Appendix B. ZONING

Article VII. REQUIREMENTS BY DISTRICT

Appendix 723. Overlay zone.

Latest version.

723.1

Forestbrook—South Myrtle Beach Area Signage Overlay Zone.

(A)

Purpose. To reduce the visual clutter and aesthetic blight of the Forestbrook—South Myrtle Beach area.

(B)

Application. The overlay zone shall apply to the area described below and as shown on Attachment 1 following Section 1105.

Beginning at the intersection of Highway 501 and Forestbrook Road thence heading east to the intersection of Highway 501 and George Bishop Parkway thence south along George Bishop Parkway to a point where George Bishop Parkway and the northern boundary of the Myrtle Beach International Airport (MBIA) property, extended west across Intracoastal Waterway, intersect. From such point, southeast to the intersection of Highway 15 thence northeast to the intersection of Highway 556 (17th Avenue South) thence southeast to the intersection of Ocean Boulevard. Thence south along Ocean Boulevard to 23rd Avenue South thence southeast to the Atlantic Ocean. Thence south along the beach to 17th Avenue North extended. Thence northwest to the intersection of Highway 17 Business thence south to the intersection of Platt Boulevard. Thence northwest to the intersection of Double Eagle Drive thence southwest to Auburn Drive thence west along Bent Grass Drive to the intersection of Highway 17 by-pass. Thence north to a point where the Temperance Drive extended crosses Highway 17 by-pass. Thence northwest to Highway 707. Thence northeast along Highway 707 and Macklen Road to Fairwood Terrace. Thence southwest to Penny Drive. Thence northwest along Ranchette Circle to Hague Drive. Thence north to the Intracoastal Waterway thence west along the Intracoastal Waterway to a point where the southeastern boundary of the Socastee Creek intersects with the Intracoastal Waterway. Thence north along the southeastern boundary of the Socastee Creek to McCormick Road. Thence west to Forestbrook Road thence north to the point of beginning.

(C)

Applicable Supplemental Sign Regulations.

(1)

New billboard or off-premises advertising signage shall be limited to those locations where sign permits from both SCDOT and the county are obtained. Locations other than those where both permits are obtained shall not be permitted for billboard or off-premises advertising signage.

(2)

Existing billboard or off-premises advertising signage may remain and shall comply with the signage standards established in this ordinance.

Forestbrook—South Myrtle Beach Area Signage Overlay Zone

723.2

Garden City Height Overlay Zone.

(A)

Purpose. The Garden City Height Overlay is established to impose a height restriction on all new construction in the area to prevent over development and development that is incompatible with the character of the area.

(B)

Application. The Garden City Height Overlay shall begin at the southeastern city limit line of Surfside Beach and shall terminate at the Horry County/Georgetown County Line. The exact boundaries of the overlay are shown in Map #2 titled Garden City Height Overlay.

(C)

Applicable Height Restrictions. The height of all new construction within the Garden City Height Overlay shall not exceed thirty-five (35') feet, except those areas designated on the attached map, or unless rezoned as a Planned Development District (PDD). A height of up to one hundred eighty (180') feet may be approved in a PDD.

Garden City Height Overlay

723.3

Highway 501 Overlay Zone.

(A)

Purpose . The Highway 501 Overlay Zone is established to provide standards relative to accessibility, appearance, and safety in the development of commercial, industrial, multi-family residential and office projects. The overlay is established to provide unified development that promotes a sense of place and provides opportunities to develop projects engineered to be compatible with the carrying capacity of Highway 501.

(B)

Applicability . The boundaries of the overlay zone are established herein. The standards that follow shall be applicable to any development as established in the table below which is located partially or completely within the boundaries established within the boundaries section of this subsection.

Levels of Modification

Level of Modification	Percent of value (cost of modification divided by existing improvement value, times 100),*	Applicable sections of this overlay district that must be adhered to.
Very minor	1 to 9 percent	All new exterior walls must adhere to the facade and foundation landscaping requirements.
Minor	10 percent to 39 percent	Above plus all window signage must be brought into compliance.
Significant	40 percent to 74 percent	Above plus all existing exterior walls must adhere as well as complete foundation landscaping.
Major	75 percent or more	All sections of the overlay must be adhered to including existing signage.

* Cost of modification shall be determined by the total permit value of all building permits over a rolling five (5) year time period.

** Permit values where interior and exterior values are broken out, only the exterior portion of the permit value shall count towards the cost of the modification. If the values are not separated the whole value of the permit shall count towards the cost.

(1)

Expenses incurred for general maintenance and repair of water; sewer and electrical where no new expansion will occur does not count.

(2)

Any building or development that is partially located within the boundaries, shall comply with these regulations. If an existing business is damaged or destroyed due to an act of nature (flood, hurricane, tornado, etc.), or catastrophic event and the building permit is acquired within twelve (12) months and is reconstructed within twenty-four (24) months of such damage or destruction, the standards contained herein shall not apply. This exemption, however, shall not relieve the property owner of having to meet applicable building or zoning regulations that may be in place at the time of reconstruction.

(3)

Any change of use that requires additional parking shall bring the entire parking lot into compliance with the parking lot standards of this overlay, including the landscaping.

(4)

Multi-family development existing at the time of adoption of this overlay shall only adhere to the sign standards. No other sections shall apply.

(5)

Single family is exempt, except for the landscaping requirements of a major development.

(C)

Boundaries . The Highway 501 Overlay Zone shall begin at Highway 501 intersection with Hwy 378 and terminate at the intersection of Canal Street and Highway 501 in the City of Myrtle Beach. The overlay shall extend 500 feet to the north and south of the right-of-way line of Highway 501 as shown in Attachment 1.2 and 3 Highway 501 Overlay.

(D)

Modification of design standards . Reserved.

(E)

Development and design requirements. Development of specific uses within the Highway 501 corridor shall be consistent with the underlying zoning district. In addition to the requirements of the applicable underlying zoning district, the following supplemental development regulations shall apply:

(6)

[1] Buildings.

Roof mounted mechanical equipment shall be enclosed or screened to ensure that such features are not visible from beyond the property. Enclosures and screens shall be compatible to the architectural style of the proposed building;

No portion of a building which is visible off the property shall be treated with smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. Materials suitable for treating visible facades include, but are not limited to, brick, glass, synthetic clapboard siding (vinyl, metal or wood), split-face decorative block, stone, hardiplank siding or cementitious siding, or stucco; brushed, stamped or polished aluminum panels.

Accessory structures shall be compatible in style, color, and materials with main structure(s).

Blank or uninterrupted building facades shall be designed in a manner that reduces the building mass by breaking the facade into smaller segments. Design techniques that include repetitive features or similar architectural elements may be utilized to accomplish this.

(7)

[2] Special design standards.

Canopy support columns shall be clad in one of the suitable finish materials listed in subsection E(1) above.

Retail garden center. Any merchandise typically associated with a retail garden center other than living plant material such as mulch, lawn equipment, propane items, barbeque grills, paving stones, landscaping timbers, bird baths, garden chemicals, etc. that is within two hundred fifty (250) feet of the corridor must be screened by either:

A six-foot high privacy fence; or

The items are screened by placing living plant materials, which may be for sale, such that these plants serve as a semi-opaque screen for the other materials, items and equipment.

Businesses engaged in the sale and/or rental of autos, boats, or recreation-related vehicles that have frontage within the overlay shall adhere to the following:

Display lots associated with such businesses are exempt from the parking area interior landscaping requirement.

Each business shall be permitted one display pad, no larger than 200 square feet, except display pads may be up to 400 sf for Recreational Vehicles. The display is only for merchandise sold at such establishment. An additional display pad shall be permitted for each 200 feet of corridor frontage. The display pad shall be located behind the required perimeter buffer and may be elevated a maximum of 18 inches above finished grade.

(8)

[3] Shipping/receiving areas, utility location and dumpsters .

Shipping docks for the receipt or shipping of merchandise shall be located in the rear of the structure or within a service courtyard shared by different businesses. Shared courtyards may be accessed from the front of the structure provided the entrance to such area is designed to blend into the architectural style of the structure and no docks are visible from the corridor or adjacent parking areas.

Utility services shall be located underground when possible. If underground utility location is not possible, above grade utilities shall be located behind structures in a utility "alley" easement approved by the applicable utility authority.

Dumpsters, which may be seen from adjacent properties, rights-of-way or other general customer areas, shall be screened from view on all sides.

• Dumpsters shall be placed in the side and or rear yard. In the case of a double frontage or corner lot the front shall be considered the primary corridor.

• Screening shall consist of three (3) solid walls or fence panels, at least six (6) feet in height meeting eighty (80) percent opacity. If the opening to the dumpster enclosure is visible from adjacent properties, rights-of-way or public parking lots then the enclosure must include a solid screening closing gate.

(9)

[4] Access management. The following access management strategies shall be employed to ensure that development does not impact the carrying capacity or future improvement of Highway 501.

Parcel access.

Parcels located at an intersection of Highway 501 and another improved public roadway shall obtain access from the adjacent public roadway. Direct access to the corridor may be permitted when approved by SCDOT.

Shared or joint access. Reductions of access points to the corridor are encouraged due to the increases in operational efficiency that result.

Cross-access A stub for future access shall be provided to all adjacent vacant land zoned for commercial or multi-family uses.

Extension of frontage roads (applies to properties west of Forestbrook Road only). When the construction of or transfer of property for the construction of (reverse) frontage roads, consistent with the Horry County. SCDOT and GSATS road plan, occurs the following shall apply:

(a)

Required parking for adjacent uses may be reduced up to 25%;

(b)

Landscaping and buffer requirements along the frontage road may be reduced up to 30%; and

(c)

Individual parcels accessing the frontage road shall be allowed one access point for each 200 feet of frontage. Additional accesses may be permitted if approved by Horry County Engineering and they meet required separation and offset from other accesses or driveways.

Parking lot access. Parking lots that directly access the corridor or a frontage roadway shall:

(a)

Be designed to ensure that entering vehicles maintain a travel speed of 15 mph to assist in reducing interference with through street traffic movements.

(b)

Provide an entrance drive throat length of no less than 100 feet to reduce conflicts between entering and exiting vehicles. Developments that generate less than 500 ADTs shall be exempt from this standard.

(c)

Required landscaping or optional berming shall not be planted or constructed within the site triangle, unless it conforms to SCDOT standards.

Change in use. Properties with access connections that do not meet the requirements of the overlay district shall be brought into compliance when required by the levels of modification table within this overlay or when there is a significant change in use of the property, including land, structures or facilities, resulting in an increase in the trip generation of the property exceeding twenty-five (25) percent (either peak hour or daily) and exceeding one hundred (100) vehicles per day, as determined by one (1) of the following methods:

An estimation based on the latest edition of "Trip Generation" by the Institute of Transportation Engineers for typical land uses;

Traffic counts made at similar traffic generators located in the area; or

Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.

(10)

[5] Parking . To reduce the visual mass and enhance the appearance of parking areas from the corridor, the following standards shall be met.

(a)

Parking lots shall be outside the perimeter buffer.

(b)

Parking areas shall be designed so that no one parking module contains more than 100 spaces. Parking within modules shall be grouped so that 9' x 15' parking islands are provided for every 15 parking spaces in a continuous row or for a maximum of 30 spaces per bay between parking islands.

(c)

Parking areas containing more than 100 spaces, in addition to meeting the requirements above shall also provide a 10-foot landscaped island between each parking module. Landscaping placed within such islands shall be sufficient to provide visual relief from the mass of the parking area. (See Figure 4 located at the end of this Article)

(d)

Shared parking plan. The planning department can approve a shared parking plan that meets all of the following standards:

Shared parking spaces shall be located within five hundred (500) linear feet of the primary entrance of all uses served, unless remote parking shuttle bus service is provided. Shared parking spaces shall not be separated from the use they serve by an arterial or collector road. In addition, adequate and safe pedestrian access shall be provided from and to the shared parking areas.

Same or more intensive use. A shared parking area shall be located on a site with the same or more intensive zone district than the required primary uses served.

In order to use the shared parking as a means of satisfying the off-street parking standards, the feasibility of the shared parking must be justified. Justification shall include information on the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be fifty (50) percent:

Directional signage shall be added to direct the public to the shared parking spaces.

A shared parking plan shall be enforced through a written agreement among all owners of record. An attested copy of the agreement between the owners of record shall be recorded prior to issuance of zoning compliance.

A shared parking agreement shall only be revoked if all required off street parking spaces are provided on site or an alternate shared parking agreement is supplied which provides the required parking.

(11)

[6] Lighting . A lighting plan shall be required with submittal of all commercial development plans within the overlay in order to reduce unnecessary dispersal of light and glare to surrounding lands and/or right-of-way. Emergency lighting for public safety and hazard warning, holiday decorations, residential lighting, and public streetlights are exempt from the provisions of this section.

(a)

Detailed lighting plan . The lighting plan shall show the location of all site lighting including lights mounted on buildings that are intended to illuminate spaces adjacent to the building. The lighting plan shall include specifications and details of all fixtures, and a photometric plan. The photometric plan may be waived for small or infill sites where code compliance and compatibility can be determined through other data.

