- DISTRICT AND USE REGULATIONS
Editor's note— Ord. No. 19-0900, adopted August 27, 2019, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included as Division 10.5, §§ 17-392—17-392.5
Editor's note— Ord. No. 20-0913, adopted February 23, 2021, amended Division 11 in its entirety to read as herein set out. Former Division 11, §§ 17-393—17-396.6, 17-396.11—17-396.13, 17-396.19—17-396.26, 17-396.30—17-396.42, pertained to similar provisions, and derived from Prior Code; Ord. No. 13-0743, April 23, 2013; Ord. No. 15-0800, April 28, 2015; Ord. No. 15-0812, October 27, 2015; Ord. No. 16-0820, February 9, 2016; Ord. No. 17-0856, November 14, 2017; Ord. No. 18-0874, October 23, 2018; Ord. No. 19-0884, February 12, 2019; Ord. No. 19-0900, August 27, 2019.
Except as may be otherwise provided in this chapter, no building or land shall hereinafter be used and no building or part thereof shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the regulations specified in this article for the district in which it is located.
(Ord. No. 18-0874, 10-23-18)
For the purpose of this chapter, the town is hereby divided into eleven (11) zoning districts as follows:
(1)
R-1 low density residential district.
(2)
R-2 medium density residential district.
(3)
R-3 high density and accommodations residential district.
(4)
C-1 highway commercial district.
(5)
C-2 central business district (commercial).
(6)
C-3 amusement commercial district.
(7)
C-4 entertainment district.
(8)
MU mixed use district
(9)
PD planned development district.
(10)
MP manufactured home park district.
(11)
PL public land district.
The individual districts may be cited by full title, e.g. R-1 low density residential district, or by abbreviated reference, e.g. R-1 district
(Ord. No. 18-0874, 10-23-18; Ord. No. 19-0900, 8-27-19)
(a)
The boundaries of the zoning districts established by this chapter are shown on the official zoning map entitled the "Zoning Map of the Town of Surfside Beach South Carolina". This map shall be identified by the signature of the mayor, attested by the town clerk, and maintained at Town Hall. The official zoning map and all amendments, certifications, citations, and other matters entered on to the official zoning map are hereby made a part of this chapter and have the same legal effect as if fully set out herein. No change of any nature shall be made to the official zoning map or matters shown thereon except in conformity with the procedures set forth by this chapter.
(b)
Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines of streets, highways, alleys, or public utility easements shall be construed to follow such lines.
(2)
Boundaries indicated as approximately following platted lot or tract lines shall be construed as following such lines, whether public or private.
(3)
Boundaries indicated as approximately following the town limit line shall be construed as following such town limit.
(4)
Boundaries indicated as following the center lines of natural barriers such as marshes and streams, shall be construed to follow such center lines.
(5)
If distances are not specifically indicated on the official zoning map, or if other circumstances are not addressed by parts (1) through (4) above, the boundaries shall be determined by the use of the scale of such map.
(6)
All questions involving district boundaries, as illustrated on the official map, shall be submitted to the code enforcement official for a determination. Any appeal of a determination by the code enforcement official is made to the board of zoning appeals as provided by this chapter.
(Ord. No. 18-0874, 10-23-18)
Parcels within the zoning districts created by this chapter are subject to dimensional and density standards including, but not limited to: lot size, lot width, setbacks and required yards, building height, coverage maximums, and limitations on the number of dwelling units per lot or acre. These dimensional and density standards are set out in the text of this chapter and are provided in summary form in Table 17-303 below:
(Ord. No. 18-0874, 10-23-18; Ord. No. 19-0884, 2-12-19; Ord. No. 19-0900, 8-27-19)
The intent of the provisions of this division is to: (1) provide for quiet, livable low density single-family neighborhoods; (2) prohibit the establishment of incompatible land uses; (3) disallow any other use which would substantially interfere with the development or continuation of single-family dwellings in the district; and (4) encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this division.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the R-1 district in accordance with the use regulations of division 11 of the article.
The minimum size of lots in the R-1 low density residential district is nine thousand (9,000) square feet.
The minimum width of lots at the building line in the R-1 low density residential district is seventy-five (75) feet.
The yard setback requirements in the R-1 low density residential district are as follows:
(1)
Front yard setback: Twenty-five (25) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Ten (10) feet.
The maximum building height in the R-1 low density residential district is thirty-five (35) feet.
On any lot within an R-1 low density residential district, the area occupied by all buildings including accessory buildings, shall not exceed thirty (30) percent of the total area of such lot. The maximum impervious coverage on any lot within the R-1 district shall not exceed forty (40) percent of the total area of such lot.
The intent of the provisions of this division is to: (1) Provide an area for medium density residential neighborhoods; (2) Encourage the use of land for residential purposes; and (3) Prohibit any use which would substantially interfere with the development or the construction of residential development.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the R-2 medium density residential district in accordance with the use regulations of division 11 of this article.
The minimum size of lots in the R-2 minimum density residential district is six thousand (6,000) square feet.
The minimum width of lots at the building line in the R-2 medium density residential district is sixty (60) feet.
The yard setback requirements in the R-2 medium density residential district are as follows:
(1)
Front yard setback: Twenty-five (25) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Ten (10) feet.
The maximum building height in the R-2 minimum density residential district is thirty-five (35) feet. The minimum roof pitch required in the R-2 district shall be 6/12.
On any lot within an R-2 medium density residential district, the area occupied by all buildings including accessory buildings, shall not exceed thirty (30) percent of the total area of such lot. The maximum impervious coverage on any lot within the R-2 medium residential district shall not exceed forty five (45) percent of the total area of such lot.
The floor area ratio shall not exceed four-tenths (0.4) for any two-family (duplex) dwelling within the R-2 medium density residential district.
It is the intent of the provisions of this division to: (1) provide for high density seasonal type growth; (2) encourage development and continued use of land for high density residential and accommodations purposes; and (3) prohibit incompatible land uses that would interfere with the character of the district.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the R-3 district in accordance with the use regulations of division 11 of this article.
The minimum lot size in the R-3 high density residential and accommodations district is three thousand (3,000) square feet. This is the minimum lot size for a single-family attached or semi-attached dwelling unit. The minimum size lot for a single-family detached dwelling unit is thirty thousand six hundred (3,600) square feet and the minimum size lot with a two-family structure or for a single-family dwelling unit with an accessory dwelling unit is six thousand (6,000) square feet. The minimum lot size for multifamily uses is provided in Table 17-332.
The minimum width of lots at the building line in the R-3 high density residential and accommodations district is thirty (30) feet for single-family uses (detached, semi-attached, and attached), sixty (60) feet per lot for two-family uses (duplex), and thirty (30) feet for all other lots and uses.
The yard setback requirements in the R-3 high density residential and accommodations district are as follows:
(1)
Front yard setback: Twenty (20) feet.
(2)
Rear yard setback: Fifteen (15) feet.
(3)
Side yard setback: Five (5) feet for detached, single-family buildings up to fifty-five (55) feet high, ten (10) feet for all others.
The maximum building height in the R-3 high density residential and accommodations district is fifty-five (55) feet.
Multifamily dwellings are permitted provided they meet the following densities:
On any lot within an R-3 high density and accommodations residential district, the area occupied by all buildings including accessory buildings, shall not exceed forty (40) percent of the total area of such lot. The maximum impervious coverage on any lot within the R-3 district shall not exceed fifty (50) percent of the total area of such lot.
The intent of the provisions of this division is to: (1) Provide compatible locations to serve the automobile oriented commercial activities in harmony with major highway developments; (2) Reduce traffic congestion; and (3) Enhance the aesthetic atmosphere of the town.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the C-1 district in accordance with the use regulations of division 11 of the article.
The minimum size of lots in the C-1 highway commercial district fronting on U.S. Highway 17 (including all frontage roads) is ten thousand (10,000) square feet. The minimum size of lots fronting on streets other than U.S. Highway 17 is five thousand (5,000) square feet.
The minimum width of lots at the building line in the C-1 highway commercial district fronting on U.S. Highway 17 (including all frontage roads) is seventy-five (75) feet. The minimum width of lots at the building line on streets other than U.S. Highway 17 is fifty (50) feet.
(a)
The yard setback requirements in the C-1 highway commercial districts for uses fronting on U.S. Highway 17 (including all frontage roads) are as follows:
(1)
Front yard setback: Seventy-five (75) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Zero (0) feet.
Access to rear of commercial buildings and uses by a drive aisle or an unobstructed side yard setback of at least twenty (20) feet shall be provided on all lots in the C-1 highway commercial district. The code enforcement official may reduce the side yard requirement to ten (10) feet when a combined unobstructed side yard of twenty (20) feet is provided by two (2) abutting property owners.
(b)
The yard setback requirements for lots fronting on streets other than U.S. Highway 17 are as follows:
(1)
Front yard setback: Seventy-five (75) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Zero (0) feet.
Access to rear of commercial buildings and uses by a drive aisle or an unobstructed side yard setback of at least twenty (20) feet shall be provided on all lots in the C-1 highway commercial district except where the property is developed strictly for one-family and two-family residential buildings. The code enforcement official may reduce the side yard requirement to ten (10) feet when a combined unobstructed side yard of twenty (20) feet is provided by two (2) abutting property owners.
The maximum building height in the C-1 highway commercial district is fifty-five (55) feet.
The intent of the provisions of this division is to: (1) Establish and preserve the C-2 central business district for commercial uses focused on pedestrians; and (2) concentrate comparative shopping and professional or service operations in centrally located areas.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the C-2 district in accordance with the use regulations of division 11 of the article.
There is no minimum size of lots in the C-2 central business district.
There is no minimum lot width at the building line in the C-2 central business district.
There are no yard setback requirements in the C-2 central business district.
The maximum building height in the C-2 central business district is thirty-five (35) feet.
The intent of the provisions of this division is to allow for the mixing of certain specified land uses in the community where both accommodations and limited business uses are competing for land and accelerated transition is in evidence.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the C-3 district in accordance with the Use Regulations of Division 11 of the article.
The minimum size of lots in the C-3 amusement commercial district is five thousand (5,000) square feet.
The minimum width of lots at the building line in the C-3 amusement commercial district is sixty (60) feet.
The yard setback requirements in the C-3 amusement commercial district are as follows:
(1)
Front yard setback: Twenty (20) feet.
(2)
Rear yard setback: Ten (10) feet.
(3)
Side yard setback: Side setback five (5) feet for two and one-half (2.5) story buildings up to fifty-five (55) feet high, ten (10) feet for all others.
The maximum building height in the C-3 amusement commercial district is fifty-five (55) feet.
The intent of the provisions of this division is to provide a unique set of commercial uses for a small portion of commercial area around the town owned pier. This district should promote and encourage entertainment opportunities for all ages in a family friendly setting.
(Ord. No. 18-0874, 10-23-18)
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the entertainment district in accordance with the use regulations of division 11 of the article. Uses not specifically listed as permitted uses, conditional uses or special exceptions shall not be permitted.
(Ord. No. 18-0874, 10-23-18)
The minimum size of lots in the entertainment district is three thousand (3,000) square feet.
(Ord. No. 18-0874, 10-23-18; Ord. No. 18-0884, 2-12-19)
The minimum width of lots at the building line in the entertainment district is thirty (30) feet.
(Ord. No. 18-0874, 10-23-18)
The yard setback requirements in the entertainment district are as follows:
(1)
Front yard setback: Zero (0) feet.
(2)
Rear yard setback: Zero (0) feet.
(3)
Side yard setback: Zero (0) feet.
(Ord. No. 18-0874, 10-23-18)
The maximum building height in the entertainment district is fifty-five (55) feet.
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 or building appendages whichever is greater.
(Ord. No. 18-0874, 10-23-18)
A stormwater management plan shall be designed and submitted meeting the requirements set forth in chapter 14, article III of the Town's Code of Ordinances.
(Ord. No. 18-0874, 10-23-18)
The intent of the provisions of this division is to: (1) Provide an area of transition between the town's residential districts and areas of more intense commercial activity; and (2) Encourage the integration of residential uses with compatible cultural, civic, and lower intensity commercial uses. It is further the intent of this division that the arrangement of the MU district should include three (3) or more contiguous lots having common street frontage or one (1) or more larger tracts suitable for future subdivision.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the MU mixed use district in accordance with the use regulations of division 11 of the article.
