The following articles and sections are adopted pursuant to the statutory authority conferred by Title 6, Chapter 29 of the Code of Laws of South Carolina, as amended.

This chapter shall be known as the "Zoning Ordinance of the Town of Surfside Beach, South Carolina," and the map referred to in this chapter, which is identified by the title, "Zoning Map of the Town of Surfside Beach South Carolina," dated March 1, 1988, as amended, and all explanatory matter thereon are hereby adopted and made a part of this chapter.

This chapter shall take effect and be in force from and after the date of its adoption by the town council.

The zoning regulations and districts as set forth in this chapter have been made in accordance with the comprehensive plan for the purpose of promoting the public health, safety, morals, convenience, order, appearance, prosperity, and the general welfare of the community. They have been designed to provide for adequate light, air, and open space; to prevent the overcrowding of land, to avoid the undue concentration of population, and to lessen congestion in the streets; to facilitate the creation of a convenient, attractive, and harmonious community; to protect and preserve scenic, historic, or ecologically sensitive areas; to regulate the density and distribution of populations and uses of buildings, structures, and land for trade, residence, recreation, conservation, water supply, sanitation, protection against floods, public activities, and other purposes; to facilitate the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks, and other recreational facilities, affordable housing, disaster evacuation, and other public services and requirements; to secure safety from fire, flood, and other dangers; and to further the public welfare in any other regard specified by the town council. They have been made with reasonable consideration, among other things, as to the character of each district and its particular suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the town.

Whenever the regulations of this chapter require a greater width or size yard, or require a greater percentage of a lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statutes, the requirements of this chapter shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this chapter, the provisions of such statute shall govern.

The various articles, sections, subsections, provisions, paragraphs, and clauses of this chapter are severable and in the event that any article, section, subsection, provision, paragraph, or clause is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall remain in full force and effect.

Unless otherwise stated, the following words shall, for the purpose of this chapter, have the meanings indicated in this section. Words used in the present tense include the future. The singular number includes the plural and the plural the singular. The word "shall" is mandatory and the word "may" is permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, and designed to be used or occupied." The word 'lot' includes the words plot, parcel, or property. Words or phrases not specifically defined herein shall have their customary dictionary meanings.

Accessory structure shall mean a subordinate structure, the use of which is incidental to and customary in connection with the principal building or use, and which is located on the same lot with such principal building or use.

Accessory use shall mean a subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

Alley shall mean a public or private way at the rear or side of property, permanently serving as a means of providing secondary or service vehicular access to abutting property, less in size than a street, and which is not designed for general vehicular traffic.

Amusement arcade shall mean any portion of a building used for entertainment through the use of coin-operated video games, games of skill, or similar amusement devices as licensed pursuant to S.C. Code 1976, § 12-21-2720(a).

Automobile service station shall mean any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories, or for servicing, installing, or repairing of bodies, or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.

Bedroom shall mean any room in a dwelling unit that is oriented as having the characteristics of a sleeping room. Any room which by size or location will accommodate permanent or temporary sleeping equipment, such as but not limited to: standard mattress/box spring beds, pull down (Murphy) beds, futons, sleeper sofas, waterbeds, inflatable mattresses and day beds, shall be considered a bedroom for the purpose of administering and enforcing this chapter. Rooms designated kitchen, bathroom, dining room, or living room/great room shall be excluded provided they include the customary attributes of so named rooms and are placed in the floor plan in the customary arrangement for such a room. For the purposes of counting bedrooms, only one (1) living room/great room, dining room, and kitchen designation is permitted per dwelling unit.

Board of zoning appeals ['the board'] shall mean the Town of Surfside Beach Board of Zoning Appeals, as created by this chapter pursuant to S.C. Code § 6-29-780 et seq.

Boarding house shall mean a building designed as a single-family dwelling where, for compensation, up to six (6) guest rooms are provided for lodging for definite periods of time. Meals may or may not be provided; however, no meals are provided to outside guests. Boarding houses included uses commonly referred to as lodging houses, rooming houses, and beds and breakfasts. This term does not include motels, hotels, or multifamily dwellings.