(b)

Orientation and shielding . Light fixtures in excess of one hundred (100) watts or two hundred (200) lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project onto adjacent lands or right-of-way. Standard decorative street lights are exempt. No illumination in excess of one (1) footcandle across any residentially zoned lot line is allowed. The orientation of all lighting shall be downward.

(c)

Height .

Luminary heights shall not exceed thirty-five (35) feet except in the following cases:

If a luminary is within fifty (50) feet of a residentially zoned parcel, the height of the luminary shall be no greater than eighteen (18) feet. The fixture cannot be located within the buffer and light must be directed back into the site.

(d)

Hue . Lighting sources shall be color neutral types such as halogen or metal halide. White LED lighting may also be used.

(e)

Floodlights and spotlights . Floodlights and spotlights shall be selected, located, aimed, and shielded so that the direct illumination is focused exclusively on a portion of the building facade or other intended site feature and away from adjoining lands or right-of-way. Such lighting shall be installed in a fixture that is shielded so that no portion of the light source extends below the bottom edge or above the top edge of the shield and the main beam from the light source is not visible from adjacent lands or the adjacent right-of-way.

(f)

Prohibited lighting . The following lighting fixtures are prohibited: searchlights, laser source lights, or any similar high-intensity light. Light types of limited spectral emission such as low-pressure sodium or mercury vapor lights are prohibited. Floodlights or other type of lighting attached to light poles that illuminate the site and/or buildings are prohibited.

(g)

Canopy lighting . Lighting installed on or under canopies or drive-thru facilities are permitted an average footcandle reading of twenty (20) footcandles under any area that is illuminated. Lighting shall use diffusers and be shielded. No light source or lens in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling, unless the fixture is of a full cut-off design.

(h)

Building lighting . Wall mounted lights shall be fully shielded luminaries to prevent the light source from being visible from any adjacent residential property or public street right-of-way. Nothing in this subsection shall prevent the use of sconces or other decorative lighting fixtures with wattage equal to or less than one hundred (100) watts.

(12)

[7] Landscaping and buffer requirements.

(a)

Foundation landscaping.

A minimum five-foot foundation landscaped area shall be provided adjacent to buildings to enhance architectural features, provide a visual transition from building to the site and define and enhance building entrances. Material shall be generally massed at corners, entrances and other features. The majority of flowerbed/groundcover areas shall be oriented towards pedestrian paths and other high visibility areas. If the building is taller than twenty-five (25) feet, the foundation landscaping shall incorporate trees.

Exemptions from this requirement may be granted when the following circumstances exist or when any of the following conditions are proposed on the site:

Building entrances and exits.

Areas used for pedestrian activities (sidewalks, plazas, etc.), in which instances the landscaping must be installed between the building foundation and the back of curb separating the pedestrian area from the vehicle use area. In no case shall the length of the planted area be less than fifty (50) percent of the length of the building facade, minus the width of entrances and exits. A variety of planting beds, street trees and elevated planters may be used.

For those portions of buildings which have drive-up services along the side of the building (i.e., pharmacies, banks, fast-food, dry-cleaners, photo shops, etc.).

Adjacent to truck loading or service areas not open to public parking or on the rear side of a building when less than ten (10) percent of the total required parking is located in the rear of the building and the rear is not adjacent to any public right-of-way.

(b)

Parking islands. Each parking island shall be improved with a tree(s) and five (5) shrubs. Fifty (50) percent of the trees shall be canopy. The remaining area of the parking island shall be planted with vegetation that complements the structure or a suitable groundcover.

(c)

Perimeter landscaping.

A landscaped buffer shall be provided around all perimeters for parcels that abut the corridor. The buffer width shall be equal to that of the setback required for the underlying zoning district for Type A buffers. Type C (Streetscape) buffers shall be ten (10) feet in width. Type B (Spatial) buffers shall be a minimum of five (5) feet in width. Landscaping within the buffer shall be provided in accordance with design standards described in Table 2: Buffer Design Guidelines.

When any commercial property being developed abuts a residential property, a Type A buffer along with a minimum of a six-foot privacy fence shall be used. The fence shall be located on the inside of the landscape buffer.

When a new major residential development is created adjacent to or abutting to an existing developed commercial property within the corridor, it is the responsibility of that new residential development to install the increased buffer materials listed below.

Permitted uses within the required buffer include driveway access; transit oriented uses including bus stops and shelters; pedestrian and bike paths; and lighting fixtures (except adjacent to residential), signs, benches.

(d)

Irrigation . All required planting areas shall be mechanically irrigated. This shall include all tree islands, medians and all areas of required frontage landscaping between the parking lot and public streets. Required planting areas associated with parking lots containing less than thirty (30) parking spaces are not required to be irrigated. However, an exterior water source (such as a hose bib) shall be located within one hundred (100) feet of all required planting areas. If the project area is required to be irrigated, the following statement on the site and landscaping plan must be provided "All planting areas shall be mechanically irrigated," and/or, an irrigation plan must be provided.

(e)

Drainage and utility encroachment into the perimeter buffer .

New stormwater facilities including conveyances shall be located on the interior of any required landscape buffer. Any encroachment into the buffer area may not be more than ten (10) percent into the total required width of the buffer, unless said facilities are part of either a low impact development plan or a piped underground drainage system where landscaping is designed in such a fashion as to not create a maintenance issue and it is approved by Horry County Stormwater Department. If an existing conveyance or stormwater facility exists along the property line or in the area which would normally constitute the buffer location, then the buffer width must be met internal to said facility or conveyance. An encroachment includes any required easement width necessary to access and/or maintain the facility or conveyance to meet the requirements of Horry County Stormwater.

Utility encroachment into the perimeter landscaping. Water, gas and electric utilities shall only encroach perpendicular into the landscaped areas of the perimeter buffer up to ten (10) percent. This limitation shall not apply if existing utility easements do not interfere with the required landscaping of this section. When overhead power easements and or lines exist within the required buffer area you shall substitute understory trees for any required canopy trees. The ratio of evergreen trees shall remain the same.

(f)

Alternate designs allowed . The zoning administrator or their designee may, at their discretion, approve an alternate buffer design incorporating visually appealing fencing or earthen berms. The planning and zoning department may also require landscaping to be installed in locations left empty from the parking layout, such as corner islands associated with angled parking layouts, at its discretion.

(g)

Tree preservation . The following standards apply to all properties within overlay.

The planning department can grant up to a five (5) percent reduction in the number of off-street parking spaces required on the site if the reduction in pavement will preserve the root zones of existing healthy trees with a DBH of eight (8) inches or greater.

TABLE 1: PERIMETER BUFFER

	Adjacent Land Use
	Residential	Commercial	Street/Access/ROW
Proposed Land Use
Residential	N/A	A	C
Commercial	A	B	C

TABLE 2: BUFFER DESIGN GUIDELINES

Buffer Type	Description	Performance Standards (per one hundred (100) feet)
		Canopy Trees	Understory Trees	Shrubs
Type A Opaque	This buffer functions as an opaque screen from the ground to a minimum height of 8 feet.	3 trees	3 trees	A minimum of 28 inches in height and shall meet the spacing requirements as shown in Horry County Landscape Manual.
		Or A double row offset evergreen trees spaced every 10 feet on center minimum and minimum 8 feet tall.
		100% of the vegetation required shall be evergreen species, no more than 25% may be pine species. Trees shall be of a variety that offers screening from base to top (i.e., Leyland cypress or Nelli Stevens holly).
Type B Spatial	This buffer provides a sense of separation between properties without screening the view.	2	2	20
		At least 50% of the required trees and shrubs shall be evergreen species. All sizes shall meet the minimum standards of 527.2.
Type C Streetscape	This buffer is intended to soften the transition from the street side to the remainder of the property as well as provide a sense of separation between the street and property use.	3 trees	3 trees	A minimum of 28 inches in height and shall meet the spacing requirements as shown in Horry County Landscape Manual.
		At least 25% of the required trees shall be evergreen species. Streetscape trees should be chosen from "Streetside and Walkways" group in the Horry County Landscape Manual.
		If parking is located adjacent to the street than 100% of the shrubs must be evergreen between the parking area and the adjacent street.

(13)

[8] Signage . To reduce sign clutter in the corridor, the following standards shall apply to on-site signage:

Signage allowed by property type and corridor frontage.

Type of Property (1)	Length of Corridor Frontage	Number of Signs (2)	Type of Sign	Height	Sign Area Computation (4)
Freestanding single parcel	Less than 200 feet	1	Ground	8 feet	1 sq. ft. for each linear ft. of frontage
Freestanding single parcel	200—399 feet	1	Freestanding	35 feet	1 sq. ft. for each linear ft. of frontage
Freestanding Single parcel	More than 400 feet or portion thereof up to 799 feet	2	1 - Freestanding "primary"	50 feet	1 sq. ft. for each linear ft. of frontage
	More than 400 feet or portion thereof up to 799 feet	2	1 - Freestanding "secondary"	25 feet
	Over 800 feet	1 additional	Freestanding "secondary"	25 feet
Commercial Center (6)	More than 400 feet or portion thereof up to 799 feet	2	1—Freestanding "primary"	50 feet	1 sq. ft. for each linear ft. of frontage
	More than 400 feet or portion thereof up to 799 feet	2	1—Freestanding "secondary"	25 feet
	Over 800 feet	1 additional	Freestanding "secondary"	25 feet
Out-parcel that is part of a commercial center (5)	Less than 400 feet	1 per frontage	Monument	8 feet	1 sq. ft. for each linear ft. of frontage

Notes:

When a site's primary or secondary access is from a roadway other than the corridor, one (1) sign, shall be permitted per roadway frontage.

In no instance shall a site have more than three (3) freestanding signs.

Reserved.

Maximum sign area per site shall be no greater than 750 sq. ft. Out-parcels of a commercial center, as defined below, shall not be counted as part of the commercial center maximum sign area.

Signage on parcels improved with commercial centers, as defined below, shall be calculated based on the total roadway frontage that such commercial center development has inclusive of any out-parcels. A commercial center is defined as a development where more than two (2) businesses are located in a single structure and where there may be additional detached structures on the property that are on out-parcels, leased or owned fee-simple.

Signage design requirements. To enhance the appearance of on-site signage in the corridor the following standards shall apply to on-site signage.

(a)

Freestanding and monument-style signage shall be architecturally designed to reflect the character of the structure for which they are advertising.

(b)

Digital signs.

Only one (1) digital sign is allowed per road frontage.

The digital portion of the sign cannot exceed fifty (50) percent of the allowable sign area.

Animation and full motion video is strictly prohibited.

The transition between messages cannot be animated but may be accomplished through fading in and out or dissolving. Scrolling is prohibited.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

Limits on maximum brightness (permit application must include details from the manufacturer of sign indicating that the sign will automatically dim at night).

One thousand (1,000) nits at night.

If sign is within two hundred (200) feet of residential (zone or use), the sign must be directed away from the residential (zone or use) or it may be reduced to two hundred fifty (250) nits brightness at night.

(c)

Font size.

Minimum font size for signs is six (6) inches.

(d)

Sign location.

All freestanding signs or displays shall be erected at least ten (10) feet from any side or rear property line. The sign shall be located outside all clear site triangles and a minimum of ten (10) feet from the edge of the travel way.

The minimum separation for all signs on a parcel shall be at least two hundred (200) linear feet.

Collocated signage. Adjacent parcels and/or business can collocate signage on the same sign as long as the allowable height is not exceeded and the total square footage of signage for the combined developments is not exceeded.

Temporary and other.

One (1) on-site temporary sign not exceeding sixteen (16) square feet displayed for up to thirty (30) days after the issuance of a Temporary Sign Permit.

One temporary sign not exceeding sixteen (16) square feet in area, and eight (8) feet high, on any property that is currently listed for sale or lease.

Permanent sign eight (8) square feet maximum, four (4) feet high, one (1) per entrance and one (1) per drive-through window, located outside the required landscape buffer area and at least ten (10) feet from the right-of-way. If within ten (10) feet of the right-of-way the maximum size is six (6) feet and maximum height is three (3) feet.

One (1) temporary sign, no more than thirty-two (32) square feet in area, located on the property on which there is an active building permit.

Exempted signs. Signs that were legally in existence and lawfully conforming with the Ordinance prior to the effective date of the ordinance from which this section was derived and which, after adoption of this section, do not conform to this division are exempted subject to the following:

Termination by neglect. Any sign exhibiting conditions of neglect and left in a state of disrepair for a continuous period exceeding six (6) months shall be removed. Replacement of said sign is not required, however if replaced the new sign shall conform to the requirements established herein.

Termination by redevelopment . Whenever a parcel or building undergoes new development or major modification, the exemption provided for herein shall terminate.

Maintenance of exempted signs. No exempted sign shall be expanded, moved, modified or altered in any manner that would increase the degree of its nonconformity. Ordinary maintenance of the exempted sign shall be continued in order to ensure such signs are maintained in a structurally sound condition, with a neat appearance and in a generally good state of repair.

Maintenance . All signs shall be maintained in good condition and working order, and be free of graffiti, peeling paint, faded colors, and/or broken and damaged materials.