The minimum size of lots in the MU mixed use district is as follows:
The minimum width of lots at the building line in the MU mixed use district is fifty (50) feet.
The yard setback requirements in the MU mixed use district are as follows:
(1)
Front yard setback: Twenty-five (25) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Five (5) feet for single-family detached dwellings and ten (10) feet for all other uses.
The maximum building height in the MU mixed use district is thirty-five (35) feet. The minimum roof pitch required in the MU district shall be 6/12.
On any lot within a MU mixed use district, the area occupied by all buildings including accessory buildings shall not exceed forty (40) percent of the total area of such lot. The maximum impervious coverage on any lot within the MU mixed use district shall not exceed fifty (50) percent of the total area of such lot.
Uses and lots within the MU district are subject to the following standards:
(1)
Parking. Off-street parking provided for any use or lot shall not exceed twenty (20) spaces. Parking facilities, excluding driveways and drive aisles, shall not be located in a required front yard.
(2)
Buildings devoted to permitted nonresidential uses, as provided in Table 17-395, shall not exceed three thousand (3,000) square feet in floor area. When a building contains a mixture of commercial and residential uses, the floor area of a building shall not exceed five thousand (5,000) square feet.
(3)
Excluding outdoor dining, produce markets, and temporary uses as provided in section 17-208, the storage, display, or sale of merchandise shall be conducted in an enclosed building.
(4)
All nonresidential uses and activities shall be limited to operating between the hours of 7:00 a.m. to 10:00 p.m.
It is the intent of the planned development district to encourage flexibility in the development of land in order to promote its most appropriate use; to improve design, character and quality of new development; to facilitate the provision of streets and utilities; and to preserve the natural and scenic features of open areas.
Any area may be zoned as a planned development district if two (2) or more of the following conditions are met:
(1)
More than one (1) principal land use is proposed for development on a parcel under single or multiple ownership or management.
(2)
Separate land uses, which would not otherwise be permitted to locate within the same zoning district are proposed for development on one (1) or more adjacent parcels under single or separate ownership or management.
(3)
Exceptions or variations to the site or design and dimensional requirements of the chapter are essential to the project.
Any request pertaining to the establishment of a planned development (PD) zoning district or changes to an existing PD district shall be considered an amendment to the zoning ordinance and be administered and processed accordingly. All data pertaining to the conceptual plat for a planned development, section 17-374, shall be submitted to the planning commission for review, public hearing, and recommendation, then forwarded to town council for final action. If approved by the town council, all information pertaining to the proposal shall be adopted as an amendment to the zoning ordinance, as the standards of development for that particular planned development district. Revised conceptual plats shall be submitted to the planning commission for review in accordance with section 17-375. Final plats for each phase shall be submitted to the planning commission for their review and approval provided that the final plats are in accordance with the approved conceptual plat. If the owner or developer is not in agreement with the planning commission's findings, they may request approval from the town council. A building or zoning permit shall not be issued for construction until a final plat for the PD phase in which the permit is being requested has been submitted to and approved by the planning commission or by the town council.
The time established for the final planned development district (PD) survey, to be duly recorded in and authenticated by the County of Horry, SC, shall be thirty (30) days from the approval date of the PD by the Town of Surfside Beach Council. The thirty-day filing time only applies to development specifically categorized as a "PD" and has been processed and approved by the planning commission and town council as a "PD".
All changes to an approved planned development (PD) shall require another public hearing, planning commission review, and approval by town council, and shall be treated as an amendment to the ordinance.
(a)
Site plan—Sheet 1. Location map; ownership patterns; property dimensions; location of structures; types of uses; phases and timetables; number of units per phase; acreages (total and per phase);
(b)
Ingress and egress; yard requirements; lot sizes; street layout; parking; screening, buffers and borders; off-street loading facilities; building heights; public access and recreation; open space (active or passive); density; number of units per building; general layout of sidewalks or pathways; and graphics (north arrow, scale-written and graphic, engineers signature and date of field survey).
(c)
Environmental plan—Sheet 2. Contours; drainage plan; flood prone areas; marsh areas or wetlands; tree plan and other principal geographic features.
(d)
Utilities plan—Sheet 3. Layout and easements for utilities including water, sewer, gas, electricity, telephone and cable.
Before any permits may be issued, the developer shall submit final plats for review and approval to the planning commission. The final plats shall contain the following information:
(1)
Site plan—Sheet 1. Location map; location of structures; phases of development and timetables; acreages (total and per phase); property dimensions of phase development; ingress and egress (dimensions, acceleration and deceleration lanes and ingress and egress points); yard requirements (distance between buildings, distance of buildings from street, distance from easements and distance from off-street parking); lot sizes; street layout (street names, proximity of dwelling units, relationship to street patterns, right-of-way widths, paving widths, type of streets, directional arrows, type of pavement, street jogs, location of intersections and statement on traffic speed); size of structures (exact dimensions, height and number of units/building); screening buffers, etc.; off-street loading (relationship to commercial and public facilities); public access and recreation-open space (dimensions and locations, proximity to streets and buildings, relationship to streets and buildings and type of recreation area); density (number of units per phase, number of units per acre and overall density); final layout of sidewalks/pathways (width, type of material and relationship to public street); location and size of all signs; graphics (north arrow, name of developer, name of development, scale, adjoining property owners and uses, engineers signature, date of field survey and dimensions, bearings, angles and reference points).
(2)
Environmental plan—Sheet 2. Contours; drainage plan; floodprone areas; marsh areas or wetlands; tree plan and other principal geographic features; dumpster locations; and erosion control methods.
(3)
Utilities plan—Sheet 3. Layout and easements for utilities including water, sewer, gas, electricity, telephone and cable.
(4)
Exterior appearance—Sheet 4.
(5)
Other information required by the planning commission—Sheet 5. Construction timetable with proposed start and completion dates.
If the approved planned development project has not begun within one (1) year of its approval date by town council, the planning commission or town council may initiate a map and text amendment to cause the reversion of the property to its previous zoning classification. For purposes of this section, "begun" shall be evidenced by the approval of the preliminary plat and having construction of infrastructure under contract.
Any use proposed by the developer and considered by the planning commission and town council as being compatible to other nearby uses within and beyond the district may be permitted in such district, upon approval by the planning commission and town council. A listing of permitted uses within a particular PD district shall be adopted as part of the regulations applying to that district. After approval by the planning commission and town council, the list or portions thereof shall be adopted as part of the regulations applying to that particular PD district. Thereafter, the uses permitted in the district shall be restricted to those listed, approved, and adopted.
In order to qualify for a planned development district classification, a proposed planned development must first meet the following minimum requirements:
(1)
The site must be a minimum of one (1) acre in size.
(2)
The area proposed shall be in one (1) ownership, or if in several ownerships, the application for amendment to this chapter shall be filed jointly by all of the owners of the properties in the plan.
(3)
Comply with article IV of this chapter and chapter 14, flood damage prevention.
(a)
Overall site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes of structures, street patterns, and use relationships. There shall be a variety in building types, heights, and facades.
(b)
Densities per acre for residential dwelling units for each PD district shall not exceed those specified in the Surfside Beach Comprehensive Plan.
(c)
Accessory dwellings (i.e. garage apartments and guest houses) shall be allowed but the total number shall be included in the multifamily quota for the project.
(d)
Landscaped buffers, berms, berm walls or fences shall be provided along the periphery of a PD. The type and or width of buffer accepted shall depend on the proposed peripheral use and the adjacent land use.
(e)
Areas designated for parking and loading or for traffic ways shall be physically separated from public streets by suitable barriers against unchanneled motor vehicles ingress and egress. Commercial, industrial, institutional, and multifamily uses shall have not more than two (2) access points to any one (1) public street, unless unusual circumstances dictate otherwise. All uses shall be located at least one hundred (100) feet from the intersection of any street center lines and shall be designed in a manner conducive to safe ingress and egress.
(f)
Streets shall be designed to interconnect with other streets when possible. Traditional block patterns are recommended.
(g)
Parking and other requirements for each PD district may be set by town council upon recommendations of the commission. Shared parking is encouraged in mixed-use developments.
(h)
Adjacent nonresidential parking lots shall have internal connections. On-street parking shall be provided near commercial areas (except for Ocean Boulevard).
(i)
Parking areas are encouraged to be located to the rear of structures and shall be screened from public view. Residential parking areas are encouraged to be located to the side or rear of structures.
(j)
Sidewalks and or multiuse paths shall be provided and interconnect with existing sidewalks and multiuse paths. Sidewalks and multiuse paths shall be developed in accordance with the comprehensive plan.
(k)
A minimum of fifteen (15) percent of the gross project area shall be permanently allocated to open space/green space for the gathering of and individual access by all residents of a planned development district (PD), and shall include places for sitting, strolling, social interaction and informal recreation. These areas shall be sited in prominent locations throughout the district. In all developments two and one-half (2½) acres or more, a minimum of ten thousand (10,000) square feet of the required fifteen (15) percent shall be configured as a park and one (1) such park shall be integrated into each designated neighborhood center.
(1)
Proposed additional features not specifically named in the open space/green space definition will be reviewed and approved on a case-by-case basis at initial planned district development (PD) application before the planning commission, with final approval by town council.
(2)
Parks shall be located in all developments over two and one-half (2½) acres in size. They shall be a minimum of ten thousand (10,000) square feet and they shall be designed to allow for community gatherings as well as for the uses anticipated in a square, and at least one (1) park shall be integrated into each designated neighborhood center.
(l)
Street trees shall be planted on both sides of all streets. Planting strips and pedestrian scale street lights shall be provided in appropriate locations.
(m)
Lighting shall be installed and oriented in such a manner as to avoid direct light shining into a residential district.
(n)
Wetlands greater than one-quarter (¼) acre in size do not count toward the minimum site requirements for park and open space dedication, nor can their acreage be counted toward the density calculations for the site.
(o)
While discouraged, private streets are allowed and lots can be fronted on the private streets. Public access is required on all private streets.
A planned development for an amusement park shall meet the general requirements of section 17-378, the following additional minimum requirements, and such other requirements as may be imposed by the town council to insure that the park will not adversely affect adjoining zoning districts or the public:
(1)
Permitted activities may include entertainment rides, water slides, ball batting, miniature golf, driving range, amusement device arcade, bowling, billiards, bumper boats, go-carts, kiddie rides not exceeding eighteen (18) feet in height and forty-five (45) feet in diameter, or other similar devices or activities compatible with the district.
(2)
"Hard rides" other than permitted kiddie rides, controlled by someone other than the participant, such as ferris wheels, roller coasters, speed rides, and similar uses are prohibited.
(3)
No structure used for amusement and no principal building shall be placed within two hundred (200) feet of a property line contiguous to a residential zoning district.
(4)
No alcoholic beverages, beer, or wine shall be sold or consumed on the premises.
(5)
All lighting shall be installed and oriented in such a manner as to avoid direct light shining into a residential zoning district.
(6)
A landscaped hedge or fence shall be provided along the property line adjacent to any residential zoning district and shall be a minimum of twelve (12) feet in height or such height as may be necessary to effectively block the view from a residential district.
(7)
A minimum of twenty (20) percent of the usable and improved park land area shall be reserved for vehicular parking.
(8)
Internal combustion engines or similar devices shall not exceed five (5) horsepower or equivalent, and no device shall be permitted which produces a noise level exceeding seventy (70) decibels at a distance of fifty (50) feet.
(9)
No fireworks shall be sold or discharged on the property.
(10)
No entrance or exit to the park through a residential zoning district shall be permitted.
(11)
Amusement device arcades in the park shall be operated from within completely enclosed and walled buildings, and no cash awards shall be permitted for any game in the park.
(12)
All activity, noise, and lights within the park must cease between 10:00 p.m. and 6:00 a.m. local time, except for park maintenance and cleanup, low-level security lighting and security personnel. No guard dogs shall be permitted.
It is the intent of the provisions of this division to: (1) Provide a sound and healthy residential environment sufficient to meet the unique needs of inhabitants living in manufactured homes; (2) Protect manufactured home parks from encroachment by incompatible uses; and (3) Encourage the consolidation of manufactured homes into parks.
