming Horry County as a party to ensure that the off-site parking is not later eliminated without prior approval of Horry County.

1.

The patio home development must be under the same ownership as the adjacent lot at the time of initial construction, or the owner of adjacent properties must record an agreement or deed restriction, in writing, consenting to the development of zero setback. The maintenance and drainage easement required below must be provided as part of this agreement and deed restriction.

2.

The dwelling unit shall be placed on one interior side property line with a zero setback, and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet. Patios, garden features, and other similar elements shall be allowed within the ten (10) foot setback area; provided, however, no structure shall be placed within maintenance easements required in 3 below. The dwelling unit shall meet the minimum building separation required by the district.

3.

A perpetual five (5) foot maintenance easement shall be provided on the lot adjacent to the zero lot line property line. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The easement shall be kept clear of structures or any other improvement which would infringe on the use of the easement, with the exception of freestanding walls and fences. The roof shall be so designed that water runoff from the dwelling placed on the lot line is controlled by gutters or other approved methods.

A.

Applicability. Private residential subdivision airparks shall be allowed to contain hangars as subordinate uses on fee simple or in-common lots, subject to the following conditions.

B.

Conditions.

1.

Separation from residential—All proposed hangars shall be located a minimum of forty (40) feet from any residentially used or zoned lot outside of the residential airpark. The distance shall be measured from the proposed hangar to the residential zoning line or residentially used lot line.

2.

Minimum lot area: Five thousand (5,000) square feet, with a minimum lot width of fifty (50) feet.

3.

Minimum separation of structures shall be twenty (20) feet.

4.

Setbacks shall be:

Front: Thirty (30) feet

Sides: Ten (10) feet

Rear: Twenty (20) feet

Exterior setback: Forty (40) feet

5.

No commercial uses shall be associated with hangars.

6.

Hangars may not be converted for residential use. Should the hangar lot be combined with a residential lot, or enlarged for residential development in the future, the minimum residential lot size shall be met for the district.

1.

Temporary stands, shelters or vehicles must obtain a Certificate of Zoning Compliance annually;

2.

In AG1, RE & SF/MSF 40 produce stands are limited to only produce grown on-site.

3.

Off-site stands or shelters that remain on the property where the zoning district permits it and are not disassembled after the produce/shrimp season, must meet the setbacks of the zoning district in which they are located;

4.

A minimum of four (4) parking spaces must be provided and suitably maintained;

5.

The size of such stands or shelters shall not exceed three hundred (300) square feet;

6.

Mobile produce sales may not be located within two thousand (2,000) feet of a permanent business specifically owned or leased for the purpose of selling seafood or produce;

7.

Stands, shelter or vehicles and/or operated on properties where the owner of said properties are growing seasonal produce are not required to obtain a Certificate of Zoning Compliance provided that sections 2, 3, 4, and 5. above are met; and

8.

Signage for produce stands shall be allowed the following signage:

a)

Temporary stands, shelters or vehicles shall be allowed no more than one (1) temporary ground sign on-site and be no larger than forty (40) square feet.

b)

All signage must be set back ten (10) feet from the paved portion of the road and out of the highway right-of-way.

c)

Temporary signs shall be permitted off-site provided;

i.

Only two (2) signs in one (1) road direction from the stand site shall be allowed or one (1) sign per road direction;

ii.

The sign(s) are no larger than twenty-five (25) square feet;

iii.

The signs(s) are placed no further than two thousand (2,000) linear feet from the stand site;

iv.

The sign(s) are not placed in the highway right-of-way; and

v.

Not placed on utility poles, trees, fences, other state authorized signs, rocks or natural appurtenances.

d)

Reserved.

e)

All signage associated with existing produce stands shall come into compliance within ninety (90) days of the adoption of this Ordinance.

1.

Such use is located on a site of at least one (1) acre;

2.

Such use includes no crematorium or dwelling unit for a caretaker;

3.

The location of all plots or structures within the cemetery meet the setback requirements for the district in which they are located.

Accessory dwelling units, within an existing principal dwelling or in a separate structure, shall be a conditional use in all zoning districts where a principal single-family detached dwelling unit is permitted provided:

A.