Prohibited signs. The following signs shall be prohibited in the corridor:

No sign, permanent or temporary, shall be erected or placed so that it interferes with a clear sight triangle distance design standards;

Portable signs;

A-frame;

Signs on trailer frames with or without mounted wheels;

Signs on or attached to vehicles which have a total copy area in excess often ten (10) square feet and is used primarily for advertising in a stationary manner. This does not include vehicles that are used on a regular basis for transportation and has a valid license plate.

Flashing, moving, animated, coursing, blinker, racer-type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, ribbons, streamers, spinners.

(Ord. No. 47-17, § 1, 6-6-17)

723.4

Highway 544 Overlay Zone.

(A)

Purpose. The Highway 544 Overlay Zone is established to provide standards relative to accessibility, appearance, and safety in the development of commercial, industrial, multi-family residential and office projects that utilize Highway 544 as their primary means of access. Furthermore, the overlay is established to provide unified development that promotes a sense of place and provides opportunities to develop projects engineered to be compatible with the carrying capacity of Highway 544 as a major transportation corridor. When any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these overlay zone standards are more relaxed.

(B)

Applicability. The Highway 544 Overlay Zone shall be divided into two segments. The first section shall be called the East Highway 544 Overlay and shall begin at the intersection of Highway 17 Bypass and Highway 544 and terminate at the intersection of Highway 17 Business and Highway 544 near Surfside Beach, SC. The second section will be called the West Highway 544 Overlay and shall begin at the intersection of Highway 17 Bypass and Highway 544 and will run north to the intersection of old Highway 544 and Highway 501 Bypass and end at the stoplight as well as run north and terminate at the beginning of the Highway 544 bridge over Highway 501 Bypass near Conway, SC.

The Overlay segments shall generally extend 300 feet to either side of the right-of-way lines of Highway 544 except where Highway 544 has been relocated from its former alignment that followed Dick Pond Road. In such instance, the boundaries of the Overlay shall include the properties that are located between these roadways and shall extend 300 feet to the east and west of the right-of-way lines of those roadways. Furthermore, at the northern terminus of the Overlay, the boundaries shall include the rights-of-way of the old Highway 544 which splits to the left from Highway 544 Bypass just south of Highway 501 Bypass and which runs north and ends at the intersection of old Highway 544 and Highway 501 Bypass at the stoplight. The northern terminus also includes the section of Highway 544 Bypass which splits to the right from the old Highway 544 intersection just south of Highway 501 Bypass and thus runs north over the bridge over Highway 501 Bypass and ends at the intersection of Highway 501 Business which is north of Highway 501 Bypass. See map in attached maps for Hwy 544 East and West Pages 1 thru 4.

Renovated or newly constructed commercial, industrial, multi-family residential, or office developments that are located partially or completely within the boundaries indicated above shall comply with the regulations established below. Construction or renovation not visible from the corridor and single-family development are exempt from these regulations.

Renovation is defined as: Work that modifies or expands a structure or business where the improvements are equal to or greater than 40% of the properties assessed value or the value of the property as determined by an independent appraisal. Water, sewer, or electrical expenditures shall be included in the costs of improvements for any expansion or new construction. General maintenance and repair of any water, sewer, or electrical expenditures incurred in updating an existing structure where no new expansion will occur are exempt from the standards established below.

If an existing business is damaged or destroyed due to an act of nature (flood, hurricane, tornado, etc.), or catastrophic event and is reconstructed within 12 months of such damage or destruction, the standards contained herein shall not apply. This exemption, however, shall not relieve the property owner of having to meet applicable building or zoning regulations that may be in place at the time of reconstruction.

Corridor and overlay are used interchangeably throughout these regulations. When referenced, it shall mean the area generally 300 feet to the east and west of the Highway 544 right-of-way lines between the established beginning and ending points indicated above. Developments partially located within this area, when visible, shall comply with the regulations. Where appropriate, specific standards applicable to either the East or West segments of the Overlay will be duly noted. When no specific segment has been identified within the standards, such standard shall apply to the entire Overlay.

(C)

Required Reviews. Proposed developments or renovations, meeting the above definition shall be reviewed by the Code Enforcement and the Planning and Zoning Departments before issuance of building permits. Development plans shall provide information relative to the site layout including building elevations, landscaping, signage, and utility location. Submitted plans shall comply with the Horry County Commercial Plan submittal requirements and contain enough detail to illustrate that the requirements of this ordinance have been meet.

(D)

Modification of Design Standards. The Board of Zoning Appeals may approve modification of the design requirements of the overlay zone. Requests for modification of the design standards shall be considered at the time development plans are submitted for review and shall comply with all submittal requirements established in the zoning ordinance.

Hwy 544 East Overlay

Hwy 544 East Overlay (1 of 4)

Hwy 544 East Overlay (2 of 4)

Hwy 544 East Overlay (3 of 4)

Hwy 544 East Overlay (4 of 4)

(E)

Development and Design Requirements. Development of specific uses in the Highway 544 Overlay Zone shall be consistent with the underlying zoning district. In addition to the requirements of the applicable underlying zoning district the following supplemental development regulations shall apply.

(1)

Buildings.

Roof mounted mechanical equipment visible from the corridor shall be enclosed or screened to ensure that such features are not visible. Enclosures and screens shall be compatible to the architectural style of the proposed building;

No portion of a building visible from the traffic lanes of the corridor shall be treated with unadorned concrete masonry units or corrugated and/or sheet metal. Materials suitable for treating visible facades may include, but are not limited to, brick, glass, siding (vinyl or wood), split block, stone, or stucco;

Shingles, metal standing seam, tile or other roofing materials with similar appropriate texture and appearance shall be utilized on roofs visible from the corridor. Flat roofs are not discouraged where they are appropriate to the design theme of the structure;

Blank or uninterrupted building facades visible from the corridor shall be designed in a manner that reduces the building mass by breaking the facade into smaller segments. Design techniques that include repetitive features or similar architectural elements may be utilized to accomplish this. (See Figure 1 located at the end of Article 11.)

(2)

Structure Heights.

Structures within the East Highway 544 section located to the south of the Highway 544 right-of-way shall not exceed 35 feet in height as defined in Article 17 (Definitions) of the zoning ordinance. The structures east of Southwood Drive and going all the way to Highway 17 Business shall maintain the general appearance of a typical two story residential type construction with a pitched roof, or have alternate designs approved by the Board of Zoning Appeals; and

Structures within the East Highway 544 section located to the north of the Highway 544 right-of-way as well as the entire West Highway 544 section shall not exceed 50 feet, except that copulas, spires, or other ornamental features are permitted to increase such building heights to 75 feet as defined in Article 17 (Definitions) of the zoning ordinance. However, new proposed structure located within 100 feet of an existing residential structure for which a certificate of occupancy has been issued, shall have a maximum height of 35 feet of living space. The roof, copulas, spires, or other ornamental features are permitted to increase building height to 50 feet, but the height of the living space can be no higher that 35 feet.

(3)

Landscaping and Buffer Requirements. To promote a continuous and unified theme, improve the appearance of structures and provide protection to adjacent properties from the negative impacts of more intense development, the following standards shall apply. Acceptable plant species, maintenance standards, and sizes to meet the above requirements are listed in Section 527.

Foundation Landscaping. Landscaping shall be provided around the foundation of structures visible from any public right-of-way, according to the formula and standards below:

Calculation of required landscaping:

PR = L or W/3.0
Where:
PR = number of plants required
L or W = building length or width, in feet, visible from any public right-of-way

Required plant materials shall be located in a planting area adjacent to the building foundation. If the proposed building is to be accessed by vehicles through service doors and such doors are visible from a public right-of-way, the plant materials required for that length or width shall be exempted from these provisions.

For each canopy or understory tree that is provided to meet the foundation landscaping requirements the total number of required plants may be reduced by two.

Perimeter Landscaping. A landscape buffer shall be provided around the perimeter of any parcel that directly abuts the corridor. The buffer shall be equal to the width of the setback required for the underlying zoning district except that the front buffer may be reduced to 25 feet or 10% of a parcel's depth, whichever is less. No landscape buffer will be required on any part of a parcel that abuts wetlands. Additional landscaping requirements will not be required between parcels with the same zoning designation. Such buffer shall be improved in accordance with the standards below.

When any non-residential zoned properties being developed abut a residential zoned property, one of the following four options shall be installed along the sides or rear property lines which abuts that residential property within the perimeter buffer of the newly developed site:

•

A 4-foot high berm can be installed; or

•

A 2-foot high berm can be installed along with 3 feet of plantings; or

•

Plant landscape material in a staggered planting scheme at a 5 foot height at the time of planting with no berm included; or

•

A 6-foot wood fence.

No fence, berm, or landscape material shall be designed or located in a manner that obstructs the vision of vehicular traffic at street and/or driveway intersections. Any plantings installed above are required within five years to achieve summer season opacity factor of at least 80%.

Opacity is hereby defined as: The state of being impervious or impenetrable to the passage of light or allowing visual access to objects located behind natural or man-made features. The Zoning Administrator or designee shall inspect any suspected violations of the opacity standards specified herein at least three areas within required buffer area.

Each area to be inspected will be an 8-foot length of the required vegetation screening from the ground to the average top height of the vegetation. An inspection estimate indicating 20% or less of light penetration or complete visual penetration will satisfy the 80% opacity factor. Any inspection estimate higher than 20% of light penetration or complete visual penetration will be considered to fail the 80% opacity factor. Any inspections that result in a failure will be reported to the property owner. Failure of that property owner to correct the situation within 45 days will constitute a violation of the zoning ordinance and be subject to the fines and penalties specified therein.

When a new residential development is created adjacent to or abutting to an existing non-residential zoned property within the 300-foot corridor, it is the responsibility of that new residential development to create one of the four options of berms and/or vegetation planting listed above.

The perimeter buffer shall be improved in the following manner:

(a)

Be planted with materials capable of survival in the environment in which they are installed with minimal maintenance; and

(b)

Complement the structure, through color and foliage cover, for which they are planted around; and

(c)

Include the following mixture of plant materials per 100 feet of buffer length:

•

3 canopy trees or palmetto trees, equally spaced;

•

3 understory trees that flower or have foliage that changes color seasonally, equally spaced

•

20 shrubs; and

•

8 evergreens (may be tree or shrub variety)

Provide visual direction, through plant heights, to entrances or other features to the site; and

Be planted in a manner that will not impede traffic safety by blocking or otherwise obstructing traffic signals, signs, or other devices.

When a natural, undisturbed buffer is retained along the corridor, sides and rear of a renovated or newly developed property a waiver of the required perimeter landscaping may be granted. Granting such waiver shall be determined by the Zoning Administrator or designee upon review of a site plan identifying the vegetation retained in the buffers. In no instance, shall a waiver be granted if the plants retained in the buffers are not equal, in number not plant type, to those required above.

When plants retained do not meet the required numbers above, the Zoning Administrator or designee may give credit for what is retained and require that the buffer along the corridor, sides and rear of the property be supplemented by additional plant materials.

Natural, undisturbed buffers meeting the following standards may qualify for the perimeter-landscaping waiver:

•

A 25-foot buffer is retained along the corridor; and

•

A 20-foot buffer is retained along the sides and rear of the parcel; and

•

The plant materials retained shall, at a minimum, consist of trees 3 inches dbh (diameter at breast height) or greater along the corridor and other vegetation not less than 3 feet in height or with caliper greater than 2 inches dbh along the sides and rear of the property.

Berm construction requirements. When a berm is utilized to provide separation between non-similarly zoned properties or to modify standards required elsewhere by these regulations, it shall adhere to the following:

(a)

Have side slopes no greater than 2:1; Any alternative designs shall be noted on all plans; and

(b)

Be vegetated with the plant materials indicated above.

(c)

Non-vegetated areas on the berm shall be covered with a groundcover, mulch, or grass suitable to stabilize the side slopes of the berm (used when modifying parking lot location)

Drainage and utility encroachment into the perimeter buffer. Ditches, swales, stormwater conveyance facilities, stormwater retention ponds, sanitary sewer conveyance facilities, and associated easements may encroach up to 10% into the buffer area or a required screening berm. When a drainage or utility encroachment requires more than the 10% reduction allotted, a request for increased encroachment may be submitted to the Planning Commission for consideration. Such request shall be submitted when the development site plan is submitted for review.

(4)

Leasing, Rental, or Sale Facilities. Businesses engaged in the leasing, rental, or sale of merchandise that have frontage along the corridor shall adhere to the landscaping and buffer requirements indicated in subsection E, above, and item "1," below. Display lots associated with such businesses are exempt from the parking area requirement.

Each business shall be permitted one (1) display pad, no larger than two hundred (200) square feet, for merchandise sold at such establishment. An additional display pad shall be permitted for each two hundred (200) feet of corridor frontage. The display pad shall be located behind the required perimeter buffer and may be elevated a maximum of 18 inches above finished grade.

(5)

Shipping/Receiving Areas and Utility Location.

Proposed structures, visible from the corridor, requiring shipping docks for the receipt or shipping of merchandise shall locate such docks in the rear of the structure or within a service courtyard shared by different businesses. Shared courtyards may be accessed from the front of the structure provided the entrance to such area is designed to blend into the architectural style of the structure and no docks are visible from the corridor or adjacent parking areas.