Manufactured home parks are permitted in the manufactured home district provided a manufactured home development plan is presented that contains the following:
(1)
Site plan showing general location of use, plan and dimension of each building or structure to be constructed, and the proposed location of each manufactured home unit;
(2)
The location, dimension, and arrangement of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, pedestrian ways, roads, streets, and sidewalks with dimensions;
(3)
Location and type of all utilities;
(4)
Traffic circulation;
(5)
Drainage;
(6)
Parking; and
(7)
Location and size of signs.
The yard setbacks of the MP manufactured home park district are as follows:
(1)
Minimum side yard: No less than fifteen (15) feet for each side, except when the side lot line of the park abuts any residential zoning district, a minimum side yard of thirty (30) feet will be required.
(2)
Minimum rear yard: Same as side yard.
(3)
Minimum of ten (10) feet front yard.
The minimum size of a manufactured home park is five (5) acres. Each individual manufactured home space shall consist of not less than five thousand (5,000) square feet of clearly defined area and provide fifty (50) feet of frontage on a road.
Each manufactured home park shall contain a minimum of two thousand five hundred (2,500) square feet set aside for common recreational open space or at least one hundred (100) square feet of space for each manufactured home whichever is greater.
No more than eight (8) manufactured homes per acre are permitted within a manufactured home park.
The maximum impervious coverage within any manufactured home park shall not exceed sixty (60) percent of the total lot area.
All manufactured home units placed within the manufactured home park district after the effective date of this section shall meet the following standards:
(1)
Manufactured homes shall bear certification of compliance with the Federal Manufactured Housing Construction and Safety Standards Act. The placement of a mobile home, as defined by this chapter, is prohibited within the town limits of Surfside Beach;
(2)
All manufactured homes shall be no more than five (5) years old (model years) at the time of permitting;
(3)
The tongue or other similar device must be removed or fenced, blocked, or by other means made not visible from the street;
(4)
Steps meeting the applicable requirements of the International Residential Code (IRC) must be placed at every means of egress or ingress;
(5)
Manufactured homes must be anchored in accordance with the requirements of the IRC and shall be underpinned and skirted in a manner which completely conceals the undercarriage; and
(6)
Manufactured homes shall require a zoning permit prior to placement. The code enforcement official shall require documentation necessary to ensure conformance with the requirements of this division.
The intent of the provisions of this division is to establish and preserve areas for the use of certain public purposes with the intent of being harmonious with surrounding districts and uses.
(Ord. No. 19-0900, 8-27-19)
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the PL district in accordance with the Use Regulations of Division 11 of the article.
(Ord. No. 19-0900, 8-27-19)
The minimum lot size for the PL district is three thousand (3,000) square feet.
(Ord. No. 19-0900, 8-27-19)
The minimum width of lots at the building line in the PL public land district is thirty (30) feet.
(Ord. No. 19-0900, 8-27-19)
Setback requirements shall be:
(1)
Front: Zero (0) feet.
(2)
Sides: Zero (0) feet.
(3)
Rear: Zero (0) feet.
Public parking lots shall be permitted at zero (0) setbacks.
Except where abutting a residentially zoned district. In that case no structure shall be placed closer than seventy-five (75) feet from any residentially zoned property line. Public buildings and uses including courts of law, parole or probation offices, warehouses and storage facilities shall be located no closer than one hundred fifty (150) feet from any residentially zoned property line.
(Ord. No. 19-0900, 8-27-19)
The maximum building height in the PL public land district is thirty-five (35) feet.
(Ord. No. 19-0900, 8-27-19)
It is recognized that various types of land uses will develop and that different forms of land uses will seek to locate within the town. In order to provide for this occurrence, a determination of the appropriate classification for all uses of land shall be made as follows:
(1)
All questions concerning the classification of uses shall be referred to the code enforcement official for an interpretation of this chapter. The referral of the use classification question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, storage and the amount thereof, anticipated employment, types of products, transportation requirements, and any additional information determined necessary by the planning director or designee in classifying the proposed use.
(Ord. No. 20-0913, 2-23-21)
NOTE: Yellow text highlights indicate changes to the text recommended by staff after PC. Highlighted texts are for convenience only, and will be removed upon codification.
Each table looks similar to this example below:
• First column lists general groupings (e.g. Residential Dwelling Types for the category listed in the column header.
• Second column lists specific uses.
• Middle columns represent each Town of Surfside Beach zoning district with a use code.
The letter (use) codes are as follows:
•
The "Applicable Standards" column gives sections of the code that cross reference the use specific conditions for the conditional "C" approved uses.
•
The "Design Overlay Applicable Article" indicates the use is or is not required to meet the Town of Surfside Beach Design Overlay Standards. If blank, the Design Overlay does not apply. If the Design Overlay does apply the article number for the specific design overlay is listed for cross reference.
•
The "Parking Code" indicates the code (e.g. A, B, C) required for the use and indicates the table reference to find the requirement.
•
Appeals from the determination of the planning director or designee are made to the board of zoning appeals pursuant to Section 17-223 of this chapter.
•
If a use is not explicitly listed it shall not be permitted within a zoning district. Any applicant wishing to operate or establish a use not listed as permitted shall pursue an amendment to the ordinance through and by Section 17-202 of this chapter.
(Ord. No. 20-0913, 2-23-21)
(Ord. No. 20-0913, 2-23-21)
In addition to the district and supplemental requirements imposed on lands and uses by this chapter, the following conditions shall apply in any zoning district where a use is allowed as a conditional use or special exception as shown in Table 17-395.
(Ord. No. 20-0913, 2-23-21)
Excluding residential uses, these uses denoted as a conditional use or special exception by Chart 17-395 within the C1 district are subject to the following requirements:
The listed uses are permitted in the C1 highway commercial district provided that no part of the principal building is located closer than one hundred fifty (150) feet to any residential district, that no noise or air pollution be associated with the use, and that facilities do not create any safety hazards or nuisances as a result of their operation.
(Ord. No. 20-0913, 2-23-21)
Retail pet shops, boarding facilities, animal hospitals, and veterinary clinics are allowed in the C1 district provided all boarding arrangements are maintained within a building or courtyard and no noise connected with the operation of the facility is discernable beyond the premises. Retail pet shops, pet grooming, and pet training facilities are permitted in the C2 district with rear courtyards. No noise connected to the operation of the facility shall be discernable beyond the premises.
(Ord. No. 20-0913, 2-23-21)
Automobile services stations are allowed in the C1 district provided that:
a.
All fuel pumps and/or roof coverings for fuel pumps shall be set back a minimum of at least twenty-five (25) feet from the right-of-way of any street;
b.
No part of the principal building or pumps is located within one hundred fifty (150) feet of any residential district;
c.
No more than five (5) vehicles may be stored within one hundred fifty (150) feet of ant residential district;
d.
All vehicles stored overnight in open view of public streets and/or adjoining properties are currently licensed, in operable condition; and,
e.
All wrecked or disabled vehicles awaiting body or fender repair or legal disposition following an accident are currently licensed, except those waiting for legal disposition, and are stored in an area separated from adjoining properties and public streets by a planting screen, a fence with staves, or a wall at least six (6) feet, but not to exceed eight (8) feet, in height to effectively block the public view.
(Ord. No. 20-0913, 2-23-21)
A dwelling unit with a separate means of ingress and egress, contain separate kitchen, bathroom, and sleeping facilities that is (1) physically attached to or contained within an existing owner occupied single family home or (2) occupies the second story of an existing garage or (3) an accessory building on the same lot of an owner occupied single family home. Accessory dwelling units shall not exceed a total of eight hundred fifty (850) square feet.
(Ord. No. 20-0913, 2-23-21)
Upper story dwellings are allowed in the C-2 district provided that:
a.
Permitted on the 2 nd story or above; in no instance shall residential be allowed in the 1 st floor;
b.
Non-residential uses shall not be permitted above a residential use on the same lot;
c.
Utility equipment (electrical boxes, communication equipment and all other mechanical or utility equipment) shall be located on the side or rear of building and not visible on the front façade.
d.
Shall provide complete, independent living facilities for one (1) or more persons, which include provisions for living, sleeping, eating, cooking and sanitation.
e.
Shall provide a separate entrance to the residential unit.
f.
All upper story dwelling units shall be a minimum of six hundred (600) square feet in gross floor area.
g.
On-site parking shall be provided in the rear of same property at one (1) space per bedroom.
(Ord. No. 20-0913, 2-23-21)
The listed uses are permitted in the PL public land district provided that no part of the principal building is located closer than one hundred fifty (150) feet from any residential district that no noise or air pollution be associated with the use, and that facilities do not create any safety hazards or nuisances as a result of their operation.
(Ord. No. 20-0913, 2-23-21)
Properties zoned Public Land shall house only publicly owned or leased buildings and/or accessory uses and shall meet the minimum standards established for the district herein. If property is leased by a publicly owned agency the property shall revert back to the underlying zoning after lease has expired.
(Ord. No. 20-0913, 2-23-21)
Use is allowed in the C-1 and PL district provided:
1.
Use is located on properties fronting on Sandy Lane. No portion of the use shall be located on properties contiguous to the town's frontage road or Highway 17.
2.
If use (other than warehouse, mini storage or other storage facilities) includes outdoor storage of any kind a fence with a minimum height of six (6) feet shall be provided and effectively block the public view.
3.
Any use of noxious or offensive odors, dust, noise, fumes, or vibrations shall be prohibited.
4.
Warehouse, mini storage or other storage facilities shall:
a.
Be used for dead storage only.
b.
The storage of flammable or hazardous chemicals, explosives, and containers of such materials shall be prohibited.
c.
Auctions, commercial, wholesale, retail, miscellaneous or garage sales shall be prohibited.
d.
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment shall be prohibited inside or outside the mini storage units.
e.
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment shall be prohibited.
f.
Open storage of any item including but not limited to boats, vacant trailers, and recreation vehicles, automobiles, or any other type of motorized vehicle shall be prohibited.
(Ord. No. 20-0913, 2-23-21)
Massage therapy/massage parlor/body therapy shall not be permitted as a principal use in any zoning district. Massage therapy/massage parlor/body therapy shall be approved only as an accessory/incidental use as provided for in this ordinance. Notwithstanding any conflicting provisions of this ordinance any business which was lawfully performing such services in the town immediately before the effective date of this ordinance that is thereafter in violation of this section shall be deemed a nonconforming use. Existing nonconforming massage therapy/massage parlor/body therapy shall be permitted to continue until such time as the current business license becomes invalid abandonment as defined in this article or one (1) year form the effective date of this article whichever comes first. Massage therapy/body therapy shall be permitted as an accessory/incidental use only inside state licensed hair salons, health care establishments engaging in the science and art of preventing, curing or alleviating disease, including medical, surgical, psychiatric, chiropractic and osteopathic offices but excludes gyms, health clubs, dental offices and veterinary clinics, and associated uses.
In addition to the above requirements all massage therapy/body therapy shall meet all requirements set forth in the SC Code of Laws Title 40—Professions and Occupations; Chapter 30 Massage/Bodywork Practice Act as required by state law. A copy of the current state license from the South Carolina Labor, License and Regulations (LLR) for massage/bodywork therapy must by presented prior to zoning approval.
(Ord. No. 20-0913, 2-23-21)
Transient rentals, also known as a short term rentals are permitted in the R3 and C3 zoning districts and are defined as a dwelling or other accommodation used as a dwelling or other place of human habitation with sleeping accommodations which is rented, lease, or subleased for periods less than a calendar month or thirty (30) days. Long term rentals are permitted in all zoning districts allowing residential uses. Long term rentals defined as three hundred sixty five days (365) or longer.
(Ord. No. 20-0913, 2-23-21)
Body piercing is allowed as a conditional use, subject to the following standards:
The Town of Surfside Beach declares that it is unlawful to perform body piercing on persons under the age of eighteen (18) years without the in person consent of a parent or legal guardian. Body piercing involves an invasive procedure by which the human body is penetrated creating the opportunity for the transmission of infection and disease. The premises upon which body piercing is performed and the equipment to be used must, in the interest of the health and welfare of the public, be maintained in a sanitary and sterile condition to prevent the spread of infection and disease. The conduct of body piercing as an accessory use to most common commercial businesses is not consistent with the emphasis on sanitary and sterile conditions which appears to be necessary to address the health, safety and welfare of the public.
a.