Conditions which apply to all.

1.

No more than one (1) accessory dwelling unit per parcel.

2.

The principal dwelling unit is occupied by the owner of the property.

3.

The accessory dwelling unit shall be in conformance with the definition of a single family dwelling unit or single manufacture home.

B.

Attached accessory dwelling units.

1.

The minimum lot area shall be the same as that of the zoning district.

2.

The accessory dwelling unit may have a separate entrance.

3.

The construction of the accessory dwelling unit shall not alter the appearance or character of the structure, i.e. cannot create a duplex.

4.

An accessory dwelling unit, within a principal dwelling, does not require an interior entrance but, it must share a common wall with the principal dwelling.

C.

Detached accessory dwelling units.

1.

The minimum lot area shall be equal to two (2) times that normally required for the zoning district where the accessory dwelling unit is proposed.

2.

Minimum separation shall be no less than twenty (20) feet from the principal dwelling.

1.

All massage therapists shall be licensed by the State of South Carolina; and

2.

Services offered and advertised shall not include any type of bathing services performed by an employee or agent of the establishment; and

3.

Hours of operation are limited to 8:00 a.m. until 10:00 p.m.

A.

It is the purpose of this section to:

1.

Recognize the home as a viable location for certain types of occupations;

2.

To ensure the compatibility of home occupation with the principal residential uses in order to protect the integrity and character of neighborhoods;

3.

Minimize noise, traffic nuisances, hazardous material usage, and other possible impact to residential areas.

4.

Prohibit certain types of businesses that would be incompatible with residential uses.

5.

Prohibit certain types of businesses that would ordinarily be a use (permitted or conditional) in a commercial or industrial zoning district.

B.

The following conditions apply to all home occupations:

1.

The home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes.

2.

The home occupation does not change the character of the residential dwelling when conducted within the dwelling.

3.

The owner/operator of the home occupation must either own the property and/or building in which the home occupation is operated or have notarized permission from the property owner.

4.

All parking and maneuvering areas required to support the home occupation shall be located on site to the residence.

5.

No home occupation shall create excessive noise, dust vibrations, smells, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in the district on residentially used zoning lots where no home occupation exists.

6.

One (1) home occupation sign, provided it is nonilluminated and no larger than two (2) square feet in area and it is mounted against a wall of the principal structure unless otherwise prohibited by deed restrictions.

7.

Any home occupation lawfully permitted prior to the adoption of this ordinance will be considered "legal non-conforming." Any legal non-conforming home occupation that ceases to exist for a period of twelve (12) months after the business license expires shall lose its non-conforming status.

C.

The following are prohibited home occupation uses:

Ambulance Service

Taxi Service

Limousine Service

Trucking Companies

Retail Sales On-site

Trade Shop Uses

Auto Repair Services

Kennels

Welding Service

Medical, Dental, Chiropractic or Veterinary Offices/Clinics

Health Salons, Gyms, Dance Studios, Aerobic Exercise Studios

Restaurants or Taverns

Firearms (Those occupations that entail the manufacturing, sale, lease or rental of firearms/and or ammunition)

Escort Services

Adult Oriented Businesses (examples: private modeling, uncertified massage services)

Drug/Alcohol Counseling Services

Tattoo & Body Piercing

Swimming Pool Companies.

D.

Home occupations—One acre or less. Home occupations on one (1) acre or less shall be permitted as an accessory use to a residential dwelling in any zoning district excluding AG1, AG2, FA, LFA and CFA provided that all the following conditions are met:

1.

The home occupation is conducted entirely within a residential dwelling and/or a fully enclosed attached or detached structure on the same property.

2.

No more than thirty-five (35) percent of the floor space of the residential dwelling shall be used for the home occupation and no more than one thousand (1,000) square feet of a detached structure may be used for a permitted home occupation. The home occupation can be located in either the home or detached structure or both.

3.

No more than two (2) home occupations per residence will be permitted and no more than two (2) non-residents per business may be employed in the home or detached structure.

4.

No more than two (2) service vehicles per acre will be permitted.

