Appendix 703. Commercial Forest/Agricultural District (CFA).
Intent. It is the intent of this section that the Commercial Forest and Agriculture Zoning District be reserved and utilized for agriculture, forestry, residential, commercial, social, cultural, recreational and religious uses.
703.1 Permitted Uses. The following uses shall be permitted in any Commercial Forest Agricultural District:
(A)
Any use permitted in the Limited Forest Agriculture or Forest Agriculture Districts, except non-commercial personal use buildings.
(B)
Commercial and recreational fishing activities including docking and repair of vessels and minimum necessary processing for shipping of seafood, not including cooking or canning.
(C)
Marinas, including common accessory uses.
(D)
Farms, nurseries or other establishments for the growing, care and handling of field crops, truck gardening products, fruit and/or nut trees.
(E)
Social and cultural-religious uses:
1.
Private or semi-private clubs, lodges, ranges, 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.
(F)
Veterinary offices, animal hospitals and/or boarding facilities provided all boarding arrangements are maintained within a building and no noise or odors connected with the operation of the facility is perceptible beyond the premises. This shall prohibit the use of outside facilities for grazing and exercise.
(G)
Office buildings and banks.
(H)
Residential uses: single-family dwellings and mobile homes.
(I)
Wildlife refuges including single-family dwellings for caretakers employed to maintain and protect the refuge.
(J)
Golf courses.
(K)
Railroad depots.
(L)
Retail stores including but not limited to grocery stores, pharmacies, florists, and ABC stores.
(M)
Business involving the rendering of personal or professional services or the repair and servicing of small equipment, including but not limited to: appliance repair shops, dressmakers, locksmiths or gunsmiths shop, laundromats, cleaners, photography studio, barber and beauty shops, and schools offering instruction in art, music, dancing, fitness and similar activities.
(N)
Nonadult video stores (does not include video poker).
(O)
Restaurants, including drive-ins and drive-throughs.
(P)
Signs in accordance with Article X.
(Q)
Accessory uses.
(R)
Campers or recreation vehicles subject to the special provisions of Article 12.
(S)
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. 138-04, § 2(Att. 1), 2-1-05; Ord. No. 12-05, § 2, 2-15-05)
703.2 Conditional Uses. The following uses shall be permitted on a conditional basis in any Commercial Forest/Agricultural 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)
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.
(C)
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.
(D)
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.
(E)
Private use airports together with subordinate uses.
1.
Private residential subdivision airpark subject to Article XII, Section 1206.
(F)
Hardware stores with outdoor storage provided it is screened from adjacent road rights-of-way and adjacent developed property.
(G)
Bakeries provided that goods baked on the premises are sold only on the premises.
(H)
Reserved.
(I)
Auto/boat/motorcycle/recreation vehicle/truck/construction and farm equipment service and repair subject to section 1207.
(J)
Convenience stores with or without gas.
(K)
Trade shops of all kinds, including cabinet, carpentry, electrical, plumbing, heating and air conditioning, welding sheet metal and machine shops and exterminations shops; provided that such uses shall not produce noise, vibration, smoke, gas fumes, odor, dust, fire hazards, dangerous radiation or any other conditions which constitute a nuisance beyond the premises. All uses and work shall be conducted entirely within a fully enclosed structure.
(L)
Private educational facilities, nurseries or day care centers, provided that:
1.
Such uses meet the minimum standards set forth for such facilities by the Department of Social Services and other state departments; and
2.
All day care centers must adhere to the standards contained in section 525 of this ordinance.
(M)
Reserved.
(N)
Permanent overnight residential group care homes, nursing homes, provided that:
1.
Such use meets the minimum standards set for such facilities by the Department of Social Service and other state, federal and local departments which exercise jurisdiction over s such facilities;
2.
Such use is housed in permanent nature; and
3.
Such use shall have a minimum lot area of one (1) acre and meet the net density requirements set forth below:
Minimum Lot Area Requirements in Square Feet Per Room
Number of Beds
Per Room1-Story 2-Story 3-Story 4-Story 5-Story or more 1 bed 2,000 1,775 1,625 1,438 1,240 2 beds 2,650 2,475 2,125 1,825 1,438 3 beds 3,525 3,175 2,653 2,200 1,825 4 beds 4,375 3,975 3,492 2,725 2,220 5 or more beds 1,050/bd 950/bd 850/bd 650/bd 550/bd 4.