(6)

Salvage Yards, Automobile Repair Facilities and Mini-warehouses. Businesses engaged in salvage operations, repair of automobiles or storage of possessions in individually enclosed units/garages that have frontage along the corridor shall adhere to the standards provided in subsection (3).b.4, above, and the following:

Storage areas for salvaged materials or vehicles waiting for repair shall be screened from the corridor by a six foot high opaque enclosure or equal to the height of the stored material not to be higher than 20 feet which shall be located to the rear or side of the primary structure on the site; and

A 10-foot wide landscaped buffer shall be provided around the base of the enclosure to "soften" its appearance. Landscaping utilized shall be consistent with that required in subsection (3)b.4, above.

(7)

Access Management. To ensure that development within the corridor does not impact the carrying capacity or future improvement of Highway 544, the following access management strategies shall be employed.

Parcel Access.

Every property owner will be allowed access to Highway 544 from their property. Shared driveways are encouraged. Additional access points may be permitted provided their location and design adheres to the SCDOT Access and Roadside Management Standards. A copy of the encroachment permit shall be provided at the time plans are submitted for review.

Parcels located at an intersection of Highway 544 and another improved public roadway shall obtain access from the adjacent public roadway. Direct access to the corridor may be permitted when the parcel has 200 or more feet of corridor frontage, the access is no closer than 200 feet to another access, and the access is approved by SCDOT.

When applicable, access to a parcel shall be aligned directly with existing median crossovers. Accesses that do not align directly shall be located a minimum of 100 feet (edge to edge) from the nearest crossover.

Consolidation of access points. Reduction of access points to the corridor are encouraged due to the increases in operational efficiency that result. When any of the following strategies are used, participating businesses shall be entitled to the variations listed below.

Shared or joint access. Use of shared or joint access between two or more properties shall allow required parking for the adjacent uses to be reduced up to 25%.

Cross-access easements. Use of cross-access easements between properties resulting in access to parcels being restricted to existing median crossovers shall be entitled to reduce required parking up to 25%.

Parking lot access. Parking lots that directly access the corridor or a frontage roadway shall:

Be designed to ensure that entering vehicles maintain a travel speed of 15 mph to assist in reducing interference with through street traffic movements.

Provide an entrance drive "throat" length of no less than 100 feet to reduce conflicts between entering and exiting vehicles. Developments that generate less than 500 ADTs shall be exempt from this standard.

Place required landscaping or optional earthen berms outside required site triangles.

(8)

Parking Areas. To reduce the visual mass and enhance the appearance of parking areas from the corridor, a front buffer of twenty-five (25) feet or ten percent of a parcel's depth, whichever is less, and side and rear buffers equal to the side and rear setbacks of the underlying zoning district shall be installed and improved with landscape materials specified in (3)b.4, above. Display lots used in connection with businesses engaged in the sale, lease or rental of merchandise are exempt from the following standards; however; shall be required to comply with the landscaping and buffer requirements of (3)b.4, above.

Parking lots shall be distributed around the front or sides of proposed structures and outside the perimeter buffer. Parking may be located behind the proposed structure if desired.

Parking areas shall be screened from the corridor. Screening may be accomplished in any of the following ways:

Through retention of the natural vegetation within the perimeter buffer provided such vegetation is consistent with the requirements of (3)b-7 above; or

Through the placement of landscaping in the perimeter buffer that is consistent with the material requirements of (3).b.4; or

Through the placement of a berm no less than two feet in height and planted with a stabilizing ground cover or plant material resulting in a total height of 4-feet.

Parking areas shall be designed so that no one parking module contains more than 150 spaces. Parking within modules shall be grouped so that 9' × 14' parking islands are provided for every 20 parking spaces in a continuous row or for a maximum of 40 spaces per bay between parking islands. Parking islands shall be surrounded by curbing to prevent vehicular intrusion and improved with at least one 2½ inch caliper canopy tree to reduce parking lot heat and glare. The remaining area of the parking island shall be planted with vegetation that complements the structure or a suitable groundcover.

Parking areas containing more than 150 spaces, in addition to the meeting the requirements above, shall also provide a 10-foot landscaped island between each parking module. Landscaping placed within such islands shall be sufficient to provide visual relief from the mass of the parking area.

Parking areas shall be lit to provide safety for the patrons utilizing the lot and shall have their height restricted as follows:

Parking lot lighting in both the East Highway 544 and West Highway 544 sections shall have lighting no greater than 25 feet in height; and

New businesses, which can justify to the Zoning Administrator or their designee, their need to install parking lot lighting higher than 25 feet, may be exempt from this restriction; and

Lighting required for special events will be exempt from this ordinance; and

All lighting shall be directed to ensure no spillover lighting occurs on adjacent properties or public rights-of-way and shall not cause illumination in excess of one (1) footcandle across any residential lot line in any residential district.

Parking space reductions. The number of required parking spaces, as determined by the zoning ordinance, may be reduced under the following conditions:

The reduction is no greater than fifteen (15) percent of the total parking required for the proposed use; and

The perimeter buffer is increased to thirty-five (35) feet and the required landscaping is increased at a rate of twenty-five (25) percent of that required in (3).b.4; or

Parking islands are provided for every 15 parking spaces in a continuous row or for a maximum of 30 spaces per bay between parking islands. Such islands shall be improved as specified above.

(9)

Signage.

On-site signage requirements. To reduce "overload" and sign clutter in the corridor, the following standards shall apply to on-site signage. For developments within the East and West Highway 544 sections the following shall apply:

Properties with 400 feet of corridor frontage shall be permitted one thirty-five-foot tall freestanding "primary" identification sign. For each additional 400 feet of corridor frontage, an additional identification sign, 25 feet in height, shall be permitted. In no instance shall a site have more than three on-site freestanding signs.

Out-parcels that are a part of a major commercial development which have less than 400 feet of corridor frontage shall be permitted one 8-foot high monument-style sign from finished grade. For corner out-parcels, two monument-style signs shall be permitted — one per frontage.

Individual parcels with between 200 and 400 feet of corridor frontage shall be permitted one freestanding sign, 25 feet in height. Individual parcels with less than 200 feet of corridor frontage shall be limited to one 8-foot high monument-style sign from finished grade.

When a site's primary or secondary access is from a roadway other than the corridor, one identification sign, 25 feet in height, for every 400 feet of roadway frontage shall be permitted. Notwithstanding item "a" above, the total number of on-site freestanding signs shall not exceed three.

Freestanding and monument-style sign area (advertising area) shall be determined by the amount of frontage the parcel has on the corridor. For parcels with less than 400 feet of frontage, the sign area shall equal ½ a square foot or portions thereof rounded up to the nearest one square foot of sign area for every one-foot of roadway frontage. For parcels with greater than 400 feet of frontage, the sign area may equal to ½ a square foot for the first 400 feet of frontage plus an additional 1 square foot of sign area for each additional 1 foot of frontage beyond the initial 400 feet. In no case shall total sign area on a site, excluding out-parcels, exceed 750 sq. ft. For any site, which has more than one sign as addressed in "a" above, the total combined sign area for all of the signs shall not exceed 750 sq. ft. For small odd shaped parcels or lots with unique situations, a minimum of 50 square feet of sign area will be allowed. The sign area for the East Highway 544 section located to the south of the Highway 544 right-of-way shall have a maximum of 200 square feet. The maximum sign area allowed for any 8-foot sign will be 100 square feet. The sign area or advertising area computation standard is established in the Zoning Ordinance.

Freestanding and monument-style signage shall be architecturally designed to reflect the character of the structure for which they are advertising.

Animated signs or signs with flashing lights are prohibited in the corridor, except that time temperature boards, and light emitting diode (LED) displays shall be allowed.

Internal illumination of freestanding sign shall required. Monument style-signage may be externally lit provided the illumination source is shielded from the corridor. When internal illumination of freestanding signs is not possible, the Zoning Administrator may permit external illumination.

Signage Allowed by Property Type and Corridor Frontage

Type of Property (1)	Length of Corridor Frontage	Number of Signs (2)	Type of Sign	Height (3)	Sign Area Computation (4)
Freestanding single parcel	Less than 200 feet	1	Monument	8 feet	½ sq. ft. for each linear ft. of frontage
Freestanding single parcel	200—399 feet	1	Freestanding	25 feet	½ sq. ft. for each linear ft. of frontage
Freestanding Single parcel	More than 400 feet or portion thereof up to 799 feet	1	1 - Freestanding "primary"	35 feet	½ sq. ft. for each linear ft. of frontage up to 400 feet plus 1 sq. ft. for each linear ft. of frontage over 400 feet.
Freestanding Single parcel	Each additional 400 feet of frontage	1	1 - Freestanding "secondary"	25 feet
Commercial Center (6)	More than 400 feet or portion thereof up to 799 feet	1	1 - Freestanding "primary"	35 feet	½ sq. ft. for each linear ft. of frontage up to 400 feet plus 1 sq. ft. for each linear ft. of frontage over 400 feet.
Commercial Center (6)	Each additional 400 feet of frontage	1	1 - Freestanding "secondary"	25 feet
Out-parcel that is part of a commercial center (5)	Less than 400 feet	1	Monument	8 feet	½ sq. ft. for each linear ft. of frontage

Notes:

When a site's primary or secondary access is from a roadway other than the corridor, one identification sign, 25 feet in height, for every 400 feet of roadway frontage shall be permitted.

In no instance shall a site have more than three (3) freestanding signs.

Sign height shall be measured from finished grade.

Maximum sign area per site shall be no greater than 750 sq. ft. Out-parcels of a commercial center, as defined below, shall not be counted as part of the commercial center maximum sign area.

Out-parcels located on the corner of property within a commercial center shall be permitted two 8-foot high monument-style signs, one on each roadway frontage.

Signage on parcels improved with commercial centers, as defined below, shall be calculated based on the total roadway frontage that such parcel has inclusive of any out-parcels that may be part of the commercial center. Signage for out-parcels that are part of a commercial center shall be calculated as shown in the above table.

A Commercial Center is defined as a development where more than two (2) businesses are located in a single structure and where there may be additional detached structures on the property that are on out-parcels, leased or owned fee-simple.

Off-premises advertising signage. The following requirements shall pertain to the placement of off-premises advertising signage in the corridor.

RESERVED

723.5

Highway 707 Overlay Zone.

(A)

Purpose .

(1)

The Highway 707 Overlay Zone is established to implement strategies identified in the Burgess Community Area Plan by providing standards relative to accessibility, appearance, and safety in the development of commercial, industrial, multi-family residential, major residential subdivisions, and office projects that utilize Highway 707 as their primary means of access.

(2)

The overlay is established to provide unified development that promotes a sense of place and provides opportunities to develop projects engineered to be compatible with the carrying capacity of Highway 707 as a major urban corridor.

(3)

When any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these overlay zone standards are more relaxed.

(B)

Applicability .

(1)

The standards that follow shall be applicable to any modified or newly constructed commercial, industrial, major residential subdivisions, multi-family residential, or office development, as established in the table below, that is located partially or completely within the boundaries established within the boundaries section of this ordinance. Single-family lots not included in a major subdivision are exempt from these regulations. Major residential subdivisions shall incorporate the perimeter landscaping, lighting, and signage requirements herein into the overall subdivision site design.

(2)

Modification is defined as: Interior and/or exterior improvements, upfits, or renovations, and new construction to land and buildings. Water, sewer, and electrical expenditures shall be included in the costs of improvements for any expansion or new construction. General maintenance and repair of any water, sewer, or electrical in updating an existing structure where no new expansion will occur are exempt from the standards established below.

Levels of Modification

Level of Modification	Percent of value (cost of modification divided by existing bldg and land value, times 100)	Applicable sections of this overlay district that must be adhered to
Signage	NA	Any relocation or modification to signage requiring a building permit shall comply with signage requirements
Very Minor	>0 percent to 4 percent	New vehicle use areas shall comply with parking requirements
Minor	5 percent to 20 percent	Above plus foundation landscaping and signage requirements must be adhered to
Significant	21 percent to 49 percent	Above plus all exterior walls, creation of cross access easements and perimeter landscaping
Major	50 percent or more	All sections of the overlay must be adhered to

Notes:

1. Relocation due to road widening shall be pursuant to state law but exempt from these standards.

(3)

If an existing business is damaged or destroyed due to an act of nature (flood, hurricane, tornado, etc.), or catastrophic event and is reconstructed within twelve (12) months of such damage or destruction, the standards contained herein shall not apply. This exemption, however, shall not relieve the property owner of having to meet applicable building or zoning regulations that may be in place at the time of reconstruction. Reconstruction shall be limited to the existing footprint prior to destruction.

(C)

Boundaries .

(1)

The Highway 707 Overlay Zone shall begin at the stoplight at the intersection of Highway 707 and Dick Pond Road or the old alignment of Highway 544 and travel south to the Georgetown County line. The existing Socastee Overlay Zone is located on the northern section of Highway 707 between Highway 17 Bypass and ends at the stoplight at the intersection of Highway 707 and Dick Pond Road or the old alignment of Highway 544 and should not be confused with this Highway 707 Overlay Zone.