Body piercing shall not be permitted as a principal use only as provided in this ordinance. Notwithstanding any conflicting provisions of this ordinance any business performing body piercing which was lawfully performing such services in the town immediately before the effective date of this ordinance that is thereafter in violation of this section shall be deemed a nonconforming use. Any such business that is lawfully performing such services in Horry County immediately before it is annexed into the town and is thereafter in violation of this ordinance shall also be deemed a nonconforming use. Any use found to be nonconforming by application of this ordinance shall be permitted to continue for a period not to exceed six (6) months from the initial date of nonconformity.
b.
Body piercing shall be permitted as an accessory use only inside state licensed health care establishments engaged in the science and art of preventing, curing or alleviating disease, including medical, surgical, psychiatric, chiropractic and osteopathic, and dental hospitals, clinics and offices; but excluding gymnasiums, health clubs, veterinary clinics, and associated uses.
(Ord. No. 20-0913, 2-23-21)
In the town's residential districts, churches, synagogues, mosques, convents, monasteries, and similar religious uses are allowed provided that any structure connected, shall be placed no closer than seventy-five (75) feet from any residential property line. This requirement does not apply to church-related activities as defined by § 6-29-715 of the South Carolina State Code of Laws.
(Ord. No. 20-0913, 2-23-21)
Where allowed as a conditional use, communication towers shall meet the following requirements:
a.
Communication towers and associated improvements shall meet all applicable zoning district, and applicable landscape tree protection requirements. Communication towers are allowed in the C-1 zoning district provided they are located west of U.S. Highway 17; and communication towers may be located on existing towers or existing structures that currently have towers east of U.S. Highway 17 provided the towers do not exceed the height of the existing structure by more than thirty (30) feet. In this area the town encourages the location of towers on publicly owned land such as water tanks;
b.
The height of the towers must not exceed two hundred (200) feet measured from grade;
c.
The proposed tower must be located that adequate setbacks are provided on all sides to prevent the tower's fall zone from encroaching onto adjoining properties (the fall zone determined by an engineer certified in the State of South Carolina in affidavit form which includes the engineers signature and seal);
d.
The tower shall not be located within one thousand (1,000) feet of another communication tower. (This does not apply to tower facilities that collocate);
e.
The applicant has attempted to collocate on existing communication towers, buildings currently have towers, or other structures and the applicant is willing to allow other users to collocate on the proposed tower in the future subject to engineering capabilities on the structure, frequency consideration, and proper compensation from the additional user. No conditional use permit is required when collocating on an existing tower or structure, however, a building permit is required. Towers located on existing structures are preferred to construction of new towers;
f.
The communication tower structures on individual lots must be located no closer to non-commercially zoned lots or residential areas than a distance equal to the height of the tower;
g.
The proposed tower is only illuminated as required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agencies. Night time strobe lighting shall not be incorporated unless required by the Federal Communication Commission, Federal Aviation Administration, or other regulatory agency;
h.
The proposed tower shall not include signage of any nature on any portion of the tower, except for any necessary informational or warning signs related to the safe operation of the tower; and
i.
A communication tower taken out of service must be removed within one hundred twenty (120) days of the date such tower ceases to be used for communication purposes and the site dismantled at the expense of the owner.
Applications shall include the following information:
i.
A scaled certified site plan showing the location of the tower, guy anchors, buildings and other structures or improvements, parking, driveways, fences, etc. Adjacent land uses shall also be noted on the site plan.
ii.
The height and typical design of the tower, typical materials to be used, color, all information required by the building codes, and lighting shall be shown on elevation drawings.
iii.
Documentation indicating that collocation on existing towers or buildings in the vicinity of the proposed tower was attempted by the applicant but found to be unfeasible, with reason noted.
j.
Other information as requested by staff to allow adequate review of approval criteria.
(Ord. No. 20-0913, 2-23-21)
Parking decks shall be allowed as an accessory use in an approved planned development district (PD). In no case shall parking decks be permitted east of Highway 17.
(Ord. No. 20-0913, 2-23-21)
Day cares are allowed subject to the following standards:
a.
Such facility meets the rules and regulations established by the South Carolina Department of Social Services.
b.
A landscaped hedge or fence shall be provided along any rear or side property line. Any such hedge or fence shall be designed and planted to be at least five (5) feet in height and effectively block the public view.
c.
A minimum of one (1) off-street parking space be provided for each three hundred fifty (350) square feet of indoor play and/or instruction space plus adequate off-street loading and unloading space with separate ingress and egress.
(Ord. No. 20-0913, 2-23-21)
Dwelling groups are allowed subject to the following:
a.
In the R-3 district, multiple detached single-family buildings may be located on individual lots provided the lots are at least seven thousand two hundred (7,200) square feet and each unit can meet all the requirements of this chapter. The maximum number of single-family buildings allowed on any one lot is based on one building per three thousand six hundred (3,600) square feet of lot area. There must be a ten-foot separation between the buildings and/or accessory uses.
b.
In the R-3 district, multiple detached dwelling units, to include any combination of single-family, two-family, and multi-family structures, are permitted as a conditional use provided:
1.
The lot must be at least nine thousand six hundred (9,600) square feet in area. The maximum number of dwelling units permitted per lot shall not exceed one single-family dwelling unit per each three thousand six hundred (3,600) square feet of lot area and one two-family dwelling unit per each six thousand (6,000) square feet of lot area. Multi-family dwellings shall not exceed the maximum density allowable per Table 17-332.
2.
Each unit must meet all requirements of this chapter.
3.
There must be ten-foot separation between buildings and/or accessory uses.
c.
In the C-3 districts, multiple detached dwelling units, to include any combination of single-family, two-family, and multi-family structures, may be permitted as a special exception, subject to the following:
1.
The lot must be at least one acre in area and the arrangement of the lot makes future subdivision impractical;
2.
The maximum density for the various residential uses shall not exceed the density permitted within the R-3 district; and
3.
There is a ten-foot separation between the buildings and/or accessory uses.
(Ord. No. 20-0913, 2-23-21)
Fuel or chemical storage may be permitted as a special exception provided in no case shall such storage be located within one hundred (100) feet of a public right-of-way or one hundred fifty (150) feet from any off-premises structure. This classification does not include incidental or accessory storage for otherwise permitted uses such as automobile service stations.
(Ord. No. 20-0913, 2-23-21)
Hotels and motels are allowed in the R3 district provided the lot is contiguous to the Atlantic Ocean.
(Ord. No. 20-0913, 2-23-21)
Lumber yards and sales are allowed in the C1 district provided that all storage is enclosed ion a building or behind a solid six (6) feet fence.
(Ord. No. 20-0913, 2-23-21)
Public land (PL) uses and accessory used contiguous to residentially zoned properties shall be placed no closer than seventy-five (75) feet from any residentially zoned property line. This classification does not include the following public uses: courts of law, correctional institutions or jails, warehouses, and similar uses. Requirements for these type uses can be found in § 17-396.6 of this chapter.
Public parking lots and/or parking areas shall be exempt from setback requirements.
(Ord. No. 20-0913, 2-23-21)
In the town's residential districts, private, trade, and vocational schools are allowed provided that any structure connected therewith shall be placed no closer than seventy-five (75) feet from any residential property line.
(Ord. No. 20-0913, 2-23-21)
Radio and television stations are allowed in the C1 and C2 districts, provided that the transmission tower is not located onsite.
(Ord. No. 20-0913, 2-23-21)
In the C1 and C3 districts, dwelling units are allowed subject to the following standards:
a.
Residential uses or any kind shall be prohibited on the west side of Highway 17 (including the frontage road) and on all parcels having frontage on or adjacent to the east side of Highway 17.
b.
Where residential uses are permitted, the lot size, lot width, frontage, setbacks, and density standards applicable to residential uses within the R3 district shall apply.
c.
Property which has been subdivided or developed to the lot size, lot width, frontage, or density standards applicable to the R3 district may not thereafter be used for nonresidential purposes unless the lot size and dimensional standards of the underlying commercial district are met.
(Ord. No. 20-0913, 2-23-21)
A resort accommodation containing twenty-five (25) for more rental units shall be permitted to establish accessory uses within the principal building provided they are accessible only from an interior court, lobby, or corridor. Said accessory uses shall be limited to drug and sundry shops, florist and gift shops, confectionary stores, newsstands, lounges, restaurants, snack bars, amusement arcades, beach and automobile agencies.
(Ord. No. 20-0913, 2-23-21)
Restaurants and other dining establishments, define as "bona fida engaging primarily and substantially in the preparation and serving of meals" by Title 61, Chapter 6 of the Code of Laws of South Carolina, may include outdoor dining in the C1, C2, C3, E and MU districts subject to the following standards:
a.
Outdoor facilities shall be located on the same parcel as the restaurant or dining establishment.
b.
Outdoor facilities shall be used for seated patrons only.
c.
In the districts permitting the sale or consumption of alcohol in combination with the restaurant use (C1, C2, C3, E, and MU), no outdoor bars for the service of alcohol shall be permitted.
d.
Any restaurant use with open or outdoor dining shall be further subject to the requirements imposed by this Code and state law regulating the licensing, sale, or public consumption of alcohol including, but not limited to, the requirements and restrictions imposed by section 8-95 of this Code.
e.
Except where specifically authorized by this Code, outdoor dining areas shall not be located in any public right-of-way.
f.
Shielding of all lighting so as not to cast undue glare and light onto neighboring properties shall be required.
g.
Control noise, so as not to create a nuisance condition off site.
h.
It shall be the responsibility of the owner of the establishment to prevent its patrons from causing a disturbance on public or private property in the vicinity of the restaurant or dining establishment.
i.
All associated permits from applicable federal, state, and local agencies must be obtained.
j.
In addition to the above requirements, within the MU district, the following shall apply:
1.
Bars, taverns, or other places where alcohol is served shall be prohibited.
2.
No live music or sound produced through electronic speakers shall be permitted.
3.
The capacity of the outdoor facility shall be limited to twenty (20) patrons.
4.
Operation of the outdoor facility shall be limited to the overall hours of operation of the dining establishment but in no event shall the facility be occupied by patrons before 7:00 am or after 12:00 am.
5.
The outdoor facility shall be placed no closer than twenty (20) feet from the nearest edge of the paved surface of a street and no closer than five (5) feet from the nearest edge of a public sidewalk.
(Ord. No. 20-0913, 2-23-21)
Semi-attached single family dwellings where allowed are subject to the following standards:
a.
The side yard setback for the attached interior walls of the structure shall be zero (0) feet. Unless a greater distance is required by the district standards, the exterior (unattached) wall shall observe a minimum side yard setback of ten (10) feet.
b.
The front wall of the attached units shall not form long, unblocked lines of row housing, but shall be staggered at the front building line.
c.
Not more than six (6) contiguous single-family units shall be built in a row.
d.
The minimum lot width for the portion of the lot on which the single family unit is to be constricted shall be thirty (30) feet. A lot shall have no less than three thousand (3,000) square feet.
e.
Buildings within a single development shall be at least twenty (20) feet apart.
(Ord. No. 20-0913, 2-23-21)
Sexually oriented theaters are subject to supplementary district regulations in article IV, division 3.
(Ord. No. 20-0913, 2-23-21)
Truck and bus terminals are allowed in the C1 district provided than to part of the principal building is located closer than one hundred fifty (150) to and residential district, that no noise or air pollution be associated with the use, and that facilities do not create any safety hazards or nuisances as a result of their operation.
(Ord. No. 20-0913, 2-23-21)
Public facilities, to include water towers and utility substations, are allowed subject to the following standards:
a.
No storage of vehicles or equipment outside fencing.
b.
Sites should be selected where topography minimizes visual effects to surrounding properties.
c.
A natural landscape buffer of twenty-five (25) feet shall be required between site and any developed parcel.
d.
A natural landscape buffer of sixty (60) feet shall be required between site and any undeveloped parcels. The buffer of 60 feet shall be permanent regardless of any future development.
e.
All landscape buffers must remain in a natural state with mature trees.
f.
Fencing around structure in accordance with town ordinance shall be required.
(Ord. No. 20-0913, 2-23-21)
Warehouse or other storage facilities are allowed in the C1 and PL districts provided:
1.
There is no open storage of junk OR
Salvage materials of any type in conjunction with the operation.
2.
Shall be located a minimum of one hundred fifty (150) feet from any residential zoning district.