5.

No outside storage of equipment, supplies, or over-stock shall be permitted with any home occupation.

6.

Bulk deliveries to a home occupation shall be limited to one (1) per day.

E.

Home occupations—More than an acre (including multi-family tracts). Home occupations on more than one (1) acre shall be permitted as an accessory use to a residential dwelling in any zoning district excluding AG1, AG2, FA, LFA and CFA provided that all the following conditions are met:

1.

The home occupation is conducted entirely within a residential dwelling and/or a fully enclosed attached or detached structure on the same property.

2.

No more than thirty-five (35) percent of the floor space of the residential dwelling shall be used for the home occupation and no more than one thousand (1,000) square feet of a detached structure may be used for a permitted home occupation. The home occupation can be located in either the home or detached structure or both.

3.

No more than two (2) home occupations per residence will be permitted and no more than two (2) non-residents per business may be employed in the home or detached structure.

4.

No more than two (2) service vehicles per acre will be permitted.

5.

Outside storage of equipment, supplies, or over-stock must be screened with no less than a six (6) feet high and no more than an eight (8) foot high privacy fence or suitable vegetation. No storage may exceed the height of the screening.

6.

Bulk deliveries to a home occupation shall be limited to one (1) per day.

F.

Home occupations—Less than one and one-half acre tracts. Home occupations on less than one and one-half (1½) acre tracts shall be permitted as an accessory use to a residential dwelling in any AG1, AG2, FA, LFA and CFA zoning district.

1.

The home occupation is conducted entirely within a residential dwelling and/or a fully enclosed structure or detached unenclosed structure for storage of products (such as pine straw, plants, etc.) and machinery on the same property.

2.

No more than thirty-five (35) percent of the floor space of the residential dwelling shall be used for the home occupation and no more than one thousand five hundred (1,500) square feet of a detached structure may be used for a permitted home occupation. The home occupation can be located in either the home or a detached structure or both.

3.

No more than three (3) home occupation per residence will be permitted and no more than two (2) non-residents per business may be employed in the home or detached structure. Does not apply to off-site employees.

4.

No more than three (3) service vehicles per residence will be permitted.

5.

Outside storage of equipment, supplies, or over-stock must be screened with no less than six (6) feet high and no more than an eight (8) feet high privacy fence and or planted or existing suitable vegetation. No storage may exceed the height of the screening. No storage shall be forward of the principle residence.

6.

These prohibited uses are allowed provided the applicant meets the exceptions:

a)

Trucking companies—Exceptions. Companies with no more than three (3) service vehicles parked in the side or rear yard and not forward of the house and screened with no less than an eight (8) feet high privacy fence or natural vegetation.

b)

Auto/body repair services—Exception. All work is done off site and no storage of automobiles is allowed on-site.

G.

Home occupations—One and one-half acres and above. Home occupations on one and one-half (1½) acres and above shall be permitted as an accessory use to a residential dwelling in any AG1, AG2, FA, LFA and CFA zoning district.

1.

The home occupation is conducted entirely within a residential dwelling and/or a structure or detached unenclosed structure for storage of products (such as pine straw, plants, etc.) and machinery on the same property.

2.

No more than thirty-five (35) percent of the floor space of the residential dwelling shall be used for the home occupation and no more than three thousand five hundred (3,500) square feet of a detached structure may be used for a permitted home occupation. The home occupation can be located in either the home or a detached structure or both.

3.

No more than three (3) home occupations per residence will be permitted and no more than two (2) non-residents per business may be employed in the home or detached structure. Does not apply to off-site employees.

4.

No more than five (5) service vehicles per residence will be permitted.

5.

No storage shall be forward of the principle residence.

6.