(2)

Corridor and overlay are used interchangeably throughout these regulations. When referenced, it shall mean the area generally two hundred (200) feet from the edge of the Highway 707 right-of-way lines between the established beginning and ending points indicated above, and the Commercial Nodes measured one-quarter (¼) mile in diameter from the centerline intersections of Highway 707 and Bay Road, Holmestown Road, and Tournament Boulevard. The maps herein of the Highway 707 Overlay Zone provide the location of the boundaries of this Overlay.

B_723.5_1.png

B_723.5_2.png

B_723.5_3.png

(D)

Development and design requirements. In addition to the requirements of the applicable underlying zoning district, the following supplemental development regulations shall apply:

(1)

Buildings .

Roof mounted mechanical equipment within the Overlay shall be enclosed or screened to ensure that such features are not visible. Enclosures and screens shall be compatible to the architectural style of the proposed building.

Roof drains shall allow runoff to the required foundation landscaping specified below unless it is determined to be infeasible by the Horry County Stormwater Department.

Suitable finish materials shall be high quality materials, including but not limited to:

Brick, stucco;

Glass;

Synthetic clapboard siding (cementious, vinyl, metal or wood);

Split face or colored decorative block;

Wood;

Sandstone, stone, other native stone or cementious siding;

Tinted, textured, concrete masonry units;

Brushed, stamped, or polished aluminum panels.

Shingles, metal standing seam, tile or other roofing materials with similar appropriate texture and appearance shall be utilized on roofs within the Overlay. Flat roofs are not discouraged where they are appropriate to the design theme of the structure.

No length of any facade shall exceed twenty (20) linear feet without including at least one (1) of the following: pilasters, columns, offsets, reveals, projecting ribs, canopies/porticos, colonnades, windows, trellis with vines, or an equivalent element that subdivides the wall into human scale proportions.

Facade colors shall be subtle, neutral or earth tone colors.

Building trim and accent areas may feature brighter colors, including primary colors, but in no instance shall trim incorporate neon paint.

Garage doors and shipping doors shall not be visible from Highway 707 or any public right-of-way within the Commercial Nodes.

(2)

Structure heights. Structures within the Highway 707 Overlay shall not exceed thirty-five (35) feet in height. The roof, copulas, spires, or other ornamental features are permitted to increase building height to fifty (50) feet, but the height of the living space can be no higher that thirty-five (35) feet. The height of steeples, bell towers, or spires of churches, synagogues, temples, or other places of worship may be increased up to seventy-five (75) feet in height.

(3)

Wetland protection. Setbacks shall be measured from the edge of wetlands located on a parcel. Landscape materials and buffer requirements shall be reduced along the periphery of undisturbed wetlands by fifty (50) percent. In the instance that a wetland is disturbed and/or timber is removed, the landscaping requirements herein shall be met. Wetland delineation is required on all plans submitted for development review.

(4)

Impervious surface area. In no instance shall impervious surfaces constitute more than sixty-five (65) percent of total lot area unless parking areas utilize Low Impact Development (LID) standards as established in § J.5. Ponds used for drainage design shall not be included in the impervious area calculations. Impervious surfaces exceeding the threshold shall use pervious materials to meet the regulations herein.

(5)

Landscaping and buffer requirements. To promote a continuous and unified theme, improve the appearance of structures and provide protection to adjacent properties from the negative impacts of more intense development, the following standards shall apply. Acceptable plant species, maintenance standards, and sizes to meet the above requirements are listed in the Horry County Landscaping Species Booklet. All plantings shall be automatically irrigated.

Foundation landscaping. Landscaping shall be provided around the foundation of structures visible from any public right-of-way. Foundation landscaping shall incorporate disconnected roof drains as part of the stormwater and irrigation design. Foundation landscaping can be accommodated in a five-foot strip using raised planters or at grade beds according to the formula and standards below:

Calculation of required landscaping:

PR = L or W/ 3.0

Where: PR = number of plants required

L or W = building length or width, in feet, visible from any public right-of-way

For each canopy or understory tree that is provided to meet the foundation landscaping requirements, the total number of required plants may be reduced by two (2).

Perimeter landscaping. A landscape buffer shall be provided around the perimeter of any parcel within the Overlay. The buffer shall be twenty-five (25) feet along Highway 707 and be equal to the side and rear setbacks required for the underlying zoning district elsewhere on the site. When a parcel does not front Highway 707, or is located within a Commercial Node, the front buffer shall be reduced to twenty (20) feet. Permitted uses within the required buffer include driveway access, transit oriented uses including bus stops and shelters, pedestrian and bike paths, lighting fixtures, signs, benches and other streetscape furniture.

The perimeter buffer shall be improved in the following manner:

(a)

Be planted with materials capable of survival in the environment in which they are installed with minimal maintenance;

(b)

Be designed and planted in a manner that does not obstruct access to stormwater conveyance facilities;

(c)

Complement the structure, through color and foliage cover, for which they are planted around; and

(d)

Include the following mixture of plant materials per one hundred (100) feet of buffer length:

• Three (3) canopy trees or palmetto trees, equally spaced;

• Three (3) understory trees that flower or have foliage that changes color seasonally, equally spaced;

• Twenty (20) shrubs, of which fifty (50) percent shall have annual blooms; and

• Eight (8) evergreens (may be tree or shrub variety).

Streetscape landscaping. Parcels fronting Highway 707 and located outside of Commercial Nodes shall place canopy trees linearly along the exterior of the front landscape buffer. The canopy tree requirement in § D.5.b.1 shall be replaced by a row of canopy trees placed twenty-five (25) feet apart on center in a continuous row. The buffer shall utilize those species identified as acceptable in streetsides and walkways in the Horry County Landscaping Species Booklet.

In addition to the landscaping requirements above, when any non-residential zoned properties being developed abut a residential zoned property, one (1) of the following two (2) options shall be installed along the sides or rear property lines which abuts that residential property within the perimeter buffer of the newly developed site and internal to the required landscaping;

• A three-foot high berm can be installed along with three (3) feet of plantings; or

• A six-foot privacy fence.

When a new major residential development is created adjacent to or abutting to an existing non-residential zoned property within the two-hundred-foot Overlay, it is the responsibility of that new residential development to create one (1) of the two (2) options listed above.

When a berm is installed, it shall be improved in accordance with the standards indicated in the Berm Construction requirements below.

No fence, berm, or landscape material shall be designed or located in a manner that obstructs the vision of vehicular traffic at street and/or driveway intersections. No fence or berm shall be placed within an existing stormwater easement or on top of a stormwater conveyance facility. Fences and berms shall be designed and placed in a manner that does not obstruct access to stormwater conveyance facilities. Methods used may include, but are not limited to, gates and berm breaks sufficient to accommodate maintenance vehicles.

In addition to the perimeter landscaping requirements above, landscaping and berming shall be employed to buffer parking areas within the Overlay. Buffering may be accomplished through the retention of vegetation in the required buffer area or through the placement of a berm not less than two (2) feet in height and planted with a stabilizing ground cover, or placement of plants or shrubs that are a minimum of eighteen (18) inches at the time of planting and no greater than six (6) feet apart. Parking area landscaping and berming shall be interior to the perimeter landscaping requirements.

When a natural, undisturbed buffer utilizing trees and shrubs, achieving fifty (50) percent opacity six (6) to eight (8) feet in height at the time of occupancy, is retained along the front, sides and rear of a modified or newly developed property, a waiver of the required perimeter landscaping may be granted. Said waiver shall not be granted where residential is abutting. The Zoning Administrator or designee upon review of a site plan identifying the vegetation retained in the buffers shall determine the granting of such waiver.

When plants retained do not meet the minimum landscaping requirements herein at the time of scheduled occupancy, supplemental plantings shall be required at the discretion of the Zoning Administrator or designee, and if the intent of the landscaping requirements herein are achieved.

Natural, undisturbed buffers meeting the following standards may qualify for the perimeter-landscaping waiver:

• A fifteen-foot buffer is retained along the front of the parcel; and

• A ten-foot buffer is retained along the sides and rear of the parcel.

Berm construction requirements.

(a)

Have side slopes no greater than 3:1;

(b)

Be vegetated with the plant materials indicated in the perimeter landscaping requirements above, (applies when berm is used between non-similarly zoned properties); and

(c)

Non-vegetated areas on the berm shall be covered with a groundcover, mulch, or grass suitable to stabilize the side slopes of the berm.

(d)

Breaks in the berm may be permitted every six (6) to eight (8) feet where situations exist to allow for necessary site drainage.

Drainage and utility encroachment into the perimeter buffer.

(a)

Stormwater facilities and conveyances encroaching into the perimeter buffer—New stormwater facilities including conveyances shall not be located on the exterior of any required landscape buffer unless said facilities are part of a Low Impact Development plan approved by the Horry County Stormwater Department. If an existing conveyance or stormwater facility exists along the property line or in the area which would normally constitute the buffer location, then the buffer width must be met internal to said facility or conveyance. Any encroachment into the buffer area shall be on the interior of the buffer area and may not encroach more than ten (10) percent into the total required width of the buffer. An encroachment includes any required easement width necessary to access and/or maintain the facility or conveyance to meet the requirements of Horry County Stormwater.

(b)

Utility encroachment into the perimeter landscaping—Water, gas and electric utilities shall only encroach perpendicular into the landscaped areas of the perimeter buffer.

(E)

Access to public pedestrian facilities.

(1)

At least one (1) internal pedestrian walkway with a minimum width of five (5) feet shall be provided from the primary building entrance to the public sidewalk system to provide a reasonable direct path for entrance/exit. In the case of corner lots, a connection shall be made to the sidewalk of both streets. If no public sidewalk system exists adjacent to the property then the pedestrian access shall be constructed up to the right-of-way.

(2)

Pedestrian pathways shall be constructed with asphalt, cement or other comparable material. All internal pedestrian walkways shall be distinguished from driving surface materials through the use of durable, low maintenance surface materials such as pavers, bricks, or scored/stamped concrete or asphalt to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways (painted or striped crosswalks do not satisfy this requirement). Use of pervious materials is encouraged for pedestrian areas and facilities.

(3)

A speed table or textured surfaces creating a rumble effect shall be required at high volume pedestrian crossings (where use generates above two thousand (2,000) ADT's).

(4)

Pedestrian zones in front of commercial buildings, retail, stripcenter and linear multi-entrance office. A pedestrian zone including sidewalks, landscape planters and amenities such as benches, fountains or public art shall be provided adjacent to the entrances of every retail or linear multi entrance office building in scale with the size of building. The width shall be no less than five (5) feet of walkable area. Said pedestrian zone can be located internal or external to the foundation landscaping requirement of this ordinance.

(F)

Ancillary outdoor storage.

(1)

The following are requirements for ancillary outdoor storage in non-residential districts located within the Overlay. All uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (overnight parking) shall not be permitted unless in conformance with the following regulations:

All proposed areas used for ancillary outdoor storage and the associated method of screening shall be indicated on an approved site plan along with scaled elevation drawings indicating the type of screening and materials proposed to be used.

Outdoor storage shall be accomplished by the construction of a minimum eight-foot privacy fence. No portion of the fence shall be used for advertising and display of signage.

Outdoor storage shall observe the same setback requirements as that of the principal building.

Outdoor storage areas cannot be located forward of the principal building and when possible shall be located to the side of the building not facing a public street.

Materials stored outdoors, excluding vehicles, trailers, or mobile machinery or equipment shall be stacked no higher than one (1) foot below the top of required screening device.

The outdoor storage and display of living plant material (i.e., garden center) and its associated materials may have this provision waived by using a combination wrought iron and masonry screen.

Any merchandise typically associated with a retail garden center such as mulch, lawn equipment, propane items, barbeque grills, paving stones, landscaping timbers, bird baths, garden chemicals, etc. may be stored within this area provided that these items are not prominently displayed or featured from the public right-of-way through the wrought iron portion of the screen. This may be accomplished by placing living plant materials such that these plants serve as a semi-opaque screen for the non-living plant material.

Storage of hazardous or toxic materials shall be covered by a roof in a designated area on a paved impermeable surface and within a berm or other secondary containment. The containment area shall be installed with no drain.

The following activities are excluded from the requirements:

General construction activities.

Facilities with primary outside storage for leasing, rental or sale activities, including vehicle sales, boat sales, manufactured home sales, storage building sales, and equipment rental.

(G)

Leasing, rental, or sale facilities.

(1)

Display lots shall not be included in the parking space calculation.

(2)

Each business shall be permitted one (1) display pad, no larger then two hundred (200) square feet, for merchandise sold at such establishment. An additional display pad shall be permitted or each two hundred (200) feet of frontage. The display pad shall be located behind the required perimeter buffer and may be elevated a maximum of eighteen (18) inches above finished grade.

(3)

Merchandise shall not be permitted to be temporarily or permanently placed or parked within the front buffer.

(H)

Shipping/receiving areas and utility location.

(1)

Proposed structures within the Overlay, requiring shipping docks for the receipt or shipping of merchandise shall locate such docks in the rear of the structure or within a service courtyard shared by different businesses. Shared courtyards may be accessed from the front of the structure provided the entrance to such area is designed to blend into the architectural style of the structure and no docks are visible from Highway 707 or adjacent parking areas.

(2)

(I)

Access management.

(1)

Parcel access.

Access to Highway 707 shall adhere to the SCDOT Access and Roadside Management Standards.