(Ord. No. 20-0913, 2-23-21)
- DISTRICT AND USE REGULATIONS
Editor's note— Ord. No. 19-0900, adopted August 27, 2019, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included as Division 10.5, §§ 17-392—17-392.5
Editor's note— Ord. No. 20-0913, adopted February 23, 2021, amended Division 11 in its entirety to read as herein set out. Former Division 11, §§ 17-393—17-396.6, 17-396.11—17-396.13, 17-396.19—17-396.26, 17-396.30—17-396.42, pertained to similar provisions, and derived from Prior Code; Ord. No. 13-0743, April 23, 2013; Ord. No. 15-0800, April 28, 2015; Ord. No. 15-0812, October 27, 2015; Ord. No. 16-0820, February 9, 2016; Ord. No. 17-0856, November 14, 2017; Ord. No. 18-0874, October 23, 2018; Ord. No. 19-0884, February 12, 2019; Ord. No. 19-0900, August 27, 2019.
Except as may be otherwise provided in this chapter, no building or land shall hereinafter be used and no building or part thereof shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the regulations specified in this article for the district in which it is located.
(Ord. No. 18-0874, 10-23-18)
For the purpose of this chapter, the town is hereby divided into eleven (11) zoning districts as follows:
(1)
R-1 low density residential district.
(2)
R-2 medium density residential district.
(3)
R-3 high density and accommodations residential district.
(4)
C-1 highway commercial district.
(5)
C-2 central business district (commercial).
(6)
C-3 amusement commercial district.
(7)
C-4 entertainment district.
(8)
MU mixed use district
(9)
PD planned development district.
(10)
MP manufactured home park district.
(11)
PL public land district.
The individual districts may be cited by full title, e.g. R-1 low density residential district, or by abbreviated reference, e.g. R-1 district
(Ord. No. 18-0874, 10-23-18; Ord. No. 19-0900, 8-27-19)
(a)
The boundaries of the zoning districts established by this chapter are shown on the official zoning map entitled the "Zoning Map of the Town of Surfside Beach South Carolina". This map shall be identified by the signature of the mayor, attested by the town clerk, and maintained at Town Hall. The official zoning map and all amendments, certifications, citations, and other matters entered on to the official zoning map are hereby made a part of this chapter and have the same legal effect as if fully set out herein. No change of any nature shall be made to the official zoning map or matters shown thereon except in conformity with the procedures set forth by this chapter.
(b)
Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines of streets, highways, alleys, or public utility easements shall be construed to follow such lines.
(2)
Boundaries indicated as approximately following platted lot or tract lines shall be construed as following such lines, whether public or private.
(3)
Boundaries indicated as approximately following the town limit line shall be construed as following such town limit.
(4)
Boundaries indicated as following the center lines of natural barriers such as marshes and streams, shall be construed to follow such center lines.
(5)
If distances are not specifically indicated on the official zoning map, or if other circumstances are not addressed by parts (1) through (4) above, the boundaries shall be determined by the use of the scale of such map.
(6)
All questions involving district boundaries, as illustrated on the official map, shall be submitted to the code enforcement official for a determination. Any appeal of a determination by the code enforcement official is made to the board of zoning appeals as provided by this chapter.
(Ord. No. 18-0874, 10-23-18)
Parcels within the zoning districts created by this chapter are subject to dimensional and density standards including, but not limited to: lot size, lot width, setbacks and required yards, building height, coverage maximums, and limitations on the number of dwelling units per lot or acre. These dimensional and density standards are set out in the text of this chapter and are provided in summary form in Table 17-303 below:
(Ord. No. 18-0874, 10-23-18; Ord. No. 19-0884, 2-12-19; Ord. No. 19-0900, 8-27-19)
The intent of the provisions of this division is to: (1) provide for quiet, livable low density single-family neighborhoods; (2) prohibit the establishment of incompatible land uses; (3) disallow any other use which would substantially interfere with the development or continuation of single-family dwellings in the district; and (4) encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this division.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the R-1 district in accordance with the use regulations of division 11 of the article.
The minimum size of lots in the R-1 low density residential district is nine thousand (9,000) square feet.
The minimum width of lots at the building line in the R-1 low density residential district is seventy-five (75) feet.
The yard setback requirements in the R-1 low density residential district are as follows:
(1)
Front yard setback: Twenty-five (25) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Ten (10) feet.
The maximum building height in the R-1 low density residential district is thirty-five (35) feet.
On any lot within an R-1 low density residential district, the area occupied by all buildings including accessory buildings, shall not exceed thirty (30) percent of the total area of such lot. The maximum impervious coverage on any lot within the R-1 district shall not exceed forty (40) percent of the total area of such lot.
The intent of the provisions of this division is to: (1) Provide an area for medium density residential neighborhoods; (2) Encourage the use of land for residential purposes; and (3) Prohibit any use which would substantially interfere with the development or the construction of residential development.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the R-2 medium density residential district in accordance with the use regulations of division 11 of this article.
The minimum size of lots in the R-2 minimum density residential district is six thousand (6,000) square feet.
The minimum width of lots at the building line in the R-2 medium density residential district is sixty (60) feet.
The yard setback requirements in the R-2 medium density residential district are as follows:
(1)
Front yard setback: Twenty-five (25) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Ten (10) feet.
The maximum building height in the R-2 minimum density residential district is thirty-five (35) feet. The minimum roof pitch required in the R-2 district shall be 6/12.
On any lot within an R-2 medium density residential district, the area occupied by all buildings including accessory buildings, shall not exceed thirty (30) percent of the total area of such lot. The maximum impervious coverage on any lot within the R-2 medium residential district shall not exceed forty five (45) percent of the total area of such lot.
The floor area ratio shall not exceed four-tenths (0.4) for any two-family (duplex) dwelling within the R-2 medium density residential district.
It is the intent of the provisions of this division to: (1) provide for high density seasonal type growth; (2) encourage development and continued use of land for high density residential and accommodations purposes; and (3) prohibit incompatible land uses that would interfere with the character of the district.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the R-3 district in accordance with the use regulations of division 11 of this article.
The minimum lot size in the R-3 high density residential and accommodations district is three thousand (3,000) square feet. This is the minimum lot size for a single-family attached or semi-attached dwelling unit. The minimum size lot for a single-family detached dwelling unit is thirty thousand six hundred (3,600) square feet and the minimum size lot with a two-family structure or for a single-family dwelling unit with an accessory dwelling unit is six thousand (6,000) square feet. The minimum lot size for multifamily uses is provided in Table 17-332.
The minimum width of lots at the building line in the R-3 high density residential and accommodations district is thirty (30) feet for single-family uses (detached, semi-attached, and attached), sixty (60) feet per lot for two-family uses (duplex), and thirty (30) feet for all other lots and uses.
The yard setback requirements in the R-3 high density residential and accommodations district are as follows:
(1)
Front yard setback: Twenty (20) feet.
(2)
Rear yard setback: Fifteen (15) feet.
(3)
Side yard setback: Five (5) feet for detached, single-family buildings up to fifty-five (55) feet high, ten (10) feet for all others.
The maximum building height in the R-3 high density residential and accommodations district is fifty-five (55) feet.
Multifamily dwellings are permitted provided they meet the following densities:
On any lot within an R-3 high density and accommodations residential district, the area occupied by all buildings including accessory buildings, shall not exceed forty (40) percent of the total area of such lot. The maximum impervious coverage on any lot within the R-3 district shall not exceed fifty (50) percent of the total area of such lot.
The intent of the provisions of this division is to: (1) Provide compatible locations to serve the automobile oriented commercial activities in harmony with major highway developments; (2) Reduce traffic congestion; and (3) Enhance the aesthetic atmosphere of the town.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the C-1 district in accordance with the use regulations of division 11 of the article.
The minimum size of lots in the C-1 highway commercial district fronting on U.S. Highway 17 (including all frontage roads) is ten thousand (10,000) square feet. The minimum size of lots fronting on streets other than U.S. Highway 17 is five thousand (5,000) square feet.
The minimum width of lots at the building line in the C-1 highway commercial district fronting on U.S. Highway 17 (including all frontage roads) is seventy-five (75) feet. The minimum width of lots at the building line on streets other than U.S. Highway 17 is fifty (50) feet.
(a)
The yard setback requirements in the C-1 highway commercial districts for uses fronting on U.S. Highway 17 (including all frontage roads) are as follows:
(1)
Front yard setback: Seventy-five (75) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Zero (0) feet.
Access to rear of commercial buildings and uses by a drive aisle or an unobstructed side yard setback of at least twenty (20) feet shall be provided on all lots in the C-1 highway commercial district. The code enforcement official may reduce the side yard requirement to ten (10) feet when a combined unobstructed side yard of twenty (20) feet is provided by two (2) abutting property owners.
(b)
The yard setback requirements for lots fronting on streets other than U.S. Highway 17 are as follows:
(1)
Front yard setback: Seventy-five (75) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Zero (0) feet.
Access to rear of commercial buildings and uses by a drive aisle or an unobstructed side yard setback of at least twenty (20) feet shall be provided on all lots in the C-1 highway commercial district except where the property is developed strictly for one-family and two-family residential buildings. The code enforcement official may reduce the side yard requirement to ten (10) feet when a combined unobstructed side yard of twenty (20) feet is provided by two (2) abutting property owners.
The maximum building height in the C-1 highway commercial district is fifty-five (55) feet.
The intent of the provisions of this division is to: (1) Establish and preserve the C-2 central business district for commercial uses focused on pedestrians; and (2) concentrate comparative shopping and professional or service operations in centrally located areas.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the C-2 district in accordance with the use regulations of division 11 of the article.
There is no minimum size of lots in the C-2 central business district.
There is no minimum lot width at the building line in the C-2 central business district.
There are no yard setback requirements in the C-2 central business district.
The maximum building height in the C-2 central business district is thirty-five (35) feet.
The intent of the provisions of this division is to allow for the mixing of certain specified land uses in the community where both accommodations and limited business uses are competing for land and accelerated transition is in evidence.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the C-3 district in accordance with the Use Regulations of Division 11 of the article.
The minimum size of lots in the C-3 amusement commercial district is five thousand (5,000) square feet.
The minimum width of lots at the building line in the C-3 amusement commercial district is sixty (60) feet.
The yard setback requirements in the C-3 amusement commercial district are as follows:
(1)
Front yard setback: Twenty (20) feet.
(2)
Rear yard setback: Ten (10) feet.
(3)
Side yard setback: Side setback five (5) feet for two and one-half (2.5) story buildings up to fifty-five (55) feet high, ten (10) feet for all others.
The maximum building height in the C-3 amusement commercial district is fifty-five (55) feet.
The intent of the provisions of this division is to provide a unique set of commercial uses for a small portion of commercial area around the town owned pier. This district should promote and encourage entertainment opportunities for all ages in a family friendly setting.
(Ord. No. 18-0874, 10-23-18)
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the entertainment district in accordance with the use regulations of division 11 of the article. Uses not specifically listed as permitted uses, conditional uses or special exceptions shall not be permitted.
(Ord. No. 18-0874, 10-23-18)
The minimum size of lots in the entertainment district is three thousand (3,000) square feet.
(Ord. No. 18-0874, 10-23-18; Ord. No. 18-0884, 2-12-19)
The minimum width of lots at the building line in the entertainment district is thirty (30) feet.
(Ord. No. 18-0874, 10-23-18)
The yard setback requirements in the entertainment district are as follows:
(1)
Front yard setback: Zero (0) feet.
(2)
Rear yard setback: Zero (0) feet.
(3)
Side yard setback: Zero (0) feet.
(Ord. No. 18-0874, 10-23-18)
The maximum building height in the entertainment district is fifty-five (55) feet.
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 or building appendages whichever is greater.
(Ord. No. 18-0874, 10-23-18)
A stormwater management plan shall be designed and submitted meeting the requirements set forth in chapter 14, article III of the Town's Code of Ordinances.
(Ord. No. 18-0874, 10-23-18)
The intent of the provisions of this division is to: (1) Provide an area of transition between the town's residential districts and areas of more intense commercial activity; and (2) Encourage the integration of residential uses with compatible cultural, civic, and lower intensity commercial uses. It is further the intent of this division that the arrangement of the MU district should include three (3) or more contiguous lots having common street frontage or one (1) or more larger tracts suitable for future subdivision.
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the MU mixed use district in accordance with the use regulations of division 11 of the article.
The minimum size of lots in the MU mixed use district is as follows:
The minimum width of lots at the building line in the MU mixed use district is fifty (50) feet.
