Appendix 702. Forest/Agricultural District (FA).

Intent. It is the intent of this section that the Forest and Agriculture Zoning District be reserved and utilized for agriculture, forestry, and low-density: residential, commercial, social, cultural, recreational, and religious uses.

702.1 Permitted Uses. The following uses shall be permitted in any Forest Agriculture District:

(A)

Commercial and recreational fishing activities including docking and repair of vessels and minimum necessary processing for shipping of seafood, not including cooking or canning;

(B)

Farms, nurseries or other establishments for the growing, care and handling of field crops, truck gardening products, fruits, and/or nut trees, poultry, and/or animals and livestock;

(C)

Tree farms and/or forest management areas;

(D)

Social and cultural-religious uses:

1.

Private or semi-private clubs, lodges, granges, union halls, or social centers;

2.

Eleemosynary, religious, semi-public or philanthropic institutions or camps; spiritual centers or retreats;

3.

Recreational parks;

4.

Cemeteries subject to the provisions of Article 12.

(E)

Veterinary offices, animal hospitals, and/or boarding facilities provided site size is a minimum of three (3) acres if outside boarding facilities are maintained;

(F)

Residential uses; single family dwellings, including manufactured/mobile homes;

(G)

Wildlife refuges including single family dwellings for caretakers employed to maintain and protect the refuge;

(H)

Golf courses;

(I)

Railroad depots;

(J)

Any permitted use allowed in Limited Forest Agriculture (LFA);

(K)

Signs in accordance with Article X;

(L)

Accessory uses.

(M)

Campers or recreation vehicles subject to the special provisions of Article 12.

[N]

Commercial poultry houses and commercial swine facilities with less than ten thousand (10,000) pounds of normal production animal live weight on site at any one time.

(O)

Churches, synagogues, temples, and other places of worship subject to the provisions of Article 12.

(Ord. No. 157-02, § 2, 12-17-02; Ord. No. 36-03, § 1, 6-3-03; Ord. No. 138-04, § 2(Att. 1), 2-1-05)

702.2 Conditional Uses. The following uses shall be permitted on a conditional basis, in any Forest Agriculture District:

(A)

Stands, shelter or vehicles for the retail sales of seasonal agricultural produce, shrimp and ice provided that:

1.

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

2.

All stands, shelters, mobile sales must meet South Carolina DHEC regulations;

3.

Off-site temporary stand, shelters or vehicles may meet a minimum front yard setback of twenty (20) feet if the stand, shelter or vehicle is completely removed after the produce season;

4.

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

5.

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

6.

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

7.

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

8.

Stands, shelter or vehicles erected on properties where the owner of said properties are growing seasonal produce are not required to obtain a Certificate of Zoning Compliance provided that sections 702.2(B), 2., 3., 4. and 5. above are met.

9.

Ingress and egress of vehicle traffic shall not create a hazard for traffic on an adjacent street; and

10.

Signage for produce stands shall obtain a temporary sign permit meeting the following:

(a)

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

(b)

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

(c)

Temporary signs shall be permitted off-site provided;

1.

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

2.

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

3.

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

4.

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

5.

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

(d)

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

(B)

Facilities for the raising, care, and handling of animals and livestock, provided that:

1.

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

2.

Stable or shelter, manure piles, pits or bins shall meet a sixty (60) foot front setback, a twenty-five (25) foot side setback and a forty (40) foot rear setback.

3.

If operated for commercial purposes, minimum lot size shall be three (3) acres.

(C)

Publicly owned buildings, facilities, or lands, excluding firearm training and sports facilities, provided the review as required by Section 6-29-540 of South Carolina State Law is complete. Firearm training and sports facilities shall be reviewed under Article 12, Section 1207 of the Horry County Zoning Ordinance.

(D)

Publicly or privately owned utility substations, sub-installations, and combination office and maintenance/storage facilities, including water towers, provided that:

1.

The requirements of Section 516 of the zoning ordinance and Chapter 13, Article 3 (Noise Control) of the County Code are met;

2.

The facility is reviewed and approved as required by Section 6-29-540 of the South Carolina State Law;

3.

A site plan of the proposed facilities approved by the Planning Commission in accordance with the provisions of the Horry County Land Development Regulations.

(E)

Private use airports together with subordinate uses.

1.

Private residential subdivision airpark, subject to Article XII, Section 1206.

(F)

Convenience, service and commercial establishments intended to service the community including but not limited to grocery stores, offices, beauty shops, banks and drug stores provided that:

1.

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

(G)

Private educational facilities, nurseries, or day care centers, provided that:

1.

Such uses shall meet the minimum standards set forth for such facilities by the Department of Social Services and other state departments;

2.

The Planning Department shall review and approve the vehicular traffic impact upon the immediate area in which the facility is to locate; and

3.

All day care centers must adhere to the standards contained in Section 525 of this ordinance.

(H)

Reserved.

(I)

Multiple single family homes or mobile homes on one (1) parcel of land provided:

1.

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

2.

Each unsubdivided parcel of land must conform to the Forest/Agriculture standards of Article VIII;

3.

Each structure placed on an unsubdivided parcel of land must meet all required setbacks and standards contained in Article VIII;

4.

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

5.

Each unsubdivided parcel of land must have a minimum of fifty (50) [foot] frontage on a fifty (50) foot right-of-way/easement. If a right-of-way/easement does not exist, each unsubdivided parcel must have a minimum fifty (50) foot access;

6.

A site plan drawn to scale showing all lot dimensions, road right-of-way/easements or access and building locations must be reviewed and approved by the Zoning Administrator prior to the issuance of a certificate of Zoning Compliance.

(J)

Mini-warehouses, including the outdoor storage of campers and recreational vehicles provided:

1.