These prohibited uses are allowed provided the applicant meets the exceptions:

a)

Heavy equipment operations. Allowed on parcels five (5) acres or more.

b)

Taxi service. Allowed on parcels five (5) acres or more.

c)

Limousine service. Allowed on parcels five (5) acres or more.

d)

Trucking companies—Exceptions. If less than 5 acres, companies with no more than five (5) service vehicles parked in the side or rear yard and not forward of the house with no less than an eight (8) feet high privacy fence or natural vegetation. Allowed with no privacy fence on parcels five (5) acres or more.

e)

Welding fabrication shops—Exception. Small welding operations for equipment or vehicle repair is allowed.

f)

Industrial/commercial trade shops—Exception. Off-site service related trades and on-site artisan or craftsman shops such as cabinet maker, furniture repair or hobby shops that do not mass produce or manufacture such product.

g)

Auto/body repair services—Exception. All work is done off site and no storage of automobiles is allowed on-site.

A.

Any district which allows a single family residential structure and a commercial business, is permitted to have both on the same parcel of land provided that:

1.

The parcel meets the combined minimum lot size of each use.

2.

There is no more than one (1) single family home and one (1) commercial business.

Shall be limited to five (5) machines per parcel unless you meet the following spacing requirements:

1.

One thousand (1,000) feet from a residentially zoned district or residential structure.

2.

Five hundred (500) feet from a church, cemetery, place of worship, daycare center, public or private elementary or secondary education school.

3.

One thousand (1,000) feet from another game machine establishment.

4.

Measurements of distance separations shall be in a straight line from the closest points of the building(s) [in] which the gaming machines are located.

A.

Outdoor activities and games such as volleyball, athletic training, corn hole, shuffle board, and live or recorded music, subject to the following:

1.

The use is accessory to a principal use.

2.

The use shall not displace any required parking, buffer or landscaping,

3.

The use must be located at least 500 feet from a residentially used or zoned property.

B.

Outdoor batting cages and paint ball facilities as principal or accessory uses subject to the following:

The use must be located at least 500 feet from a residentially used or zoned property.

Home must be a modular single family dwelling unit.

Carts must be electrically powered in specified districts.

Such uses shall be limited to one (1) structure, not to exceed four thousand five hundred (4,500) square feet in gross floor space.

All recycling must be contained entirely within a fully enclosed structure.

1.

Such use shall not produce noise, vibration, smoke, gas, fumes, odor, dust, fire hazards, dangerous radiation or any other conditions which constitute a nuisance beyond the premises.

2.

All uses and work shall be conducted entirely within a fully enclosed structure.

A.

CC zoning district. Excludes Drive-ins.

B.

RE1 zoning district. Shall not operate between hours of 11pm to 6am.

A.

AG1, AG2, FA & CFA zoning districts.

1.

The property includes land under cultivation.

2.

No distribution is allowed

B.

RE3 & HC zoning districts. No distribution is allowed

A.

AG1, AG2, FA & CFA zoning districts.

1.

The property includes land under cultivation.

2.

The parcel is no less than five (5) acres in size.

A.

OPI zoning district. Must be located in a licensed health care establishment engaged in the science of preventing, curing and alleviating human disease, including medical offices and clinics, but excluding health clubs, gymnasiums and associated uses.

A.

AG2 zoning district. The parcel is no less than five (5) acres in size.

A.

AC zoning district. Such use is allowed provided it meets the Destination Park Requirements of § 208.

A.

Intent. This section provides standards relative to the construction and location of transmission towers necessary to support the needs of the wireless communication industry within Horry County.

This section is further established to:

1.

Provide for the appropriate location and development of wireless communication towers to serve the residents and businesses of Horry County;

2.

Minimize adverse visual effects of communication towers through careful design, siting and vegetative screening;

3.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and

4.

Maximize use of any new or existing communication towers by encouraging co-location of multiple communication facilities to a single tower or tower site.

B.

Applicability. The standards established herein shall apply to any freestanding telecommunication tower and associated equipment not excluded in subsection C, below. All new towers are required to obtain a Telecommunications Tower Permit from Horry County Council.

C.

Exclusions.

1.

Concealed monopoles are exempt from the standards established herein provided; however, they must meet the applicable design requirements established elsewhere in the zoning ordinance and do not exceed one hundred twenty (120) feet in height. Concealed monopoles are allowed in all zoning districts.

2.