Parcels located at an intersection of Highway 707 and another improved public roadway shall obtain access from the adjacent public roadway.

(2)

Cross-access easements shall be required on all parcels within the Overlay.

A stub for future access shall be provided to all adjacent vacant land fronting Highway 707.

Cross access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of twenty-two (22) feet or one-way aisles each with a minimum width of eleven (11) feet.

The cross access standard may be waived by the Planning Department if the applicant demonstrates it is impractical to provide access due to:

Topography and natural features.

Size and configuration of the site.

Vehicular safety factors.

Existing development patterns on adjacent developed sites that make cross access impossible.

A cross access easement shall be recorded by the owner/developer prior to the issuance of zoning compliance.

(J)

Parking.

(1)

Parking lots shall be distributed around the front, sides and rear of proposed structures and outside the perimeter buffer. No more than fifty (50) percent of total parking may be located in front of a building.

(2)

Parcels wherein parking is located completely to the side and rear of the principle building shall be eligible to encroach to the front perimeter buffer regardless of the setback requirement of the underlying zoning district.

(3)

Parking areas shall be designed so that no one (1) parking module contains more than seventy-five (75) spaces. Parking within modules shall be grouped so that nine-foot by fifteen-foot parking islands are provided for every fifteen (15) parking spaces in a continuous row or for a maximum of thirty (30) spaces per bay between parking islands.

(4)

Parking areas containing more than seventy-five (75) spaces, in addition to meeting the requirements, above, shall also provide a ten-foot landscaped island between each parking module. Landscaping placed within such islands shall meet the parking island requirements below.

(5)

In order to be exempt from the impervious area percentage calculation in § D.4, parking islands shall incorporate Low Impact Development (LID) measures listed below.

Parking islands shall be constructed below the grade of the parking surface so as to accept surface water runoff. When curbing is used, sufficient curb cuts shall be included to allow proper drainage of the parking area.

Parking islands shall be incorporated into the stormwater management and grading plan utilizing one (1) of the following treatments:

Vegetated filter strips;

Bioretention areas;

Infiltration bio-swales;

Vegetated swales;

Infiltration basins;

Infiltration trenches;

Sand filters; and

Created wetlands.

(6)

Parking spaces above the minimum required.

Parking may be increased above the minimum required utilizing pervious paving material including but not limited to brick pavers, grass pavers, porous asphalt and porous concrete.

(7)

Shared parking. The number of parking spaces required by the Horry County Zoning Ordinance may be reduced up to fifteen (15) percent of the total parking required for the proposed use when shared parking is utilized.

(K)

Lighting .

(1)

Detailed lighting plan required. The lighting plan shall show the location of all site lighting. The lighting plan shall include specifications and details of all fixtures, and a photometric plan. The photometric plan may be waived for small or infill sites where code compliance and compatibility can be determined through other data.

(2)

Orientation and shielding. All lighting shall be directed to ensure illumination and glare does not exceed one (1) footcandle across any lot line. Lighting shall be installed in a fixture that is shielded so that no portion of the light extends below the bottom edge or above the top edge of the shield and the main beam from the light source is not visible from adjacent lands or the adjacent right-of-way. Exceptions to this include lighting for ingress/egress and along property boundaries where shared parking is utilized.

(3)

Type . Each outdoor luminary shall be a recessed or a full cutoff luminary, and the use of decorative luminaries with full cutoff optics is desired.

(4)

Hue . Exterior lighting sources shall be color neutral types such as halogen or metal halide. Light types of limited spectral emission such as low-pressure sodium or mercury vapor lights are prohibited.

(5)

(6)

Prohibited lighting. The following exterior lighting fixtures are prohibited: neon, searchlights, laser source lights, or any similar high-intensity light, except in emergencies by police and fire personnel.

(7)

Canopy lighting. Lighting installed on canopies or drive-thru facilities are permitted an average footcandle reading of twenty (20) footcandles under any area that is illuminated. Lighting shall use diffusers and be shielded. No light source or lens in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling, unless the fixture is of a full cut-off design.

(8)

Parking areas that are lit to provide safety for the patrons utilizing the lot shall have their luminary height restricted as follows:

Parking lot lighting shall have lighting no greater than sixteen (16) feet in height; and

Lighting required for special events will be exempt from this ordinance.

(9)

Building lighting.

Property owners and managers are encouraged to safely illuminate building entry/exit locations; however, such areas shall only be illuminated using wall-mounted lights as described below or off-building lighting that does not generate glare or otherwise allow the light to be viewed directly from off the property. Building walls may be illuminated.

Wall-mounted lights. Wall-mounted lights shall be fully shielded luminaries. Nothing in this subsection shall prevent the use of sconces or other decorative lighting fixtures with wattage equal to or less than one hundred (100) watts.

(L)

Sign regulations.

(1)

Off-premise advertising signage is prohibited. No new or additional off-premise signs shall be allowed or permitted in the defined area of the Overlay Zone.

(2)

On-premise signs.

Signage Allowance by Road Frontage

Length of Road Frontage	Sign Allowance	Sign Height	Sign Area Computation
More than 200 feet	1	12 feet	1 sq. ft. for every 1 linear foot of frontage—not to exceed 400 sq. ft.
Less than 200 feet	1	8 feet

Notes:

1. Sign height shall be measured from average finished grade.

All signage located within the Overlay shall be monument style.

When a sign is relocated or modified, it shall meet the requirements of this ordinance per the Levels of Modification table. Relocation of signage for road projects is exempt from this requirement.

When a site is a corner lot accessed by multiple roadways, one additional monument-style sign limited to eight (8) feet in height measured from finished grade shall be permitted for every four hundred (400) feet of total roadway frontage. Said sign shall be placed along the secondary roadway. In no circumstances shall a parcel have more than two (2) signs.

Commercial development, office subdivisions, and strip centers with multiple tenancy are encouraged to incorporate "Burgess" into the name of associated signage regulated herein.

(3)

Signs shall have a minimum separation of fifty (50) feet.

(4)

All signs shall be erected at least ten (10) feet from any side or rear property lines, and shall be located outside all clear site triangles.

(5)

Signage shall be architecturally designed to reflect the character of the structure for which they are advertising.

(6)

Signage may be internally or externally lit provided the illumination source is shielded for the public right-of-way.

(7)

Changeable manual signs and signs with flashing lights are prohibited in the Overlay.

(8)

Electronic message boards are permitted.

Only one (1) electronic message board is allowed per road frontage.

Electronic message boards shall adhere to the lighting requirements herein.

The electronic message board center cannot exceed fifty (50) percent of the allowable sign area.

Animation and full motion video is prohibited.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

Limits on maximum brightness (permit application must include details from the manufacturer of sign indicating that the sign will automatically dim at night).

One thousand (1,000) nits at night.

(9)

Common identification signage shall be allowed in commercial subdivisions (those developments in which individual lots will be or have been created in accordance with the Land Development Regulations and leased or owned fee simple) provided that:

The common identification sign is located on a parcel of common property within the subdivision and is shown on the recorded plat for the subdivision.

The advertising area of the common sign is limited to:

One hundred (100) square feet for subdivisions consisting of one (1) to five (5) lots;

Two hundred fifty (250) square feet for subdivisions consisting of six (6) to ten (10) lots;

Four hundred (400) square feet for subdivisions consisting of eleven (11) or more lots.

Advertising area of the common identification sign may be increased by fifty (50) percent when lots within the proposed subdivision are to be improved with businesses that have registered logos or trademarks.

The sign is setback a minimum of ten (10) feet from any property line not abutting a right-of-way, shall not protrude into any public right-of-way, except as otherwise permitted and shall be setback no less than ten (10) feet from the edge of the curb, any paved roadway, or the edge of the traveled portion of any unpaved roadway.

(10)

Prohibited signs.

B_723.5_4.png

Portable signs.

A-frame.

Signs on trailer frames with or without mounted wheels.

Signs on or attached to vehicles which meet the following:

Have a total copy area in excess of ten (10) square feet; and

The vehicle is used primarily for advertising in a stationary manner;

ii.

Vehicles that are used on a regular basis for transportation may have professional installed vehicle wrap; and

iii.

The vehicle must display a valid license plate.

Flashing, moving, animated coursing, blinker, racer-type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, ribbons, streamers, spinners, and other similar types of attention-getting devices such as fishing boats and buoys.

Signage used on bus transit shelters within the right-of-way.

Signs attached to trees or utility poles or canopy support structures.

Bench signs.

Roof sign.

Traffic sign replica.

"Stick-in" signs.

Banner signs shall be prohibited except as temporary commercial signs used to advertise a Grand Opening/New Management/Going Out of Business Sign.

(Ord. No. 20-13, § 1, 5-7-13)

Editor's note— Ord. No. 20-13, § 1, adopted May 7, 2013, repealed former § 723.5 and enacted a new § 723.5 as set out herein. The former section pertained to similar subject matter. For prior history, see the Code Comparative Table.

723.6

Burgess Area Overlay Zone .

(A)

Purpose . The Burgess Area Overlay Zone is established to provide standards relative to accessibility, appearance and safety in the development of commercial, industrial, multi-family residential, major residential subdivisions, and office projects that utilize Holmestown Road or McDowell Shortcut Road as their primary means of access. Furthermore, the overlay is established to provide unified development that promotes a sense of place and provides opportunities to develop projects engineered to be compatible with the carrying capacity of Holmestown or McDowell Shortcut, both major urban corridors. In the event that, any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these overlay zone standards are more relaxed.

(B)

Applicability .

(1)

The boundaries of the Burgess Area overlay zone are established herein. The standards that follow shall be applicable to any development, excluding individual single-family lots of record existing at the time of adoption of this ordinance, as established in the table below which is located partially or completely within the boundaries established within the boundaries section of this subsection.

Levels of Modification

Level of Modification	Percent of value (cost of modification divided by existing improvement value, times 100) ^*	Applicable sections of this overlay district that must be adhered to.
Very minor	1 to 9 percent	All new exterior walls must adhere to the facade and foundation landscaping requirements.
Minor	10 percent to 39 percent	Above plus all window signage must be brought into compliance.
Significant	40 percent to 74 percent	Above plus all existing exterior walls must adhere as well as complete foundation landscaping.
Major	75 percent or more	All sections of the overlay must be adhered to including signage.

Footnotes:

^* Cost of modification shall be determined by the total permit value of all building permits over a rolling five-year time period.

^** Permit values where interior and exterior values are broken out, only the exterior portion of the permit value shall count towards the cost of the modification. If the values are not separated the whole value of the permit shall count towards the cost.

^*** Any relocation or modification to signage requiring a building permit shall comply with signage requirements.

(2)

Expenses incurred for general maintenance and repair of water; sewer and electrical where no new expansion will occur.

(3)

Any building that is partially located within the boundaries, shall comply with these regulations. If an existing business is damaged or destroyed due to an act of nature (flood, hurricane, tornado, etc.), or catastrophic event and the building permit is acquired within twelve (12) months and is reconstructed within twenty-four (24) months of such damage or destruction, the standards contained herein shall not apply. This exemption, however, shall not relieve the property owner of having to meet applicable building or zoning regulations that may be in place at the time of reconstruction.

(4)

Any change of use that requires additional parking shall bring the entire parking lot into compliance with the parking lot standards of this overlay.

(5)

Multi-family development existing at the time of adoption of this overlay shall only adhere to the sign standards. No other sections shall apply.

(C)

Boundaries.

• The Boundaries referenced below will be referred to as the "Main Corridor" throughout this ordinance.

(1)

The Burgess Area Overlay Zone shall begin at the boundary of the Commercial Node at Highway 707 and Holmestown Road (SC #1240) and travel east until Holmestown Road ends at the intersection of Highway 17 Bypass and Holmestown Road. The Overlay does not include those parcels located within the Commercial Node at Highway 707 and Holmestown, measured one-quarter (¼) mile from the centerline intersection.

The second portion of the Burgess Area Overlay zone shall encompass the entirety of McDowell Shortcut Road (S-477). The boundaries shall commence from the initial intersection of McDowell Shortcut Road and Highway 707 and proceed south to the terminal intersection of McDowell Shortcut Road and Highway 707.

(2)

The Overlay shall extend 200 feet to either side of the right-of-way lines of Holmestown Road and McDowell Shortcut Road as shown in the map herein. Corridor and overlay are used interchangeably throughout these regulations.

B_723.6_1.png

(D)

Development and design requirements . In addition to the requirements of the applicable underlying zoning district the following supplemental development regulations shall apply.

(1)

Buildings .

Roof mounted mechanical equipment within the main corridor shall be enclosed or screened to ensure that such features are not visible. Enclosures and screens shall be compatible to the architectural style of the proposed building;

Roof drains shall allow runoff to the required foundation landscaping specified below, unless determined to be infeasible by Horry County Stormwater.

Suitable exterior building materials shall be high quality materials, including but not limited to:

Brick, stucco;

Glass;

Synthetic clapboard siding (cementious, vinyl, metal or wood);

Split face or colored decorative block;

Wood;

Sandstone, stone, other native stone or cementious siding;

Tinted, textured, concrete masonry units;

Brushed, stamped, or polished aluminum panels.