Such use shall meet the buffer requirements set forth below:
Twenty (20) feet of natural or re-vegetated buffer along residential property lines; and thirty (30) feet of natural or re-vegetated buffer along adjacent commercial property lines; and fifty (50) feet of natural or re-vegetated buffer along adjacent industrial property lines; or, a minimum six (6) foot high privacy fence along all property lines.
5.
Such uses shall be required to maintain a minimum outside recreational area of seventy-five (75) feet per bed. Group care facilities may be required to place a fence around the recreation area when the Planning Staff determines that there is a safety concern.
6.
Group care homes and nursing homes shall be considered multi-family uses for the purposes of section 709.3. All requirements of section 709.3 shall be met.
(O)
Multi-family housing provided that:
1.
The maximum density for a parcel of land shall not exceed three (3) units per acre.
2.
The maximum density of three (3) units per acre shall apply to attached multi-family units only.
3.
The maximum height of structure shall not exceed thirty-five (35) feet.
4.
All applicable parking standards must be met.
5.
The impervious surface ratio of all lot improvements shall not exceed fifty (50) percent. This ratio is calculated by dividing the area of impervious surface by the gross site area.
6.
The floor area ratio of all structures shall not exceed thirty (30) percent. This ratio is calculated by dividing the area of all floors by the gross site area.
7.
Only one (1) other primary use structure (residential only) may be located on the parcel. Such unit(s) shall be included in calculations of density.
8.
This parcel shall be at least three (3) acres.
9.
The provisions of section 709.4(A) and (B) shall be met.
10.
Site plans shall be reviewed and approved by the Zoning Administrator, and if not approved, no building permit shall be issued. Site plans shall include parking, landscaping impervious surface rations, gross floor area ratios, building locations, sign locations surface water drainage plans and water/sewer or septic tank plans or approvals.
(P)
Multiple single-family houses or mobile homes on one (1) parcel of land provided:
1.
The parcel of land 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) feet of frontage on a fifty (50) foot right-of-way/easement. If a right-of-way/easement does not exist, each unsubdivided parcel of land must have a minimum fifty (50) foot access.
6.
Water/sewer or septic tank approvals must be furnished to the Zoning Administrator prior to the issuance of a certificate of zoning compliance.
7.
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.
(Q)
Mini-warehouses, including the outdoor storage of campers and recreational vehicles provided:
1.
Such units shall be used for storage only and not occupied.
2.
Such uses shall be screened from adjacent uses by a six (6) foot vegetative hedge or fence.
(R)
Requirements regarding certain types of game machines. In those instances where there exist machines of the payout type, or an in-line pin game, or a video game with free-play features operated by a slot wherein is deposited any coin or thing of value (except machines of the non-payout pin table type with levers or "flippers" operated by the player by which the course of the ball can be altered or changed), the following criteria shall additionally apply:
1.
The said premises shall be limited to five (5) machines per structure enclosed by exterior walls as defined by the Standard Building Code; and
2.
Anything with more than five (5) machines within a structure enclosed by exterior walls as defined by the Standard Building Code shall be considered a video arcade establishment and must meet the following spacing requirements:
a.
One thousand (1,000) feet from a residentially zoned district or residential structure.
b.
Five hundred (500) feet from a church, cemetery, place of worship, daycare center, public or private elementary or secondary education school.
c.
One thousand (1,000) feet from another video gaming arcade.
d.
Measurements of distance separations shall be in a straight line from the closest points of the building(s) [in] which the video gaming machines are located.
3.
The right to maintain a legal nonconforming establishment covered by subsection (L)2. of this section shall terminate three (3) years after the effective date of this ordinance [subsection (L)].
(S)
Accessory living quarters in conformance with the requirements of Article V, Section 509.
(Ord. No. 26-01, § 1, 3-20-01; Ord. No. 114-01, § 1, 9-4-01; Ord. No. 81-03, § 1, 8-19-03; Ord. No. 138-04, § 2(Att. 1), 2-1-05; Ord. No. 21-08, § 1, 2-19-08; Ord. No. 65-11, § 2, 9-20-11; Ord. No. 52-13, § 5, 10-1-13; Ord. No. 76-13, § 4, 1-21-14; Ord. No. 15-16, § 5, 4-19-16; Ord. No. 35-18, § 4, 5-1-18)
703.3 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.
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. 67-88, 4-18-89; Ord. No. 75-90, 12-11-90; Ord. No. 37-94, § 1, 5-17-94; Ord. No. 45-94, § 1, 7-5-94; Ord. No. 51-99, §§ 15, 17—19, 12-7-99; 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. 76-13, § 4, 1-21-14; Ord. No. 06-17, § 2, 2-21-17)