Stealth towers are exempt from the standards established herein provided; however, they must meet the applicable design requirements established elsewhere in the zoning ordinance. Stealth towers are allowed in all zoning districts.

3.

Any tower and antenna under one hundred (100) feet in total height which is owned and operated by an amateur radio operator licensed by the federal communications commission;

4.

Any device designed for over-the-air reception of television broadcast signals, multi-channel multi-point distribution service or direct broadcast satellite service;

5.

Any telecommunications facilities located on property owned, leased or otherwise controlled by Horry County provided a license or lease authorizing the telecommunications facility has been approved by the governing body.

D.

Temporary locations. Cells on Wheels (COW) temporary mobile communication sites are only permitted in the case of equipment failure, equipment testing, equipment maintenance and/or replacement, or in the case of emergency situations. Placement of temporary equipment shall be limited to ninety (90) days unless extended in writing by the Zoning Administrator. COWs are allowed during events in which Special Event permits have been issued and shall be limited to thirty (30) days.

E.

Prohibited. Advertising messages or sign shall not be affixed to any tower.

F.

Permitted locations. Freestanding telecommunication towers and associated equipment may receive a conditional use permit in the CFA, FA, LFA, AG1, AG2, AG3, OPI, PR1, PR2, RC, CC, NC, HC, LI, HI, PA1, MA1, MA2, RE3, RE4, CR, TRS, EIO and RCS zoning districts as a principal or accessory use subject to the standards established herein.

Except for the exclusions listed above, no new freestanding telecommunication tower shall be permitted unless the applicant demonstrates that no existing telecommunication facility can accommodate the applicant's proposed use; or that use of such existing facilities would prohibit the applicant from providing personal wireless services in the geographic search area to be served by the proposed antenna support structure.

Requests to locate a new telecommunication tower shall be subject to the following co-location radius:

a)

No new proposed standard monopole shall be located within one and one-half (1½) miles of an existing telecommunication tower without a co-location waiver,

b)

No new proposed freestanding tower other than a standard monopole shall be located within two and one-half (2½) miles of an existing telecommunication tower without a co-location waiver.

G.

Application required. All new Freestanding Telecommunication Towers are required to submit a Conditional Use application and fee, unless exempted by subsection C, above.

H.

Application requirements. A conditional use application and the supplemental information listed below shall be submitted prior to the issuance of a building permit for a telecommunication tower.

1.

Antenna Owner(s). Identification of the owner(s) of all antennas and equipment to be located on the site;

2.

Engineer's Certification. The applicant shall provide certification from a licensed engineer, registered in the State of South Carolina, or other professional knowledgeable in telecommunications equipment, as shown by employment history, that the proposed facility will contain only equipment meeting the Federal Communication Commission rules and regulations;

3.

Copy of all pertinent licensing and/or certification required by federal or state licensing authorities, which are required for said operators to said tower or facility.

4.

Location Map. A current County map showing the locations of the applicant's antennas, facilities, exiting communication towers, proposed communication tower and any existing communication towers within two and one-half (2½) miles of the proposed location (measured from the base of the tower);

5.

A site plan, at a scale no less than one (1) inch = one hundred (100) feet, that illustrates the following:

a)

A boundary survey of the proposed tower location site. (The site of the tower shall meet all survey requirements of the Horry County Land Development Regulations (Chapter 18 of the County Code} for Final Plats);

b)

The location of all associated features to support the tower site such as equipment/switching cabinets, fencing, and parking;

c)

The location of all support structures. The location of such features shall be entirely on the proposed tower site;

d)

The location of any existing structure within fifty (50) feet of the proposed tower site or those that may be within the fall zone of the proposed tower;

e)

Identification of the setbacks/fall zone for the tower;

f)

Elevation drawings and/or photographs of proposed tower which illustrate the type and size of the equipment that the tower will support;

g)

Screening and Landscaping;

h)

Specifications. One (1) copy of specifications for proposed structures and antennas, including description of design characteristics and materials; and

i)

Visual Impact Analysis. A line of site analysis showing the potential visual and aesthetic impacts on adjacent residential districts.

I.