Body piercing shall mean any method of piercing of the human skin of one (1) person by another person with the intention of inserting any object including but not limited to jewelry. For the purposes of this chapter the term body piercing shall also include any process of marking or disfiguring the skin or other tissue of any person by branding or scarification but shall not include the piercing of the fatty lobe of the ear by an ear-piercing gun designed solely for that purpose, or physician-authorized surgical procedures. This definition of body piercing includes that process commonly referred to as implantation.

Branding shall mean the act of intentionally marking or disfiguring a human body by burning it through the use of a hot object or by the use of any substance or process which results in such marking or disfiguring.

Buffer strip shall mean a suitable planting, screen, fence or wall at least six (6) feet in height above finished grade.

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

Building shall mean any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. The connection of two (2) buildings by means of an open porch, breezeway, carport or other such open structure, with or without a roof, shall not be deemed to make them one (1) building.

Building height shall mean the highest vertical distance measured from the lowest finished grade at ground level, within one (1) foot of the structure footprint to the highest point of the roof.

Building line shall mean that line which represents the distance a building or structure must be set back from a lot boundary or a street right-of-way line according to the terms of this chapter.

Building official shall mean the person(s) designated by the town who, by virtue of certification by the State of South Carolina, is authorized to administer and enforce the building code.

Certificate of occupancy shall mean a document issued by the building official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with the building code.

Certificate of zoning compliance shall mean a document issued by the code enforcement official certifying that the use, alteration, or maintenance of a building or lot conforms or will conform, subject to the conditions imposed by the certificate, to the requirements of this chapter.

Clinic shall mean an establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine.

Code enforcement official shall mean the person(s) appointed by the town council to administer and enforce the provisions of this chapter. The code enforcement official may also, when appropriately certified and designated by the town, perform the duties of the building official as defined in this section.

Commercial flea market shall mean a flea market, swap shop, or similar activity by whatever name, or those which involve the setting up of two (2) or more booths, tables, platforms, racks, or similar display area for the purpose of selling or buying merchandise, goods, material, products, or other items offered for sale outside an enclosed building. A flea market shall not be intended to include a garage sale, bake sale, fruit or produce stands, booths in an enclosed building, or art festival or any similar activities or sales done by a civic group or by nonprofit organizations.

Communication tower shall mean a tower of any size which supports communication equipment, transmission or reception, and is utilized by commercial, governmental, or other public or quasi-public users. This does not include communications towers for amateur radio operators licensed by the Federal Communications Commission which are exempt from municipal zoning restrictions, but does include radio and television towers. Communication towers are considered a principal use, however towers located on existing structures shall be considered an accessory use.

Conditional use shall mean a use of land or structure that is permitted in a district subject to the conditions, restrictions, or limitations on the use as specified by this chapter.

Condominium shall mean a multifamily building and land, certain parts of which are held in common ownership such as yards, foundations, basements, floors, walls, hallways, stairways, elevators, and other related common elements, together with individual ownership in fee of a particular dwelling unit within such building.

Day care center shall mean any place operated by a person, society, agency, corporation, institution or other group which provides care, supervision, or guidance for pay for seven (7) or more children not related by blood, marriage, or adoption to the owner of such facility.

Derelict vehicle shall mean any vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power left on private property for more than ten (10) days.

Drive-in restaurant shall mean an eating establishment dispensing food or drink where customers order from a menu board or window and pick up food or drink by a pass-out window. A drive-in restaurant may or may not provide seating capacity for its customers.

Dwelling shall mean a building designed or used as the permanent living quarters for one (1) or more families. Unless explicitly provided and applicable to a provision within this chapter, the term dwelling and the subcategories provided below do not include manufactured or mobile homes.

(1)

Dwelling, single-family (detached) shall mean a building for or occupied exclusively by one (1) family.

(2)

Dwelling, single-family (semi-attached) shall mean a building containing two (2) attached dwelling units that share a common wall at the lot line and that are on separate lots.

(3)

Dwelling, single-family (attached) shall mean a series of three (3) or more attached one-family dwelling units on separate lots which may or may not have a common roof but share a common vertical exterior wall. These dwellings have private entrances (usually both front and rear). This dwelling arrangement may also be referred to as townhouses or row-houses.

(4)

Dwelling, two-family shall mean a building on a single lot designed for or occupied exclusively by two (2) families. This dwelling arrangement may also be referred to as a duplex.

(5)

Dwelling, multifamily shall mean a building on a single lot designed for or occupied exclusively by three (3) or more families.

