Appendix 534. On-premises consumption of alcohol.

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

A.

Definitions.

(1)

Bar. A building, room or place that serves alcoholic beverages for consumption on-premises. Such establishment must possess a South Carolina Alcoholic Beverage License to sell beer, wine or liquor.

(2)

Restaurant. A commercial enterprise whose primary function is the preparation and serving of foods. Outdoor cafes and delicatessens are to be considered as restaurants. A restaurant can also be considered a bar when alcoholic beverages are served to be consumed on-premises and such establishment has an alcoholic beverage license to sell beer, wine or liquor.

B.

Special exceptions. Owing to their potential negative impact on the community, the following uses may be approved as special exceptions by the board of zoning appeals.

Bar, restaurant, nightclub or business establishment meeting the definition of a bar is subject to the following conditions:

(1)

That the special exception complies with all applicable development standards, including off-street parking, and dimensional requirements.

(2)

That the special exception will be in substantial harmony with the area in which it is to be located.

(3)

That the special exception will not be injurious to adjoining properties.

(4)

That the special exception will contribute to the economic vitality and promote the general welfare of the community.

(5)

That the special exception will not discourage or negate the use of surrounding property for use(s) permitted by right.

(6)

In granting a special exception, the Board of Zoning Appeals may impose such reasonable and additional stipulations, conditions or safeguards as, in its judgment, will enhance the citing or reduce any negative impacts of the proposed special exception. Provided, however, that the special exception shall run with the land and shall be transferable to subsequent parties who use the location under the same or similar operating conditions without further hearing or order of the Board. Any condition to the contrary is hereby declared invalid and shall not be enforced.

(7)

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

C.

Enlargements and alterations.

(1)

Any building or structure which houses a bar shall not be enlarged or altered in excess of twenty (20) percent of existing floor area, unless all applicable district requirements (setbacks, height restriction, etc.) are met and the addition receives a special exception.

(Ord. No. 159-05, § 1, 11-29-05; Ord. No. 68-15, § 1, 11-10-15)