Use discontinuance and tower removal. If a telecommunication tower fails to be utilized for its intended and permitted purpose for a period of six (6) months (except in the event of damage to the tower) the conditional use permit issued in association with such tower may be revoked. The property owner shall remove the tower within ninety (90) days of receiving written notice of the conditional use permit revocation. If the property owner fails to remove said tower within such period, the county shall contract for the removal of the tower and shall bill the property owner, tower owner/operator for such removal.

J.

Administration. Prior to the issuance of a Certificate of Zoning Compliance to construct a telecommunication tower the Zoning Administrator or designee shall review the application to ensure its completeness.

K.

Appeal. Any person aggrieved by a decision of the Zoning Administrator may appeal such decision to the Board of Zoning Appeals. Appeals shall be submitted within thirty (30) days of the decision being rendered upon the telecommunication tower application.

L.

Specific design requirements. All telecommunication towers permitted for construction shall adhere to the following:

1.

Height. Freestanding telecommunication towers, including concealed monopoles and stealth towers, shall be exempt from the height restrictions contained elsewhere in the zoning ordinance.

a)

All new freestanding towers proposed to be located within five hundred (500) feet of a major residential subdivision or a residential zoned district (SF 40 thru SF 6) shall be limited to one hundred ninety-nine (199) feet or less in height. All other towers except those listed below shall be limited to three hundred fifty (350) feet in height.

b)

The following types of towers shall be exempt from the three hundred fifty-(350) foot height cap for however they are subject to all remaining requirements of the Horry County zoning ordinance regarding telecommunication towers.

i.

Antenna support structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission shall be regulated in accordance with federal and other applicable local regulations.

ii.

Any cable television headend or hub tower and antennae used solely for cable television services.

2.

Illumination. Towers shall be illuminated as required by the Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA). If allowed under FAA and other governmental regulations, alternatives to strobe lighting shall be used at night and lighting shall be shielded to ensure that lighting is focused toward the top of the tower;

3.

Color. Excluding stealth towers and unless otherwise required by the FCC or FAA, towers shall have galvanized finish or be painted with a silver or gray finish; All towers over one hundred fifty (150) feet in height shall have a thirty-six (36) inch minimum stripe of either reflective tape and/or paint centered on the one hundred fifty (150) foot mark of the tower.

4.

Signs.

a)

Commercial messages shall not be displayed on any non-stealth tower and/or antennae.

b)

The only signage that is permitted upon a non-concealed antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the parties responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable).

c)

Where signs are otherwise permitted, a stealth tower may be concealed inside such signage, provided that all applicable standards for both the signage and the concealed tower are met.

d)

If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the antenna support structure, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four (4) inches) the following:

HIGH VOLTAGE—DANGER

5.

Security. Freestanding communication towers and associated structures including ground anchors for guyed towers shall be secured by a fence or wall measuring at least eight (8) feet in height.

6.

Equipment compound.

a)

Shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). No outdoor storage yards shall be allowed in a WCF equipment compound.

b)

Shall not be used as habitable space.

c)

A site plan proposal shall be provided to demonstrate how potential colocation equipment cabinets will be accommodated within the compound.

7.

Setbacks/fall zone.

a)

Setbacks shall be equal to one (1) foot for every one (1) foot of tower height or one hundred (100) percent of the tower's fall zone, plus a safety factor of ten (10) percent; whichever is less. Fall zones shall be certified in the form of a letter from a licensed engineer that includes the engineer's original signature and seal.

b)

The fall zone shall not encroach onto structures on the same property or on to adjacent properties, unless the owner of the adjacent property or structure signs a waiver. The waiver shall be in a recordable waiver document and shall indemnify and hold the county harmless. In no case shall the fall zone encroach into a public right-of-way.

8.