(6)

Dwelling group means any combination of two or more single-family, two-family, or multifamily dwellings occupying a single lot. This definition does not include accessory dwelling units, such as a garage apartment or guest house.

(7)

Dwelling unit shall mean a building, or portion thereof, providing complete and permanent living facilities for one (1) family.

(8)

Dwelling, accessory unit shall mean a dwelling unit, not exceeding eight hundred fifty (850) square feet in floor area, that has been added to or created within a single-family (detached) structure or is located on a lot containing a single-family (detached) structure. This definition includes garage apartments and guest houses.

(9)

Efficiency shall mean a dwelling unit of not more than one (1) room in addition to a kitchen and bath.

(10)

Dwelling, upper story means a dwelling unit located on the second floor or higher of a building with non-residential uses located on the street level.

Family shall mean one (1) or more persons occupying a premises and living together as a single housekeeping unit.

Floor area shall mean the square feet of floor space within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. It does not include porches, unheated garages, or space in a basement or cellar when the basement or cellar space is used for storage or incidental uses.

Floor area ratio (FAR) shall mean the total heated living space (heated floor area) of a building(s) on a lot divided by the total area of contiguous land of such lot (see illustration). (Example: A building with three thousand two hundred (3,200) square feet of heated floor area located on a lot that is eight thousand (8,000) square feet in area would have a floor area ratio of .4)

Footcandle shall mean the measure of light falling on a surface. One (1) footcandle is equal to the amount of light generated by one (1) candle shining on a one (1) square foot surface located one (1) foot away. Footcandle measurements shall be made with a photometric light meter and with a specified horizontal orientation.

Garage, private shall mean a detached accessory building or portion of a main building housing the automobiles of the occupants of the premises.

Garage, repair shall mean a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop, nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.

Garden center: A retail business which may include a greenhouse and/or nursery for the rasing, care, storing, transporting, and sales of plants.

Home occupation: Home occupation shall mean any occupation within a dwelling that meets the following conditions:

1.

Such occupation is conducted by no other persons than individuals living in a residential dwelling as defined in the International Residential Code.

2.

Such occupation is conducted inside the dwelling, is clearly incidental and secondary to the use of the structure for dwelling purposes, and does not detract from the residential character of the immediate area.

3.

No stock in trade is kept or commodities sold or leased on the premises.

4.

No mechanical equipment is used except such that is normally used for family, domestic, or household purposes.

5.

Such occupation(s) utilize no more than twenty-five (25) percent of the total floor area of the principal building.

6.

Such occupation creates no offensive noise, vibrations, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

7.

Such occupation shall comply with section 17-623(a) signage in residential districts.

8.

Musical instruction is limited to a maximum of two (2) pupils at a time.

9.

Child care is limited to a maximum of six (6) children, including the occupants' children.

10.

Under no circumstances shall any of the following be considered a home occupation: adult-oriented businesses, aerobic exercise studio, ambulance service, auto repair service, barber shop, beauty parlor, cosmetology, nail salon, body piercing establishment, child care center, chiropractor, dentist, doctor, drug/alcohol counseling services, escort services, firearms manufacturing, group day care home, gym, health salon, kennel, mortuary, musical or dancing instruction involving more than two (2) pupils at one (1) time, nightclub, nursing home, psychiatrist or psychologist office, restaurant, substance abuse clinics, swimming pool companies, tattoo parlor, trucking company, welding service, wig styling clinic, veterinarian's clinic.

Impervious coverage (percentage) shall mean all nonvertical land within a lot containing impervious surfaces, expressed as a percentage of the lot's area.

Impervious surface shall mean a land surface, which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. This term includes, but is not limited to, most conventionally surfaced streets, roofs, sidewalks, driveways, and parking lots.

Hotel shall mean a building or buildings in which lodging, with or without meals, is provided and offered to the public for compensation, which is open to permanent or transient guests. The word "hotel" includes the terms "motel" and "tourist court."

Junk shall mean old or scrap metal, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles or parts thereof.

Junkyards and salvage yards shall mean the use of premises for open storage of old and dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap building material, scrap contractor's equipment, tanks, cases, cans, barrels, boxes, drams, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds or bedding, household and commercial appliances, or any other kind of scrap or waste material.