Shingles, metal standing seam, tile or other roofing materials with similar appropriate texture and appearance shall be utilized on roofs visible from the corridor. Flat roofs can be used when they are appropriate to the design theme of the structure;

No length of any façade shall exceed twenty (20) linear feet without including at least one (1) of the following: pilasters, columns, offsets, reveals, projecting ribs canopies/porticos, colonnades, windows, trellis with vines, or an equivalent element that subdivides the wall into human scale proportions.

Facade colors shall be subtle, neutral or earth tone colors.

Building trim and accent areas may feature brighter colors, including primary colors, but in no instance shall trim incorporate neon paint.

Garage doors and shipping doors shall not face the main corridor.

(2)

Structure heights. Structures within the main corridor shall not exceed thirty-five (35) feet in height as defined in the zoning ordinance. The roof, copulas, spires, or other ornamental features are permitted to increase building height to fifty (50) feet, but the height of the living space can be no higher than thirty-five (35) feet. The height of steeples, bell towers, or spires of churches, synagogues, temples, or other places of worship may be increased up to seventy-five (75) feet in height.

(3)

Wetland protection . Setbacks shall be measured from the edge of wetlands located on a parcel. Landscape materials and buffer requirements shall be reduced along the periphery of undisturbed wetlands by fifty (50) percent. In the instance that a wetland is disturbed and/or timber is removed, the landscaping requirements herein shall be met. Wetland delineation is required on all plans submitted for development review.

(4)

(5)

Calculation of required landscaping:

PR = (L or W)/3.0

Where: PR = number of plants required

L or W = building length or width, in feet, visible from any public right-of-way

For each canopy or understory tree that is provided to meet the foundation landscaping requirements, the total number of required plants may be reduced by two (2).

Perimeter landscaping. A landscape buffer shall be provided around the perimeter of parcels within the main corridor. Buffers shall be improved in accordance with the standards below. Permitted uses within the required buffer include driveway access, transit oriented uses including bus stops and shelters, pedestrian and bike paths, lighting fixtures, signs, benches and other streetscape furniture.

The side and rear buffers shall be equal to the zoning district setbacks and improved in the following manner:

(a)

Be planted with materials capable of survival in the environment in which they are installed with minimal maintenance;

(b)

Complement the structure, through color and foliage cover, for which they are planted around;

(c)

Include the following mixture of plant materials per 100 feet of buffer length:

• 3 canopy trees or palmetto trees, equally spaced;

• 3 understory trees that flower or have foliage that changes color seasonally, equally spaced;

• 20 shrubs; and

• 8 evergreens (may be tree or shrub variety).

Streetscape landscaping. The buffer shall be twenty-five (25) feet along the main corridor or reduced to twenty (20) feet along roadways other than the main corridor. Said buffer area shall be grassed or mulched and automatically irrigated. Streetscape buffers shall utilize those species identified as acceptable in streetsides and walkways in the Horry County Landscaping Species Booklet. The streetscape buffer shall include the following mixture of plant materials per one hundred (100) feet of buffer length:

(a)

Four (4) canopy trees, equally spaced in a continuous row;

(b)

Four (4) understory trees that flower or have foliage that changes color seasonally, equally spaced in a continuous row; and

(c)

Twenty-five (25) shrubs; and

(d)

Ten (10) evergreens (may be tree or shrub variety).

In addition to the landscaping requirements above, when any non-residential zoned properties being developed abut a residential zoned property, one of the following two (2) options shall be installed along the sides or rear property lines which abuts that residential property within the perimeter buffer of the newly developed site and internal to the required landscaping;

• A 3-foot high berm can be installed along with three (3) feet of plantings; or

• A 6-foot privacy fence.

When a new major residential development is created adjacent to or abutting to an existing non-residential zoned property within the main corridor, it is the responsibility of that new residential development to create one (1) of the two (2) options listed above.

When a berm is installed, it shall be improved in accordance with the standards indicated in the berm construction requirements below.

In addition to the perimeter landscaping requirements above, landscaping and berming shall be employed to buffer parking areas within the main corridor. Buffering may be accomplished through the retention of vegetation in the required buffer area or through the placement of a berm not less than two (2) feet in height and planted with a stabilizing ground cover, or placement of plants or shrubs that are a minimum of eighteen (18) inches at the time of planting and no greater than six (6) feet apart. Parking area landscaping and berming shall be interior to the perimeter landscaping requirements.

When a natural, undisturbed buffer utilizing trees and shrubs, achieving fifty (50) percent opacity six (6) to eight (8) feet in height at the time of occupancy, is retained along the front, sides and rear of a property, a waiver of the required perimeter landscaping may be granted. Granting such waiver shall be determined by the zoning administrator or designee upon review of a site plan identifying the vegetation retained in the buffers. In no instance, shall a waiver be granted if the plants retained in the buffers are not equal, in number not plant type, to those required in subsections D.5.b.1 or D.5.b.2 above.

When plants retained do not meet the minimum landscaping requirements herein at the time of scheduled occupancy, supplemental plantings shall be required at the discretion of the zoning administrator or designee, and if the intent of the landscaping requirements herein are achieved.

Natural, undisturbed buffers meeting the following standards may qualify for the perimeter-landscaping waiver:

• A fifteen-foot buffer is retained along the front of the parcel; and

• A ten-foot buffer is retained along the sides and rear of the parcel.

(6)

Berm construction requirements.

Have side slopes no greater than 3:1;

Be vegetated with the plant materials indicated in the perimeter landscaping requirements above, (applies when berm is used between non-similarly zoned properties);

Non-vegetated areas on the berm shall be covered with a groundcover, mulch, or grass suitable to stabilize the side slopes of the berm; and

Breaks in the berm may be permitted every six (6) to eight (8) feet where situations exist to allow for necessary site drainage.

(7)

Drainage and utility encroachment into the perimeter buffer.

Stormwater facilities and conveyances encroaching into the perimeter buffer. New stormwater facilities including conveyances shall not be located on the exterior of any required landscape buffer unless said facilities are part of a low impact development plan approved by the Horry County Stormwater Department. If an existing conveyance or stormwater facility exists along the property line or in the area which would normally constitute the buffer location, then the buffer width must be met internal to said facility or conveyance. Any encroachment into the buffer area shall be on the interior of the buffer area and may not encroach more than ten (10) percent into the total required width of the buffer. An encroachment includes any required easement width necessary to access and/or maintain the facility or conveyance to meet the requirements of Horry County stormwater.

Utility encroachment into the perimeter landscaping. Water, gas and electric utilities shall only encroach perpendicular into the landscaped areas of the perimeter buffer.

(E)

Access to pedestrian facilities.

(1)

(2)

(3)

A speed table or textured surfaces creating a rumble effect shall be required at high volume pedestrian crossings (where use generates above 2,000 ADT's).

(4)

(F)

Ancillary outdoor storage.

(1)

The following are requirements for ancillary outdoor storage in non-residential districts located within the main corridor. All uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (overnight parking) shall not be permitted unless in conformance with the following regulations:

Outdoor storage shall be accomplished by the construction of a minimum eight-foot privacy fence. No portion of the fence shall be used for advertising and display of signage.

Outdoor storage shall observe the same setback requirements as that of the principal building.

Outdoor storage areas cannot be located forward of the principal building and when possible shall be located to the side or rear of the building not facing a public street.

Materials stored outdoors, excluding vehicles, trailers, or mobile machinery or equipment shall be stacked no higher than one (1) foot below the top of required screening device.

The outdoor storage and display of living plant material (i.e., garden center) and its associated materials may have this provision waived by using a combination wrought iron and masonry screen.

Any merchandise typically associated with a retail garden center such as mulch, lawn equipment, propane items, barbeque grills, paving stones, landscaping timbers, bird baths, garden chemicals, etc., may be stored within this area provided that these items are not prominently displayed or featured from the public right of-way through the wrought iron portion of the screen. This may be accomplished by placing living plant materials such that these plants serve as a semi-opaque screen for the non-living plant material.

The following activities are excluded from the requirements:

General construction activities.

Facilities with primary outside storage for leasing, rental or sale activities, including vehicle sales, boat sales, manufactured home sales, storage building sales, and equipment rental.

(G)

Leasing, rental, or sale facilities .

(1)

Display lots shall not be included in the parking space calculation.

(2)

Each business shall be permitted one display pad, no larger then two hundred (200) square feet, for merchandise sold at such establishment. An additional display pad shall be permitted for each two hundred (200) feet of frontage. The display pad shall be located behind the required perimeter buffer and may be elevated a maximum of eighteen (18) inches above finished grade.

(3)

Merchandise shall not be permitted to be temporarily or permanently placed or parked within the front buffer.

(H)

Shipping/receiving areas and utility location.

(1)

Proposed structures within the main corridor, requiring shipping docks for the receipt or shipping of merchandise shall locate such docks in the rear of the structure or within a shared service courtyard. Shared courtyards may be accessed from the front of the structure provided the entrance to such area is designed to blend into the architectural style of the structure and no docks are visible from the main corridor or adjacent parking areas.

(2)

(I)

Access management .

(1)

Parcel access.

Access to the main corridor shall adhere to the SCDOT Access and Roadside Management Standards.

Parcels located at an intersection of the main corridor and another improved public roadway shall obtain access from the adjacent public roadway.

(2)

Consolidation of access points. Shared/joint access and cross-access easements shall be required on all parcels within the main corridor.

A stub for future access shall be provided to all adjacent vacant land fronting the main corridor.

The cross access standard may be waived by the planning department if the applicant demonstrates it is impractical to provide access due to;

Topography and natural features.

Size and configuration of the site.

Vehicular safety factors.

Existing development patterns on adjacent developed sites that make cross access impossible.

A cross access easement shall be recorded by the owner/developer prior to the issuance of zoning compliance.

(J)

Parking .

(1)

No more than fifty (50) percent of total parking may be located in front of a building.

(2)

Parcels wherein parking is located completely to the side and rear of the principle building shall be eligible to encroach up to the front perimeter buffer regardless of the setback requirement of the underlying zoning district.

(3)

Parking areas shall be designed so that no one parking module contains more than seventy-five (75) spaces. Parking within modules shall be grouped so that 9' x 15' parking islands are provided for every fifteen (15) parking spaces in a continuous row or for a maximum of thirty (30) spaces per bay between parking islands.

(4)

(5)

In order to be exempt from the impervious area percentage calculation in subsection D.4, parking islands shall incorporate low impact development (LID) measures listed below.

Parking islands shall be incorporated into the stormwater management and grading plan utilizing one (1) of the following treatments:

Vegetated filter strips;

Bioretention areas;

Infiltration bio-swales;

Vegetated swales;

Infiltration basins;

Infiltration trenches;

Sand filters; and

Created wetlands.

(6)

Parking areas containing more than seventy-five (75) spaces, in addition to the meeting the requirements, above, shall also provide a ten-foot landscaped island between each parking module. Landscaping placed within such islands shall meet the parking island requirements above.

(7)

Parking spaces above the minimum required.

Parking may be increased above the minimum required utilizing pervious paving material including but not limited to brick pavers, grass pavers, porous asphalt and porous concrete.

(8)

(K)

Lighting .

(1)

(2)

(3)

Type. Each outdoor luminary shall be a recessed or a full cutoff luminary, and the use of decorative luminaries with full cutoff optics is desired.

(4)

Hue. Exterior lighting sources shall be color neutral types such as halogen or metal halide. Light types of limited spectral emission such as low-pressure sodium or mercury vapor lights are prohibited.

(5)

Prohibited lighting. The following exterior lighting fixtures are prohibited: neon, floodlights, spotlights, searchlights, laser source lights, or any similar high-intensity light, except in emergencies by police and fire personnel.

(6)

Parking areas that are lit to provide safety shall have their height restricted as follows:

Parking lot lighting shall have lighting no greater than sixteen (16) feet in height; and

Lighting required for special events will be exempt from this ordinance.

(7)

(8)

Building lighting.

Property owners and managers are encouraged to safely illuminate building entry/exit locations; however, such areas shall only be illuminated using wall mounted lights as described below or off-building lighting that does not generate glare or otherwise allow the light to be viewed directly from off the property. Building walls may be illuminated.

Wall mounted lights. Wall mounted lights shall be fully shielded luminaries to prevent the light source from being visible from any adjacent residential property or public street right-of-way. Nothing in this subsection shall prevent the use of sconces or other decorative lighting fixtures with wattage equal to or less than one hundred (100) watts.

(L)

Sign regulations.

(1)

Off-premise advertising signage is prohibited. No new or additional off-premise signs shall be allowed or permitted in the defined area of the main corridor.

(2)

On-premise signs.

Signage Allowance by Road Frontage

Length of Road Frontage	Sign Allowance	Sign Height	Sign Area Computation
More than 200 feet	1	12 feet	1 sq. ft. for every 1 linear foot of frontage—not to exceed 400 sq. ft.
Less than 200 feet	1	8 feet

Notes:

1. Sign height shall be measured from average finished grade.

All signage located within the main corridor shall be monument style.

When a sign is relocated or modified, it shall meet the requirements of this ordinance per the Levels of Modification table. Relocation of signage for road projects is exempt from this requirement.

Commercial development, office subdivisions, and strip centers with multiple tenancy are encouraged to incorporate "Burgess" into the name of associated signage regulated herein.