Such units shall be for storage only and not occupied.

2.

Such uses shall be screened from adjacent uses by a six (6) foot vegetative hedge or fence.

(K)

Combination of a residential structure or use and a single commercial business/structure owned and operated by the resident homeowner, including but not limited to beauty shops, repair shops, craft shops, sign shops, and offices provided:

1.

Such Combination use shall no be located on less than a one and one-half (1½) acre site.

2.

The dwelling unit shall have not less than a fifty (50) foot direct access to an abutting street.

(L)

Accessory living quarters in conformance with the requirements of Article V, Section 509.

(M)

Commercial poultry houses and commercial swine facilities provided:

1.

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

a.

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

b.

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

c.

A copy of any waivers approved by SCDHEC related to modifications in the required setbacks or other requirements as established in the SCDHEC regulations for such facilities; and

d.

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

2.

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

a.

Items A—D above; and

b.

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

c.

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

d.

A copy of the Emergency Plan for the facility.

3.

If a commercial poultry house or swine facility is damaged greater than fifty (50) percent or destroyed due to an act of nature (i.e. fire, flood, hurricane, tornado) or a catastrophic event and a building permit is obtained within twelve (12) months and construction is completed within twenty-four (24) months of such damage or destruction, the above standards shall not apply. This exemption; however, shall not relieve the property owner of having to meet all applicable building, zoning, or DHEC regulations in place at the time of reconstruction.

(N)

Non-commercial personal use buildings provided that:

1.

The building is located on parcels no less than three (3) acres in size.

2.

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

3.

The building maintains a twenty-five (25) foot setback from all property lines.

4.

The building is used and occupied by the property owner of record.

5.

If desired, the building may include kitchen facilities.

(O)

Beer, wine, and spirit production (production includes a facility used to process raw materials to finished product, and to age, bottle, store, and sell said products); tastings; and retail sales of related merchandise provided that:

1.

The property includes land under cultivation.

2.

No distribution is allowed.

(Ord. No. 114-01, § 1, 9-4-01; Ord. No. 36-03, § 2, 6-3-03; Ord. No. 81-03, § 1, 8-19-03; Ord. No. 138-04, § 2(Att. 1), 5-17-05; Ord. No. 12-05, § 1, 2-15-05; Ord. No. 21-08, § 1, 2-19-08; Ord. No. 65-11, § 1, 9-20-11; Ord. No. 30-16, § 1, 6-7-16; Ord. No. 15-16, § 4, 4-19-16; Ord. No. 76-13, § 3, 1-21-14; Ord. No. 35-18, § 3, 5-1-18)

702.3 Special Exceptions. Owing to their potential negative impact on the community, the following use may be approved as a special exception by the Board of Zoning Appeals:

(A)

Reserved.

(B)

Bed and breakfast establishments (B&Bs) subject to the following conditions:

1.

That the special exception complies with all applicable development standards.

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 property.

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 judgement, will enhance the siting of the proposed special exception.

(C)

Commercial poultry houses, and commercial swine facilities where five hundred thousand one (500,001) or more pounds of normal production animal live weight will be located on site at any one (1) time subject to the following conditions:

1.

The special exception shall not be located closer than one thousand five hundred (1,500) feet (measured from the most outlying structure of the facility) from an existing residential use or zoning district whose principal purpose is for residential dwellings;

2.

The SCDHEC permit to construct the facility is submitted;

3.

A copy of the SCDHEC approved Animal Facility Management Plan (AFMP) is submitted;

4.

Copies of the following plans are submitted:

a.

The Dead Animal (swine or other) Disposal Plan; and

b.

The Soil Monitoring Plan; and

c.

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

d.

The Emergency Plan for the facility.

5.

The following regulatory permits are submitted:

a.

SCDHEC waste application contract for all landowners consenting to have waste spread on their properties.

b.

A copy of any waivers approved by SCDHEC related to modifications in the required setbacks or other requirements as established in the SCDHEC regulations for such facilities.

c.

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

6.

The special exception must be in substantial harmony with the area in which it is to be located and shall be oriented away from habitable areas;

7.

The special exception shall not be injurious to the use or enjoyment for permitted and other lawful uses of adjoining property;

8.

The special exception shall not include facilities for incineration of animals or animal refuse unless approved and permitted by SCDHEC;

9.

The special exception should contribute to the economic vitality and promote the general welfare of the community;

10.

The special exception should not discourage or negate the use of surrounding property for use(s) permitted by right; and,

11.

In granting the special exception, the Board of Zoning Appeals may impose such reasonable and additional stipulations, conditions or safeguards as, in its judgement, will enhance the siting of the proposed special exception.

12.

If a commercial poultry house or swine facility is damaged greater than fifty (50) percent or destroyed due to an act of nature (i.e. fire, flood, hurricane, tornado) or a catastrophic event and a building permit is obtained within twelve (12) months and construction is completed within twenty-four (24) months of such damage or destruction, the above standards shall not apply. This exemption; however, shall not relieve the property owner of having to meet all applicable building, zoning, or DHEC regulations in place at the time of reconstruction.

Other Requirements:

(a)

All allowed uses shall be required to conform to the standards set forth in Article VIII.

(b)

Signs permitted in this district, including the conditions under which they may be located, are set forth in Article X.

(Ord. No. 219-99, § 1, 4-18-00; Ord. No. 45-00, § 1, 5-2-00; Ord. No. 26-01, § 1, 3-20-01; Ord. No. 87-01, § 1, 7-10-01; Ord. No. 36-03, § 3, 6-3-03; Ord. No. 141-05, § 2, 2-7-06; Ord. No. 76-13, § 3, 1-21-14; Ord. No. 06-17, § 2, 2-21-17)