Screening and landscaping.

a)

The tower facility shall be landscaped and maintained with a buffer of plant materials that effectively screens the view of all tower accessory structures, equipment and other improvements at ground level. The buffer shall consist of evergreens no less than twenty-four (24) inches in height at the time of planting and spaced two and one-half (2½) feet on center along the fenced enclosure. Such plants shall be capable of reaching a height of no less than five (5) feet within two (2) years of planting.

b)

In locations where the visual impact of the tower would be minimal, or where the requirements of this section are otherwise impracticable, the landscaping and screening requirements of this section may be reduced or waived by the Zoning Administrator. Existing mature vegetation and natural landforms on the site shall be preserved to the maximum extent possible, or replaced to present a natural, undisturbed appearance in keeping with the intent of this section. Examples of instances whereby the Zoning Administrator could waive the landscaping requirements are:

i.

If the tower facility is in a wooded area the applicant may choose to retain a natural vegetated buffer strip of undisturbed trees that is at least twenty-five (25) feet in depth, and at least six (6) feet in height, around the perimeter of the tower facility. The area should remain undisturbed in appearance, except where minimally necessary to allow for an access drive.

ii.

If the tower facility is located in an area that is under cultivation during the growing season, the planting of additional screening vegetation is not required. The intent of this subsection is to allow for the maximum use of productive farmland. In this instance it will be suitable to screen the fenced enclosure with green/brown fabric wrap.

M.

Co-location on existing telecommunication towers. To reduce the need for additional tower sites throughout Horry County, telecommunication providers shall design all new towers to accommodate additional telecommunication facilities. All new freestanding towers shall be designed to accommodate no fewer than four (4) providers' antennas or other telecommunication facilities. This provision does not apply to excluded telecommunication facilities, provided for in subsection C.

Initial tower construction shall accommodate (4) four provider's antennas or other telecommunication facilities. If necessary, the tower shall be reinforced to accommodate the remaining providers' antennas or other telecommunication facilities when demand for such additional facilities is warranted.

1.

Furthermore, co-location shall be required when a telecommunication provider's proposed tower is within the co-location radius requirements of subsection F. This requirement may be waived if the applicant has received a Telecommunications Tower Permit.

2.

Co-location shall be permitted by obtaining a building permit in any zoning district provided the proposed addition of telecommunication equipment does not result in any of the following:

a)

Increase the overall height of the existing tower;

b)

Reduce landscaping/buffering surrounding the fenced enclosure; or

c)

Reduce the structural integrity of the existing tower. Verification of tower integrity shall be provided by an engineer registered in the State of South Carolina prior to the issuance of a building permit.

3.

Co-locations that result in changing any of the aforementioned will require the submittal of a conditional use application consistent with the standards established herein.

N.

Building and/or structure mounted telecommunication facilities. Building mounted telecommunication facilities on existing structures may be permitted in the AG1, AG2, AG3, CC, GR, GR'n', HC, HI, LI, NC, OPI, RC, RCS, RR, TRS, RE3, RE4, LFA, FA, CFA, PR1, PR2, PA1, MA1, MA2, CR, and EIO zoning districts as an accessory use provided that:

1.

Height. The height of the tower or antenna, including support structures, when mounted on top of structures shall not extend more than twenty (20) feet above the principal structure to which it is attached. If the principal structure is non-conforming a variance to exceed the allowed height may be granted by the board of zoning appeals. Board of zoning appeals procedures are enumerated in Article XI of these regulations.

2.

Setbacks.

a)

An attached telecommunications facility and its equipment compound shall be subject to the setbacks of the underlying zoning district. When an attached facility is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.

b)

Towers or antennas mounted on the side of structures may not extend more than three (3) feet from the facade of the building, encroach into the required setbacks, be more than eight (8) feet in height, and one (1) foot in depth.

3.

Visibility.

a)

If antennas are installed on a structure other than a tower then the antenna and associated electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof mounted antennas shall be made visually unobtrusive by screening or painting to match existing air conditioning units, stairs, elevator towers or other background.

b)

Equipment cabinets shall not be visible when standing ten (10) feet from the base of the building.

c)

Towers or antennas shall not alter or change the intent of the structure or building design. Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

4.

No commercial advertising shall be allowed on any building-mounted towers or antennas.

5.

The number and location of towers, antennas or other receiving or transmitting devices located on a single structure and does not adversely affect adjacent properties.

6.

All towers or antennas are designed to meet current building standards and wind load requirements.