The yard setback requirements in the MU mixed use district are as follows:
(1)
Front yard setback: Twenty-five (25) feet.
(2)
Rear yard setback: Twenty (20) feet.
(3)
Side yard setback: Five (5) feet for single-family detached dwellings and ten (10) feet for all other uses.
The maximum building height in the MU mixed use district is thirty-five (35) feet. The minimum roof pitch required in the MU district shall be 6/12.
On any lot within a MU mixed use district, the area occupied by all buildings including accessory buildings shall not exceed forty (40) percent of the total area of such lot. The maximum impervious coverage on any lot within the MU mixed use district shall not exceed fifty (50) percent of the total area of such lot.
Uses and lots within the MU district are subject to the following standards:
(1)
Parking. Off-street parking provided for any use or lot shall not exceed twenty (20) spaces. Parking facilities, excluding driveways and drive aisles, shall not be located in a required front yard.
(2)
Buildings devoted to permitted nonresidential uses, as provided in Table 17-395, shall not exceed three thousand (3,000) square feet in floor area. When a building contains a mixture of commercial and residential uses, the floor area of a building shall not exceed five thousand (5,000) square feet.
(3)
Excluding outdoor dining, produce markets, and temporary uses as provided in section 17-208, the storage, display, or sale of merchandise shall be conducted in an enclosed building.
(4)
All nonresidential uses and activities shall be limited to operating between the hours of 7:00 a.m. to 10:00 p.m.
It is the intent of the planned development district to encourage flexibility in the development of land in order to promote its most appropriate use; to improve design, character and quality of new development; to facilitate the provision of streets and utilities; and to preserve the natural and scenic features of open areas.
Any area may be zoned as a planned development district if two (2) or more of the following conditions are met:
(1)
More than one (1) principal land use is proposed for development on a parcel under single or multiple ownership or management.
(2)
Separate land uses, which would not otherwise be permitted to locate within the same zoning district are proposed for development on one (1) or more adjacent parcels under single or separate ownership or management.
(3)
Exceptions or variations to the site or design and dimensional requirements of the chapter are essential to the project.
Any request pertaining to the establishment of a planned development (PD) zoning district or changes to an existing PD district shall be considered an amendment to the zoning ordinance and be administered and processed accordingly. All data pertaining to the conceptual plat for a planned development, section 17-374, shall be submitted to the planning commission for review, public hearing, and recommendation, then forwarded to town council for final action. If approved by the town council, all information pertaining to the proposal shall be adopted as an amendment to the zoning ordinance, as the standards of development for that particular planned development district. Revised conceptual plats shall be submitted to the planning commission for review in accordance with section 17-375. Final plats for each phase shall be submitted to the planning commission for their review and approval provided that the final plats are in accordance with the approved conceptual plat. If the owner or developer is not in agreement with the planning commission's findings, they may request approval from the town council. A building or zoning permit shall not be issued for construction until a final plat for the PD phase in which the permit is being requested has been submitted to and approved by the planning commission or by the town council.
The time established for the final planned development district (PD) survey, to be duly recorded in and authenticated by the County of Horry, SC, shall be thirty (30) days from the approval date of the PD by the Town of Surfside Beach Council. The thirty-day filing time only applies to development specifically categorized as a "PD" and has been processed and approved by the planning commission and town council as a "PD".
All changes to an approved planned development (PD) shall require another public hearing, planning commission review, and approval by town council, and shall be treated as an amendment to the ordinance.
(a)
Site plan—Sheet 1. Location map; ownership patterns; property dimensions; location of structures; types of uses; phases and timetables; number of units per phase; acreages (total and per phase);
(b)
Ingress and egress; yard requirements; lot sizes; street layout; parking; screening, buffers and borders; off-street loading facilities; building heights; public access and recreation; open space (active or passive); density; number of units per building; general layout of sidewalks or pathways; and graphics (north arrow, scale-written and graphic, engineers signature and date of field survey).
(c)
Environmental plan—Sheet 2. Contours; drainage plan; flood prone areas; marsh areas or wetlands; tree plan and other principal geographic features.
(d)
Utilities plan—Sheet 3. Layout and easements for utilities including water, sewer, gas, electricity, telephone and cable.
Before any permits may be issued, the developer shall submit final plats for review and approval to the planning commission. The final plats shall contain the following information:
(1)
Site plan—Sheet 1. Location map; location of structures; phases of development and timetables; acreages (total and per phase); property dimensions of phase development; ingress and egress (dimensions, acceleration and deceleration lanes and ingress and egress points); yard requirements (distance between buildings, distance of buildings from street, distance from easements and distance from off-street parking); lot sizes; street layout (street names, proximity of dwelling units, relationship to street patterns, right-of-way widths, paving widths, type of streets, directional arrows, type of pavement, street jogs, location of intersections and statement on traffic speed); size of structures (exact dimensions, height and number of units/building); screening buffers, etc.; off-street loading (relationship to commercial and public facilities); public access and recreation-open space (dimensions and locations, proximity to streets and buildings, relationship to streets and buildings and type of recreation area); density (number of units per phase, number of units per acre and overall density); final layout of sidewalks/pathways (width, type of material and relationship to public street); location and size of all signs; graphics (north arrow, name of developer, name of development, scale, adjoining property owners and uses, engineers signature, date of field survey and dimensions, bearings, angles and reference points).
(2)
Environmental plan—Sheet 2. Contours; drainage plan; floodprone areas; marsh areas or wetlands; tree plan and other principal geographic features; dumpster locations; and erosion control methods.
(3)
Utilities plan—Sheet 3. Layout and easements for utilities including water, sewer, gas, electricity, telephone and cable.
(4)
Exterior appearance—Sheet 4.
(5)
Other information required by the planning commission—Sheet 5. Construction timetable with proposed start and completion dates.
If the approved planned development project has not begun within one (1) year of its approval date by town council, the planning commission or town council may initiate a map and text amendment to cause the reversion of the property to its previous zoning classification. For purposes of this section, "begun" shall be evidenced by the approval of the preliminary plat and having construction of infrastructure under contract.
Any use proposed by the developer and considered by the planning commission and town council as being compatible to other nearby uses within and beyond the district may be permitted in such district, upon approval by the planning commission and town council. A listing of permitted uses within a particular PD district shall be adopted as part of the regulations applying to that district. After approval by the planning commission and town council, the list or portions thereof shall be adopted as part of the regulations applying to that particular PD district. Thereafter, the uses permitted in the district shall be restricted to those listed, approved, and adopted.
In order to qualify for a planned development district classification, a proposed planned development must first meet the following minimum requirements:
(1)
The site must be a minimum of one (1) acre in size.
(2)
The area proposed shall be in one (1) ownership, or if in several ownerships, the application for amendment to this chapter shall be filed jointly by all of the owners of the properties in the plan.
(3)
Comply with article IV of this chapter and chapter 14, flood damage prevention.
(a)
Overall site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes of structures, street patterns, and use relationships. There shall be a variety in building types, heights, and facades.
(b)
Densities per acre for residential dwelling units for each PD district shall not exceed those specified in the Surfside Beach Comprehensive Plan.
(c)
Accessory dwellings (i.e. garage apartments and guest houses) shall be allowed but the total number shall be included in the multifamily quota for the project.
(d)
Landscaped buffers, berms, berm walls or fences shall be provided along the periphery of a PD. The type and or width of buffer accepted shall depend on the proposed peripheral use and the adjacent land use.
(e)
Areas designated for parking and loading or for traffic ways shall be physically separated from public streets by suitable barriers against unchanneled motor vehicles ingress and egress. Commercial, industrial, institutional, and multifamily uses shall have not more than two (2) access points to any one (1) public street, unless unusual circumstances dictate otherwise. All uses shall be located at least one hundred (100) feet from the intersection of any street center lines and shall be designed in a manner conducive to safe ingress and egress.
(f)
Streets shall be designed to interconnect with other streets when possible. Traditional block patterns are recommended.
(g)
Parking and other requirements for each PD district may be set by town council upon recommendations of the commission. Shared parking is encouraged in mixed-use developments.
(h)
Adjacent nonresidential parking lots shall have internal connections. On-street parking shall be provided near commercial areas (except for Ocean Boulevard).
(i)
Parking areas are encouraged to be located to the rear of structures and shall be screened from public view. Residential parking areas are encouraged to be located to the side or rear of structures.
(j)
Sidewalks and or multiuse paths shall be provided and interconnect with existing sidewalks and multiuse paths. Sidewalks and multiuse paths shall be developed in accordance with the comprehensive plan.
(k)
A minimum of fifteen (15) percent of the gross project area shall be permanently allocated to open space/green space for the gathering of and individual access by all residents of a planned development district (PD), and shall include places for sitting, strolling, social interaction and informal recreation. These areas shall be sited in prominent locations throughout the district. In all developments two and one-half (2½) acres or more, a minimum of ten thousand (10,000) square feet of the required fifteen (15) percent shall be configured as a park and one (1) such park shall be integrated into each designated neighborhood center.
(1)
Proposed additional features not specifically named in the open space/green space definition will be reviewed and approved on a case-by-case basis at initial planned district development (PD) application before the planning commission, with final approval by town council.
(2)
Parks shall be located in all developments over two and one-half (2½) acres in size. They shall be a minimum of ten thousand (10,000) square feet and they shall be designed to allow for community gatherings as well as for the uses anticipated in a square, and at least one (1) park shall be integrated into each designated neighborhood center.
(l)
Street trees shall be planted on both sides of all streets. Planting strips and pedestrian scale street lights shall be provided in appropriate locations.
(m)
Lighting shall be installed and oriented in such a manner as to avoid direct light shining into a residential district.
(n)
Wetlands greater than one-quarter (¼) acre in size do not count toward the minimum site requirements for park and open space dedication, nor can their acreage be counted toward the density calculations for the site.
(o)
While discouraged, private streets are allowed and lots can be fronted on the private streets. Public access is required on all private streets.
A planned development for an amusement park shall meet the general requirements of section 17-378, the following additional minimum requirements, and such other requirements as may be imposed by the town council to insure that the park will not adversely affect adjoining zoning districts or the public:
(1)
Permitted activities may include entertainment rides, water slides, ball batting, miniature golf, driving range, amusement device arcade, bowling, billiards, bumper boats, go-carts, kiddie rides not exceeding eighteen (18) feet in height and forty-five (45) feet in diameter, or other similar devices or activities compatible with the district.
(2)
"Hard rides" other than permitted kiddie rides, controlled by someone other than the participant, such as ferris wheels, roller coasters, speed rides, and similar uses are prohibited.
(3)
No structure used for amusement and no principal building shall be placed within two hundred (200) feet of a property line contiguous to a residential zoning district.
(4)
No alcoholic beverages, beer, or wine shall be sold or consumed on the premises.
(5)
All lighting shall be installed and oriented in such a manner as to avoid direct light shining into a residential zoning district.
(6)
A landscaped hedge or fence shall be provided along the property line adjacent to any residential zoning district and shall be a minimum of twelve (12) feet in height or such height as may be necessary to effectively block the view from a residential district.
(7)
A minimum of twenty (20) percent of the usable and improved park land area shall be reserved for vehicular parking.
(8)
Internal combustion engines or similar devices shall not exceed five (5) horsepower or equivalent, and no device shall be permitted which produces a noise level exceeding seventy (70) decibels at a distance of fifty (50) feet.
(9)
No fireworks shall be sold or discharged on the property.
(10)
No entrance or exit to the park through a residential zoning district shall be permitted.
(11)
Amusement device arcades in the park shall be operated from within completely enclosed and walled buildings, and no cash awards shall be permitted for any game in the park.
(12)
All activity, noise, and lights within the park must cease between 10:00 p.m. and 6:00 a.m. local time, except for park maintenance and cleanup, low-level security lighting and security personnel. No guard dogs shall be permitted.
It is the intent of the provisions of this division to: (1) Provide a sound and healthy residential environment sufficient to meet the unique needs of inhabitants living in manufactured homes; (2) Protect manufactured home parks from encroachment by incompatible uses; and (3) Encourage the consolidation of manufactured homes into parks.