Loading space, off-street shall mean space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Lot area shall mean the total area included within the boundaries of the lot, measured in the horizontal plane.

Lot, corner shall mean any lot having at least two (2) contiguous sides abutting one (1) or more streets, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five (135) degrees.

Lot, double frontage (through lot) shall mean a lot that fronts upon two (2) parallel streets or that fronts upon two (2) or more streets that do not intersect at the boundaries of the lot. A corner lot shall not be considered as having double frontage unless it has frontage on three (3) or more streets.

Lot frontage shall mean the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abut a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.

Lot, interior shall mean a lot, other than a corner lot, that fronts on only one (1) street.

Lot line shall mean a line of record bounding a lot which divides one (1) lot from another lot or from a public or private street or any other public space.

Lot of record shall mean a lot, the boundaries of which are filed as a legal record.

Lot width shall mean the horizontal distance between side lot lines measured at the required front yard setback.

Manufactured home shall mean a single-family dwelling, manufactured after June 15, 1976, bearing certification of compliance with the Federal Manufactured Housing Construction and Safety Standards Act (254 CFR 3280) HUD Code.

Manufactured home park shall mean a tract of land consisting of five (5) or more acres on which two (2) or more manufactured homes are located or intended to be located.

Manufactured home subdivision shall mean a subdivision designed and intended for residential uses, where residence is exclusively in manufactured homes.

Mezzanine shall mean one (1) or more intermediate levels between the floor and ceiling of any story with a total of all mezzanines not exceeding one-third (⅓) that of the room or space in which they are located.

Mobile home shall mean a single-family dwelling that is wholly, or in part, fabricated in an off-site manufacturing facility for installation or assembly at the building site, designed as a permanent residence, and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of June 15, 1976.

Modular building shall mean any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site in accordance with applicable codes, and transported to the point of use for installation or erection. When meeting the requirements of the South Carolina Modular Buildings Construction Act, a modular building shall be considered equivalent to a site built structure for the purposes of this chapter.

Modular home shall mean a modular building designed for single-family occupancy that is certified by the South Carolina Building Council as conforming to the South Carolina Modular Buildings Construction Act's requirements for the placement of modular homes. A mobile home, house trailer, or manufactured home is not a modular home.

Motor vehicle shall mean every description of carriage or other contrivance propelled or drawn by mechanical power and used for the purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

Nonconforming feature shall mean a characteristic of a building or property, such as illumination, parking, landscaping, performance standards, or certain requirements applicable to a conditional use or special exception, that lawfully existed prior to the enactment or amendment of this chapter, but which does not comply with the current requirements of this chapter.

Nonconforming lot shall mean a tract of land, designated on a duly recorded subdivision plat, or by duly recorded deed, or by other lawful means, that complied with the lot area, lot width, and frontage standards of the zoning district, if any, in which it was located at the time of its creation, but which does not comply with the minimum lot area, lot width, or frontage requirements of the zoning district in which it is now located.

Nonconforming structure shall mean a building or structure that was legally established but which no longer complies with the dimensional standards of the zoning district in which it is located.

Nonconforming use shall mean the use of land or a building or a portion thereof that was lawfully established but which no longer complies with the use regulations of the district in which it is located.

Nursing home shall mean a home for the aged or infirm, in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Open space/green space shall mean an area of outdoor, permeable ground, consisting of lawn, shrubs, trees, or other vegetation, and cover capable of absorbing runoff water.

Parks, neighborhood or community shall mean an area of land, open to the general public without fee, that is designed and arranged for the general recreational enjoyment of residents of a neighborhood or the community at large. This use may include playgrounds, picnic areas, walking trails, and similar passive uses as well as limited noncommercial active uses such as public basketball courts, tennis courts, and similar uses.

Permit, building shall mean an official document or certificate issued by the building official under the terms of the building code for any carpentry, masonry, roofing, or other construction or repair.

Permit, sign shall mean a type of zoning permit, issued pursuant to article VI of this chapter, acknowledging that the intended erection, construction, enlargement, movement, replacement, or conversion of a sign complies with the applicable regulations of this chapter.

Permit, zoning shall mean an official document or certificate issued by the code enforcement official that acknowledges that an intended activity or use complies with applicable regulations of this chapter.

