Appendix 712. Amusement Commercial District (AC).

Intent. The intent of the Amusement Commercial District is to allow for the mixing of certain specified land uses in the county where both residential and limited business uses are competing for land and accelerated transition is in evidence.

712.1 Permitted Uses:

(A)

Establishments providing entertainment primarily as a commercial activity, including but not limited to theaters, billiard halls, pool halls, bowling alleys, water slides, skating rinks, dance halls, shooting galleries, gift and novelty shops, taverns, clubs, amusement parks, piers, arcades, miniature and par-three golf, driving ranges, boardwalks, bath houses, and sight-seeing tour facilities for tours by land or water.

(B)

Hotels, motels, tourist homes, and eating establishments provided:

1.

Minimum lot area: Twenty-five thousand (25,000) square feet or one thousand (1,000) square feet per accommodation for one- or two-story structures and seven hundred (700) square feet per accommodation for three (3) or more story structures, whichever is greater.

2.

Maximum building height: Unlimited provided that parking standards and other regulatory requirements are met.

(C)

Accessory uses.

(D)

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

(Ord. No. 15-16, § 6, 4-19-16; Ord. No. 116-17, § 2, 11-14-17)

712.2 Other Requirements:

(A)

All uses shall conform to the standards for area, yard, and height requirements 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.

712.3 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:

(A)

The said premises shall be limited to five (5) machines per structure enclosed by exterior walls as defined by the Standard Building Code; and

(B)

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:

(1)

One thousand (1,000) feet from a residentially zoned district or residential structure.

(2)

Five hundred (500) feet from a church, cemetery, place of worship, daycare center, public or private elementary or secondary education school.

(3)

One thousand (1,000) feet from another video gaming arcade.

(4)

Measurements of distance separations shall be in a straight line from the closest points of the building(s) [in] which the gaming machines are located.

(C)

The right to maintain a legal nonconforming establishment covered by subsection (B) of this section shall terminate three (3) years after the effective date of this ordinance [section].

(Ord. No. 37-97, § 3, 4-1-97; Ord. No. 15-16, § 6, 4-19-16)

712.4 Conditional Uses:

(A)

Publicly owned buildings, facilities, or lands, provided that the location of these uses shall first be reviewed and approved by the planning commission.

(B)

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.

(Ord. No. 137-97, § 9, 12-2-97; Ord. No. 114-01, § 1, 9-4-01)

712.5 Special Exceptions. Owing to their potential negative impact on the community, the board of zoning appeals may approve the following use(s) as a special exception:

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. 87-01, § 1, 7-10-01)