Manufactured home parks are permitted in the manufactured home district provided a manufactured home development plan is presented that contains the following:
(1)
Site plan showing general location of use, plan and dimension of each building or structure to be constructed, and the proposed location of each manufactured home unit;
(2)
The location, dimension, and arrangement of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, pedestrian ways, roads, streets, and sidewalks with dimensions;
(3)
Location and type of all utilities;
(4)
Traffic circulation;
(5)
Drainage;
(6)
Parking; and
(7)
Location and size of signs.
The yard setbacks of the MP manufactured home park district are as follows:
(1)
Minimum side yard: No less than fifteen (15) feet for each side, except when the side lot line of the park abuts any residential zoning district, a minimum side yard of thirty (30) feet will be required.
(2)
Minimum rear yard: Same as side yard.
(3)
Minimum of ten (10) feet front yard.
The minimum size of a manufactured home park is five (5) acres. Each individual manufactured home space shall consist of not less than five thousand (5,000) square feet of clearly defined area and provide fifty (50) feet of frontage on a road.
Each manufactured home park shall contain a minimum of two thousand five hundred (2,500) square feet set aside for common recreational open space or at least one hundred (100) square feet of space for each manufactured home whichever is greater.
No more than eight (8) manufactured homes per acre are permitted within a manufactured home park.
The maximum impervious coverage within any manufactured home park shall not exceed sixty (60) percent of the total lot area.
All manufactured home units placed within the manufactured home park district after the effective date of this section shall meet the following standards:
(1)
Manufactured homes shall bear certification of compliance with the Federal Manufactured Housing Construction and Safety Standards Act. The placement of a mobile home, as defined by this chapter, is prohibited within the town limits of Surfside Beach;
(2)
All manufactured homes shall be no more than five (5) years old (model years) at the time of permitting;
(3)
The tongue or other similar device must be removed or fenced, blocked, or by other means made not visible from the street;
(4)
Steps meeting the applicable requirements of the International Residential Code (IRC) must be placed at every means of egress or ingress;
(5)
Manufactured homes must be anchored in accordance with the requirements of the IRC and shall be underpinned and skirted in a manner which completely conceals the undercarriage; and
(6)
Manufactured homes shall require a zoning permit prior to placement. The code enforcement official shall require documentation necessary to ensure conformance with the requirements of this division.
The intent of the provisions of this division is to establish and preserve areas for the use of certain public purposes with the intent of being harmonious with surrounding districts and uses.
(Ord. No. 19-0900, 8-27-19)
Uses are allowed by right, are allowed as conditional uses, may be permitted as special exceptions, or are prohibited in the PL district in accordance with the Use Regulations of Division 11 of the article.
(Ord. No. 19-0900, 8-27-19)
The minimum lot size for the PL district is three thousand (3,000) square feet.
(Ord. No. 19-0900, 8-27-19)
The minimum width of lots at the building line in the PL public land district is thirty (30) feet.
(Ord. No. 19-0900, 8-27-19)
Setback requirements shall be:
(1)
Front: Zero (0) feet.
(2)
Sides: Zero (0) feet.
(3)
Rear: Zero (0) feet.
Public parking lots shall be permitted at zero (0) setbacks.
Except where abutting a residentially zoned district. In that case no structure shall be placed closer than seventy-five (75) feet from any residentially zoned property line. Public buildings and uses including courts of law, parole or probation offices, warehouses and storage facilities shall be located no closer than one hundred fifty (150) feet from any residentially zoned property line.
(Ord. No. 19-0900, 8-27-19)
The maximum building height in the PL public land district is thirty-five (35) feet.
(Ord. No. 19-0900, 8-27-19)
It is recognized that various types of land uses will develop and that different forms of land uses will seek to locate within the town. In order to provide for this occurrence, a determination of the appropriate classification for all uses of land shall be made as follows:
(1)
All questions concerning the classification of uses shall be referred to the code enforcement official for an interpretation of this chapter. The referral of the use classification question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, storage and the amount thereof, anticipated employment, types of products, transportation requirements, and any additional information determined necessary by the planning director or designee in classifying the proposed use.
(Ord. No. 20-0913, 2-23-21)
NOTE: Yellow text highlights indicate changes to the text recommended by staff after PC. Highlighted texts are for convenience only, and will be removed upon codification.
Each table looks similar to this example below:
• First column lists general groupings (e.g. Residential Dwelling Types for the category listed in the column header.
• Second column lists specific uses.
• Middle columns represent each Town of Surfside Beach zoning district with a use code.
The letter (use) codes are as follows:
•
The "Applicable Standards" column gives sections of the code that cross reference the use specific conditions for the conditional "C" approved uses.
•
The "Design Overlay Applicable Article" indicates the use is or is not required to meet the Town of Surfside Beach Design Overlay Standards. If blank, the Design Overlay does not apply. If the Design Overlay does apply the article number for the specific design overlay is listed for cross reference.
•
The "Parking Code" indicates the code (e.g. A, B, C) required for the use and indicates the table reference to find the requirement.
•
Appeals from the determination of the planning director or designee are made to the board of zoning appeals pursuant to Section 17-223 of this chapter.
•
If a use is not explicitly listed it shall not be permitted within a zoning district. Any applicant wishing to operate or establish a use not listed as permitted shall pursue an amendment to the ordinance through and by Section 17-202 of this chapter.
(Ord. No. 20-0913, 2-23-21)
(Ord. No. 20-0913, 2-23-21)
In addition to the district and supplemental requirements imposed on lands and uses by this chapter, the following conditions shall apply in any zoning district where a use is allowed as a conditional use or special exception as shown in Table 17-395.
(Ord. No. 20-0913, 2-23-21)
Excluding residential uses, these uses denoted as a conditional use or special exception by Chart 17-395 within the C1 district are subject to the following requirements:
The listed uses are permitted in the C1 highway commercial district provided that no part of the principal building is located closer than one hundred fifty (150) feet to any residential district, that no noise or air pollution be associated with the use, and that facilities do not create any safety hazards or nuisances as a result of their operation.
(Ord. No. 20-0913, 2-23-21)
Retail pet shops, boarding facilities, animal hospitals, and veterinary clinics are allowed in the C1 district provided all boarding arrangements are maintained within a building or courtyard and no noise connected with the operation of the facility is discernable beyond the premises. Retail pet shops, pet grooming, and pet training facilities are permitted in the C2 district with rear courtyards. No noise connected to the operation of the facility shall be discernable beyond the premises.
(Ord. No. 20-0913, 2-23-21)
Automobile services stations are allowed in the C1 district provided that:
a.
All fuel pumps and/or roof coverings for fuel pumps shall be set back a minimum of at least twenty-five (25) feet from the right-of-way of any street;
b.
No part of the principal building or pumps is located within one hundred fifty (150) feet of any residential district;
c.
No more than five (5) vehicles may be stored within one hundred fifty (150) feet of ant residential district;
d.
All vehicles stored overnight in open view of public streets and/or adjoining properties are currently licensed, in operable condition; and,
e.
All wrecked or disabled vehicles awaiting body or fender repair or legal disposition following an accident are currently licensed, except those waiting for legal disposition, and are stored in an area separated from adjoining properties and public streets by a planting screen, a fence with staves, or a wall at least six (6) feet, but not to exceed eight (8) feet, in height to effectively block the public view.
(Ord. No. 20-0913, 2-23-21)
A dwelling unit with a separate means of ingress and egress, contain separate kitchen, bathroom, and sleeping facilities that is (1) physically attached to or contained within an existing owner occupied single family home or (2) occupies the second story of an existing garage or (3) an accessory building on the same lot of an owner occupied single family home. Accessory dwelling units shall not exceed a total of eight hundred fifty (850) square feet.
(Ord. No. 20-0913, 2-23-21)
Upper story dwellings are allowed in the C-2 district provided that:
a.
Permitted on the 2 nd story or above; in no instance shall residential be allowed in the 1 st floor;
b.
Non-residential uses shall not be permitted above a residential use on the same lot;
c.
Utility equipment (electrical boxes, communication equipment and all other mechanical or utility equipment) shall be located on the side or rear of building and not visible on the front façade.
d.
Shall provide complete, independent living facilities for one (1) or more persons, which include provisions for living, sleeping, eating, cooking and sanitation.
e.
Shall provide a separate entrance to the residential unit.
f.
All upper story dwelling units shall be a minimum of six hundred (600) square feet in gross floor area.
g.
On-site parking shall be provided in the rear of same property at one (1) space per bedroom.
(Ord. No. 20-0913, 2-23-21)
The listed uses are permitted in the PL public land district provided that no part of the principal building is located closer than one hundred fifty (150) feet from any residential district that no noise or air pollution be associated with the use, and that facilities do not create any safety hazards or nuisances as a result of their operation.
(Ord. No. 20-0913, 2-23-21)
Properties zoned Public Land shall house only publicly owned or leased buildings and/or accessory uses and shall meet the minimum standards established for the district herein. If property is leased by a publicly owned agency the property shall revert back to the underlying zoning after lease has expired.
(Ord. No. 20-0913, 2-23-21)
Use is allowed in the C-1 and PL district provided:
1.
Use is located on properties fronting on Sandy Lane. No portion of the use shall be located on properties contiguous to the town's frontage road or Highway 17.
2.
If use (other than warehouse, mini storage or other storage facilities) includes outdoor storage of any kind a fence with a minimum height of six (6) feet shall be provided and effectively block the public view.
3.
Any use of noxious or offensive odors, dust, noise, fumes, or vibrations shall be prohibited.
4.
Warehouse, mini storage or other storage facilities shall:
a.
Be used for dead storage only.
b.
The storage of flammable or hazardous chemicals, explosives, and containers of such materials shall be prohibited.
c.
Auctions, commercial, wholesale, retail, miscellaneous or garage sales shall be prohibited.
d.
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment shall be prohibited inside or outside the mini storage units.
e.
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment shall be prohibited.
f.
Open storage of any item including but not limited to boats, vacant trailers, and recreation vehicles, automobiles, or any other type of motorized vehicle shall be prohibited.
(Ord. No. 20-0913, 2-23-21)
Massage therapy/massage parlor/body therapy shall not be permitted as a principal use in any zoning district. Massage therapy/massage parlor/body therapy shall be approved only as an accessory/incidental use as provided for in this ordinance. Notwithstanding any conflicting provisions of this ordinance any business which was lawfully performing such services in the town immediately before the effective date of this ordinance that is thereafter in violation of this section shall be deemed a nonconforming use. Existing nonconforming massage therapy/massage parlor/body therapy shall be permitted to continue until such time as the current business license becomes invalid abandonment as defined in this article or one (1) year form the effective date of this article whichever comes first. Massage therapy/body therapy shall be permitted as an accessory/incidental use only inside state licensed hair salons, health care establishments engaging in the science and art of preventing, curing or alleviating disease, including medical, surgical, psychiatric, chiropractic and osteopathic offices but excludes gyms, health clubs, dental offices and veterinary clinics, and associated uses.
In addition to the above requirements all massage therapy/body therapy shall meet all requirements set forth in the SC Code of Laws Title 40—Professions and Occupations; Chapter 30 Massage/Bodywork Practice Act as required by state law. A copy of the current state license from the South Carolina Labor, License and Regulations (LLR) for massage/bodywork therapy must by presented prior to zoning approval.
(Ord. No. 20-0913, 2-23-21)
Transient rentals, also known as a short term rentals are permitted in the R3 and C3 zoning districts and are defined as a dwelling or other accommodation used as a dwelling or other place of human habitation with sleeping accommodations which is rented, lease, or subleased for periods less than a calendar month or thirty (30) days. Long term rentals are permitted in all zoning districts allowing residential uses. Long term rentals defined as three hundred sixty five days (365) or longer.
(Ord. No. 20-0913, 2-23-21)
Body piercing is allowed as a conditional use, subject to the following standards:
The Town of Surfside Beach declares that it is unlawful to perform body piercing on persons under the age of eighteen (18) years without the in person consent of a parent or legal guardian. Body piercing involves an invasive procedure by which the human body is penetrated creating the opportunity for the transmission of infection and disease. The premises upon which body piercing is performed and the equipment to be used must, in the interest of the health and welfare of the public, be maintained in a sanitary and sterile condition to prevent the spread of infection and disease. The conduct of body piercing as an accessory use to most common commercial businesses is not consistent with the emphasis on sanitary and sterile conditions which appears to be necessary to address the health, safety and welfare of the public.
a.