Planned development district shall mean a zoning district established, under the terms of this chapter, to allow a development project comprised of housing of different types and densities and of compatible commercial uses, or shopping centers, office parks, and mixed use-use development. A planned development district is established by rezoning prior to development, as provided in articles II and III of this chapter, and is characterized by a unified site design for mixed development.

Planning commission ['the commission'] shall mean the body created by chapter 2 of this Code pursuant to S.C. Code § 6-29-310 et seq.

Principal building shall mean a building in which is conducted the main or principle use of the lot on which the building is located.

Principal use shall mean the primary or predominant use to which a property is or may be devoted.

Scarification shall mean the act of making one (1) or more incisions in the skin of any person with the intent of causing visible marks on the skin after the incisions heal.

Setback shall mean a required minimum distance from a lot line or street right-of-way that establishes an area within which a structure shall not be erected, extended, or projected over or upon, except as may be provided by this chapter.

Sign. The term "sign" shall mean and include every sign, billboard, poster panel, freestanding ground sign, roof sign, projecting sign, pylon sign, illuminated sign painted on a wall, window, marquee, awning, or canopy, and shall include any announcement, declaration, demonstration, display, ribbon, banner, illustration, or insignia used to advertise or promote the interests of any person, persons or corporate entity when the same is placed in view of the general public traveling along a public street or right-of-way.

Shopping center shall mean a commercial retail establishment or group of establishments, occupying fifty thousand (50,000) square feet or greater of combined floor area, constructed and maintained as a total entity, typically with onsite customer and employee parking.

Special exception shall mean a use of property that may be allowable in zoning district only after the review and approval of the board of zoning appeals, subject to the terms and conditions as set forth in this chapter and as may be determined by the board.

Story shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it, the space between such floor and the ceiling next above it. A story is defined as a floor used for human occupancy.

Street shall mean a vehicular way which may also serve in part as a way for pedestrian traffic, whether called a street, avenue, boulevard, highway, thoroughfare, parkway, road, lane, or otherwise designated, including the entire area within the right-of-way. Except as otherwise termed a "private street" by a provision of this chapter, the term "street" shall mean "public street".

Street, private shall mean a street which has not been dedicated for public use or maintenance.

Street, public shall mean a street which has been dedicated or otherwise established for public use and is maintained by the federal, state, county, or town government.

Structure shall mean anything constructed, erected, or established at least six (6) inches above the ground including but not limiting the generality of the following: buildings, signs, trailers, fences, screened enclosures, patio walls, backstops, sun decks, and similar activities.

Transient short-term rental use shall mean a dwelling or other accommodation used as a dwelling or other place of human habitation with sleeping accommodations which is rented, leased, or subleased for periods less than a calendar month or thirty (30) days.

Use shall mean the specific activity or function for which land, a building, or a structure is designed, arranged, intended, occupied, or maintained.

Variance shall mean a deviation from the height, bulk, setback, parking, or other dimensional requirements where authorized by the board of zoning appeals pursuant to the procedural requirements established by this chapter. The term variance does not include deviations from this chapter's use, lot size, or density standards.

Yard shall mean a required open space other than a court unoccupied and obstructed from its lowest level upward, provided however that fences, walls, poles, posts, open patios, signs, ornaments, furniture, and other customary yard accessories may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

(1)

Yard, front shall mean a yard extending between side lot lines across the front of a lot adjoining a public street.

(2)

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

(3)

Yard, rear shall mean a yard extending across the rear of the lot between side lot lines.

Zero-lot-line (ZLL) shall mean a development arrangement characterized by the location of buildings, on individual lots, in such a manner that one (1) or more of each building's sides rests directly on the lot line. Single-family (semi-attached) and single-family (attached) dwellings are examples of a zero-lot-line development.

(Ord. No. 16-0820, 2-9-16; Ord. No. 17-0856, 11-14-17; Ord. No. 20-0225, 11-10-20; Ord. No. 25-0975, 3-11-25)

When interpreting the Surfside Beach Zoning Code, the canon of construction "expressiouniusestexclusioalterius" or "inclusiouniusestexclusioalterius" (i.e. "to express or include one thing implies the exclusion of another, or of the alternative") shall be strictly observed. (If a use is not explicitly listed it shall not be permitted).

(Ord. No. 15-0810, 11-10-15)