Body piercing shall not be permitted as a principal use only as provided in this ordinance. Notwithstanding any conflicting provisions of this ordinance any business performing body piercing which was lawfully performing such services in the town immediately before the effective date of this ordinance that is thereafter in violation of this section shall be deemed a nonconforming use. Any such business that is lawfully performing such services in Horry County immediately before it is annexed into the town and is thereafter in violation of this ordinance shall also be deemed a nonconforming use. Any use found to be nonconforming by application of this ordinance shall be permitted to continue for a period not to exceed six (6) months from the initial date of nonconformity.
b.
Body piercing shall be permitted as an accessory use only inside state licensed health care establishments engaged in the science and art of preventing, curing or alleviating disease, including medical, surgical, psychiatric, chiropractic and osteopathic, and dental hospitals, clinics and offices; but excluding gymnasiums, health clubs, veterinary clinics, and associated uses.
(Ord. No. 20-0913, 2-23-21)
In the town's residential districts, churches, synagogues, mosques, convents, monasteries, and similar religious uses are allowed provided that any structure connected, shall be placed no closer than seventy-five (75) feet from any residential property line. This requirement does not apply to church-related activities as defined by § 6-29-715 of the South Carolina State Code of Laws.
(Ord. No. 20-0913, 2-23-21)
Where allowed as a conditional use, communication towers shall meet the following requirements:
a.
Communication towers and associated improvements shall meet all applicable zoning district, and applicable landscape tree protection requirements. Communication towers are allowed in the C-1 zoning district provided they are located west of U.S. Highway 17; and communication towers may be located on existing towers or existing structures that currently have towers east of U.S. Highway 17 provided the towers do not exceed the height of the existing structure by more than thirty (30) feet. In this area the town encourages the location of towers on publicly owned land such as water tanks;
b.
The height of the towers must not exceed two hundred (200) feet measured from grade;
c.
The proposed tower must be located that adequate setbacks are provided on all sides to prevent the tower's fall zone from encroaching onto adjoining properties (the fall zone determined by an engineer certified in the State of South Carolina in affidavit form which includes the engineers signature and seal);
d.
The tower shall not be located within one thousand (1,000) feet of another communication tower. (This does not apply to tower facilities that collocate);
e.
The applicant has attempted to collocate on existing communication towers, buildings currently have towers, or other structures and the applicant is willing to allow other users to collocate on the proposed tower in the future subject to engineering capabilities on the structure, frequency consideration, and proper compensation from the additional user. No conditional use permit is required when collocating on an existing tower or structure, however, a building permit is required. Towers located on existing structures are preferred to construction of new towers;
f.
The communication tower structures on individual lots must be located no closer to non-commercially zoned lots or residential areas than a distance equal to the height of the tower;
g.
The proposed tower is only illuminated as required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agencies. Night time strobe lighting shall not be incorporated unless required by the Federal Communication Commission, Federal Aviation Administration, or other regulatory agency;
h.
The proposed tower shall not include signage of any nature on any portion of the tower, except for any necessary informational or warning signs related to the safe operation of the tower; and
i.
A communication tower taken out of service must be removed within one hundred twenty (120) days of the date such tower ceases to be used for communication purposes and the site dismantled at the expense of the owner.
Applications shall include the following information:
i.
A scaled certified site plan showing the location of the tower, guy anchors, buildings and other structures or improvements, parking, driveways, fences, etc. Adjacent land uses shall also be noted on the site plan.
ii.
The height and typical design of the tower, typical materials to be used, color, all information required by the building codes, and lighting shall be shown on elevation drawings.
iii.
Documentation indicating that collocation on existing towers or buildings in the vicinity of the proposed tower was attempted by the applicant but found to be unfeasible, with reason noted.
j.
Other information as requested by staff to allow adequate review of approval criteria.
(Ord. No. 20-0913, 2-23-21)
Parking decks shall be allowed as an accessory use in an approved planned development district (PD). In no case shall parking decks be permitted east of Highway 17.
(Ord. No. 20-0913, 2-23-21)
Day cares are allowed subject to the following standards:
a.
Such facility meets the rules and regulations established by the South Carolina Department of Social Services.
b.
A landscaped hedge or fence shall be provided along any rear or side property line. Any such hedge or fence shall be designed and planted to be at least five (5) feet in height and effectively block the public view.
c.
A minimum of one (1) off-street parking space be provided for each three hundred fifty (350) square feet of indoor play and/or instruction space plus adequate off-street loading and unloading space with separate ingress and egress.
(Ord. No. 20-0913, 2-23-21)
Dwelling groups are allowed subject to the following:
a.
In the R-3 district, multiple detached single-family buildings may be located on individual lots provided the lots are at least seven thousand two hundred (7,200) square feet and each unit can meet all the requirements of this chapter. The maximum number of single-family buildings allowed on any one lot is based on one building per three thousand six hundred (3,600) square feet of lot area. There must be a ten-foot separation between the buildings and/or accessory uses.
b.
In the R-3 district, multiple detached dwelling units, to include any combination of single-family, two-family, and multi-family structures, are permitted as a conditional use provided:
1.
The lot must be at least nine thousand six hundred (9,600) square feet in area. The maximum number of dwelling units permitted per lot shall not exceed one single-family dwelling unit per each three thousand six hundred (3,600) square feet of lot area and one two-family dwelling unit per each six thousand (6,000) square feet of lot area. Multi-family dwellings shall not exceed the maximum density allowable per Table 17-332.
2.
Each unit must meet all requirements of this chapter.
3.
There must be ten-foot separation between buildings and/or accessory uses.
c.
In the C-3 districts, multiple detached dwelling units, to include any combination of single-family, two-family, and multi-family structures, may be permitted as a special exception, subject to the following:
1.
The lot must be at least one acre in area and the arrangement of the lot makes future subdivision impractical;
2.
The maximum density for the various residential uses shall not exceed the density permitted within the R-3 district; and
3.
There is a ten-foot separation between the buildings and/or accessory uses.
(Ord. No. 20-0913, 2-23-21)
Fuel or chemical storage may be permitted as a special exception provided in no case shall such storage be located within one hundred (100) feet of a public right-of-way or one hundred fifty (150) feet from any off-premises structure. This classification does not include incidental or accessory storage for otherwise permitted uses such as automobile service stations.
(Ord. No. 20-0913, 2-23-21)
Hotels and motels are allowed in the R3 district provided the lot is contiguous to the Atlantic Ocean.
(Ord. No. 20-0913, 2-23-21)
Lumber yards and sales are allowed in the C1 district provided that all storage is enclosed ion a building or behind a solid six (6) feet fence.
(Ord. No. 20-0913, 2-23-21)
Public land (PL) uses and accessory used contiguous to residentially zoned properties shall be placed no closer than seventy-five (75) feet from any residentially zoned property line. This classification does not include the following public uses: courts of law, correctional institutions or jails, warehouses, and similar uses. Requirements for these type uses can be found in § 17-396.6 of this chapter.
Public parking lots and/or parking areas shall be exempt from setback requirements.
(Ord. No. 20-0913, 2-23-21)
In the town's residential districts, private, trade, and vocational schools are allowed provided that any structure connected therewith shall be placed no closer than seventy-five (75) feet from any residential property line.
(Ord. No. 20-0913, 2-23-21)
Radio and television stations are allowed in the C1 and C2 districts, provided that the transmission tower is not located onsite.
(Ord. No. 20-0913, 2-23-21)
In the C1 and C3 districts, dwelling units are allowed subject to the following standards:
a.
Residential uses or any kind shall be prohibited on the west side of Highway 17 (including the frontage road) and on all parcels having frontage on or adjacent to the east side of Highway 17.
b.
Where residential uses are permitted, the lot size, lot width, frontage, setbacks, and density standards applicable to residential uses within the R3 district shall apply.
c.
Property which has been subdivided or developed to the lot size, lot width, frontage, or density standards applicable to the R3 district may not thereafter be used for nonresidential purposes unless the lot size and dimensional standards of the underlying commercial district are met.
(Ord. No. 20-0913, 2-23-21)
A resort accommodation containing twenty-five (25) for more rental units shall be permitted to establish accessory uses within the principal building provided they are accessible only from an interior court, lobby, or corridor. Said accessory uses shall be limited to drug and sundry shops, florist and gift shops, confectionary stores, newsstands, lounges, restaurants, snack bars, amusement arcades, beach and automobile agencies.
(Ord. No. 20-0913, 2-23-21)
Restaurants and other dining establishments, define as "bona fida engaging primarily and substantially in the preparation and serving of meals" by Title 61, Chapter 6 of the Code of Laws of South Carolina, may include outdoor dining in the C1, C2, C3, E and MU districts subject to the following standards:
a.
Outdoor facilities shall be located on the same parcel as the restaurant or dining establishment.
b.
Outdoor facilities shall be used for seated patrons only.
c.
In the districts permitting the sale or consumption of alcohol in combination with the restaurant use (C1, C2, C3, E, and MU), no outdoor bars for the service of alcohol shall be permitted.
d.
Any restaurant use with open or outdoor dining shall be further subject to the requirements imposed by this Code and state law regulating the licensing, sale, or public consumption of alcohol including, but not limited to, the requirements and restrictions imposed by section 8-95 of this Code.
e.
Except where specifically authorized by this Code, outdoor dining areas shall not be located in any public right-of-way.
f.
Shielding of all lighting so as not to cast undue glare and light onto neighboring properties shall be required.
g.
Control noise, so as not to create a nuisance condition off site.
h.
It shall be the responsibility of the owner of the establishment to prevent its patrons from causing a disturbance on public or private property in the vicinity of the restaurant or dining establishment.
i.
All associated permits from applicable federal, state, and local agencies must be obtained.
j.
In addition to the above requirements, within the MU district, the following shall apply:
1.
Bars, taverns, or other places where alcohol is served shall be prohibited.
2.
No live music or sound produced through electronic speakers shall be permitted.
3.
The capacity of the outdoor facility shall be limited to twenty (20) patrons.
4.
Operation of the outdoor facility shall be limited to the overall hours of operation of the dining establishment but in no event shall the facility be occupied by patrons before 7:00 am or after 12:00 am.
5.
The outdoor facility shall be placed no closer than twenty (20) feet from the nearest edge of the paved surface of a street and no closer than five (5) feet from the nearest edge of a public sidewalk.
(Ord. No. 20-0913, 2-23-21)
Semi-attached single family dwellings where allowed are subject to the following standards:
a.
The side yard setback for the attached interior walls of the structure shall be zero (0) feet. Unless a greater distance is required by the district standards, the exterior (unattached) wall shall observe a minimum side yard setback of ten (10) feet.
b.
The front wall of the attached units shall not form long, unblocked lines of row housing, but shall be staggered at the front building line.
c.
Not more than six (6) contiguous single-family units shall be built in a row.
d.
The minimum lot width for the portion of the lot on which the single family unit is to be constricted shall be thirty (30) feet. A lot shall have no less than three thousand (3,000) square feet.
e.
Buildings within a single development shall be at least twenty (20) feet apart.
(Ord. No. 20-0913, 2-23-21)
Sexually oriented theaters are subject to supplementary district regulations in article IV, division 3.
(Ord. No. 20-0913, 2-23-21)
Truck and bus terminals are allowed in the C1 district provided than to part of the principal building is located closer than one hundred fifty (150) to and residential district, that no noise or air pollution be associated with the use, and that facilities do not create any safety hazards or nuisances as a result of their operation.
(Ord. No. 20-0913, 2-23-21)
Public facilities, to include water towers and utility substations, are allowed subject to the following standards:
a.
No storage of vehicles or equipment outside fencing.
b.
Sites should be selected where topography minimizes visual effects to surrounding properties.
c.
A natural landscape buffer of twenty-five (25) feet shall be required between site and any developed parcel.
d.
A natural landscape buffer of sixty (60) feet shall be required between site and any undeveloped parcels. The buffer of 60 feet shall be permanent regardless of any future development.
e.
All landscape buffers must remain in a natural state with mature trees.
f.
Fencing around structure in accordance with town ordinance shall be required.
(Ord. No. 20-0913, 2-23-21)
Warehouse or other storage facilities are allowed in the C1 and PL districts provided:
1.
There is no open storage of junk OR
Salvage materials of any type in conjunction with the operation.
2.
Shall be located a minimum of one hundred fifty (150) feet from any residential zoning district.
(Ord. No. 20-0913, 2-23-21)