(3)

Signs shall have a minimum separation of fifty (50) feet.

(4)

All signs shall be erected at least ten (10) feet from any side or rear property lines, and shall be located outside all clear site triangles.

(5)

Signage shall be architecturally designed to reflect the character of the structure for which they are advertising.

(6)

Signage may be internally or externally lit provided the illumination source is shielded from the public right-of-way.

(7)

Changeable manual signs and portable signs shall be limited only to produce stands and churches.

(8)

Electronic message boards and digital signs shall be limited only to time and temperature boards, and pricing for gas stations provided:

Only one (1) electronic message board is allowed per road frontage.

Electronic message boards shall adhere to the lighting requirements herein.

The electronic message board center cannot exceed fifty (50) percent of the allowable sign area.

Animation and full motion video is prohibited.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

Limits on maximum brightness (Permit application must include details from the manufacturer of sign indicating that the sign will automatically dim at night).

One thousand (1,000) nits at night.

If sign is within two hundred (200) feet of residential (zone or use) the sign must be directed away from the residential (zone or use) or it may be reduced to two hundred fifty (250) nits brightness at night.

(9)

Common identification signage shall be allowed in commercial subdivisions (those developments in which individual lots will be or have been created in accordance with the land development regulations and leased or owned fee simple) provided that:

The common identification sign is located on a parcel of common property within the subdivision and is shown on the recorded plat for the subdivision.

The advertising area of the common sign is limited to:

One hundred (100) square feet for subdivisions consisting of one (1) to five (5) lots;

Two hundred fifty (250) square feet for subdivisions consisting of six (6) to ten (10) lots;

Four hundred (400) square feet for subdivisions consisting of eleven (11) or more lots.

(10)

Prohibited signs.

B_723.6_2.png

Signs with flashing lights.

A-frame.

Signs on trailer frames with or without mounted wheels.

Signs on or attached to vehicles which meet the following:

Have a total copy area in excess of ten (10) square feet;

The vehicle is used primarily for advertising in a stationary manner;

Vehicles that are used on a regular basis for transportation may have professional installed vehicle wrap; and

The vehicle must display a valid license plate.

Signage used on bus transit shelters within the right-of-way.

Signs attached to trees or utility poles or canopy structures.

Bench signs.

Roof signs.

Traffic sign replica.

"Stick-in" signs.

Banner signs shall be prohibited except as temporary commercial signs used to advertise "Grand Opening," "New Management," "Going Out of Business," or any other message meant to communicate a special business event.

(Ord. No. 18-18, § 1, 4-3-18)

Editor's note— Ord. No. 18-18, § 1, adopted Apr. 3, 2018, repealed former § 723.6 and enacted a new § 723.6 as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 21-13, § 1, 5-7-13.

723.7

Little River Overlay Zone.

(A)

Purpose.

(1)

The overlay zone is established to provide standards relative to accessibility, appearance and safety in the development of commercial, industrial, multi-family residential and office projects. Furthermore, the overlay established to provide unified development that promotes a sense of place and provides opportunities to develop projects to be compatible with the carrying capacity of an urban corridor.

(2)

When any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these l standards are less restrictive.

(3)

The following standards provide the minimum requirement that must be met in order to receive Planning Department/Commission authorization to develop or redevelop property with the overlay zone as established by the Zoning Ordinance.

(4)

The standards established herein address only site plan or design-related issues encountered in the development or redevelopment of property within the overlay zone. Specific zoning-related standards are established in the Zoning Ordinance and must also be met prior to beginning development or redevelopment activities in the overlay zone.

(B)

Applicability.

(1)

The boundaries of the overlay zone are established herein. The standards that follow shall be applicable to any substantially modified or newly constructed commercial, industrial, multi-family residential or office developments that is located partially or completely within the boundaries established within the Boundaries section of this ordinance. Construction or renovation that is interior to the structure is exempt from these regulations.

(2)

General maintenance and repair of any water, sewer, or electrical expenditures incurred in updating an existing structure where no new expansion will occur are exempt from the standards established below.

(3)

Any building that is partially located within the 250 feet, shall comply with these regulations. If an existing business is damaged or destroyed due to an act of nature (flood, hurricane, tornado, etc.), or catastrophic event and the building permit is acquired within twelve (12) months and is reconstructed within 24 months of such damage or destruction, the standards contained herein shall not apply. This exemption, however, shall not relieve the property owner of having to meet applicable building or zoning regulations that may be in place at the time of reconstruction.

(C)

Boundaries.

(1)

Corridor and overlay are used interchangeably throughout these regulations. When referenced, it shall mean the area generally 250 feet to the east and west of the Highway 17 right-of-way lines between the established beginning and ending points specified in this section of the Zoning Ordinance.

(2)

The overlay zone shall begin at the North and South Carolina State Line and travel south to the overpass of HWY 90 at the Intersection HWY 9 and HWY 17.

(3)

Map 1 provides the location of the boundaries of this overlay.

(D)

Definitions.

(1)

"New Development" means the construction of a building upon a vacant parcel; construction of a building upon a parcel whereon a building existed as of the effective date of this ordinance and such building was razed; or the construction, alteration, modification of a building which involves the complete demolition of said building.

(2)

"Substantial Modification" means any improvement, expansion, renovation, alteration, construction or modification of a building or accessory structure existing as of the effective date of this Ordinance in which said improvement, expansion, renovation, alteration, construction or modification:

Results in greater than a twenty-five percent (25%) increase in the total square footage of the existing building and accessory structure footprint;

Results in an improvement, renovation, alteration, construction or modification where the cost of the proposed improvements is greater than twenty-five percent (25%) of the assessed value of the existing improvements. For purposes of this paragraph, "assessed value" shall be as determined by the Horry County Property Appraiser and "costs of the proposed improvements" shall be approved by the Building Official; or

Results in greater than a one hundred percent (100%) increase in the number of existing paved parking spaces, as required and in compliance with this ordinance, due to a change in the use of the subject property when compared to the existing number of paved parking spaces for the prior use of the subject property.

Map 1: Little River Overlay Boundary Area: 250 East and West of US 17 from SC 9 to the State line.

(E)

Required Review. No new construction or substantial modification of an existing structure, meeting the above definition, shall be permitted within the overlay zone corridor until such plans have been reviewed and approved by the Planning Department or Planning Commission.

(F)

Modification of Design Standards.

(1)

The Planning Commission may approve design modifications on a case by case basis when parcels do not have direct frontage on the corridor, are not visible from the corridor, or when new and innovative design techniques are utilized in the development of the property. Requests to modify the design requirements shall be given consideration at the time development plans are submitted for review in accordance with the procedures established in the Land Development Regulation. Aggrieved individuals may appeal the Planning Commission's decision as provided for in Article 1, Section 11 of the Land Development Regulations.

(2)

In no instance, shall a design modification result in a development not being compliant with similar provisions established within the Zoning Ordinance. Modification of Zoning Ordinance provisions shall be addressed by the Board of Zoning Appeals and shall follow the procedures established in the Zoning Ordinance.

(G)

Development and Design Requirements. In addition to the requirements of the applicable underlying zoning district, the following supplemental development regulations shall apply:

(1)

Buildings. All buildings and structures subject to this overlay shall be a required to submit a site plan that shall include a list of the materials, building dimensions, architectural elevations of all building sides, location of service areas and mechanical equipment, screening devices, site furnishings, exterior lighting fixtures, all signage and any other information as determined necessary to ensure consistency with the intent of this Overlay Ordinance.

Architectural design of all commercial, retail and office buildings should comply with the following additional performance guidelines:

Facade.

No portion of a building shall be treated with smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels, unless the visible finish is comprised of a suitable finish material. Materials suitable for treating visible facades may include, but are not limited to, brick, glass, synthetic clapboard siding (vinyl, metal or wood), split-face decorative block, stone, hardiplank siding or cementitious siding, or stucco;

Except as provided in this section, the rear and side facades shall be of materials and design characteristics consistent with that of the front; use of inferior or lesser quality materials for side or rear facades shall be prohibited.

No wall that faces a street or connecting walkway shall have a blank, uninterrupted length exceeding one hundred (100) linear feet without including at least two (2) of the following: pilasters, columns, canopies/porticos, arcades, colonnades, change in texture or masonry pattern, windows, trellis with vines, or an equivalent element that subdivides the wall into human scale proportions. Such walls shall also incorporate wall plane projections or recesses having a depth of at least two (2) feet in offset and extending at least twenty (20) feet in length.

Figure 1: Arcade

Figure 2: Colonnades

Figure 3: Portico

Figure 4: Pilasters

Figure 5: Trellis

Building walls facing the front yard or street side yard shall have window(s) and door(s). Such facades shall have display windows a minimum of six (6) feet in height along no less than sixty percent (60%) of their horizontal length. Side or rear walls that face walkways may include false windows and door openings defined by frames, sills and lintels, or similarly proportioned modulations of the wall, only when actual doors and windows are not feasible because of the nature of the use of the building.

Figure 6: Building facade with incorporated architectural features

Within planned shopping centers and multi-tenant buildings, distinct architectural entry identity for individual tenants' entrances shall be provided for suites exceeding 10,000 square feet of leasable area.

Building design shall include minimum one (1) foot deep cornices, extending along the entire front of buildings and the sides of buildings at least ten feet.

Figure 8: Cornices

Building design shall include a minimum two (2) foot high contrasting base, extending along the entire front of buildings and down the sides of buildings at least ten (10) feet.

Building Roof.

Shingles, metal standing seam, tile or other roofing materials with similar appropriate texture and appearance shall be utilized on roofs visible from the corridor.

Buildings of less than 5,000 square feet of gross floor area shall be designed with gabled or pitched roofs, with a minimum pitch of 6 in 12.

Figure 9: Gabled Roof

(2)

Structures with Special Design Standards.

Gas stations and commercial convenience stores shall utilize either gable or hip roof structures. The canopies over the gas pumps shall be attached to the main building and integrated into the architectural roof design. The canopy portion of the structure shall only be subject to a 10' foot setback from any property line. The canopy is not allowed to encroach upon any required buffer area. The principle structure/building shall still be subject to all setback requirements as set forth within the zoning ordinance. Bays, regardless of amount, shall not face the corridor.

Figure 11: Gas station with pitched roof and canopy

Each business shall be permitted one (1) display pad, no larger then two hundred (200) square feet, for merchandise sold at such establishment. An additional display pad shall be permitted for each two hundred (200) feet of corridor frontage. The display pad shall be located behind the required perimeter buffer and may be elevated a maximum of eighteen (18) inches above finished grade unless required for infrastructure purposes.

Merchandise shall not be permitted to be temporary or permanently placed or parked within the front buffer.

Outdoor freestanding propane stations must be opaquely screened from public view with landscaping or a solid fence of wood, stone or brick material. Fences exceeding six (6) feet in height shall have plantings on any side facing the main corridor or residentially zoned property.

Non-Residential Uses With Structures Exceeding Twenty-Five Thousand (25,000) Square Feet of Building Area or an Improved Surface Area Exceeding Fifty Thousand (50,000) Square Feet.

Such buildings must be separated from lands designated, zoned or used for a residential purpose by at least fifty (50) feet, which distance shall be measured by the shortest distance between the building occupied by the use and nearest property line of the residential use.

All shopping centers, complexes of buildings designed as a group, retail uses or uses exceeding twenty-five thousand (25,000) gross square feet shall provide a covered pedestrian arcade at least eight (8) feet in width extending for the length of the main entrance facade.

Outparcel/Auxiliary Uses.

When a development includes an outparcel site, the architecture of the outparcel buildings shall complement the architectural design of the non-outparcel buildings in types of colors, roof treatments and architectural details.

Outparcels shall conform to the master architectural, signage, lighting and landscaping plan prepared by the developer of the primary lot.

Sidewalks and pedestrian connections shall be installed between outparcels and the primary lot, and between each outparcel, to enhance internal circulation and create a streetscape experience for customers.

Figure 14: Out-parceled development with shared access and internal circulation

(3)

Landscaping and Buffer Requirements. To promote a continuous and unified theme, improve the appearance of structures, and provide protection to adjacent properties from the negative impacts of more intense development, the following standards shall apply. Additional landscaping, buffering, and tree preservation requirements may be required per Section 527 of the Zoning Ordinance.

Existing mature trees, particularly historic and protected trees, within the buffer area shall be retained. Removal of specimen trees is strictly prohibited in the buffer areas of the overlay Selective clearing shall be permitted upon submission of a tree protection plan and if approved by the Zoning Administrator. See Table 3 Protected and Specimen Trees in Section 527.4 of the Zoning Ordinance.

Foundation Landscaping: Landscaping shall be equally distributed around the foundation of all structure perimeters visible from any public right-of-way, according to the formula and standards below:

PR = L or W/3.0
Where: PR = number of plants required
L or W = building length or width, in feet, visible from any public right-of-way

For each canopy or understory tree that is provided to meet the foundation landscaping requirements the total number of required foundation plants may be reduced by five plants.

Perimeter landscaping.

A landscaped buffer shall be provided around all perimeters for parcels that abut the corridor. The buffer width shall be equal to that of the setback required for the underlying zoning district except that the Type D (Streetscape) width may be reduced to [ten] (10) feet. In addition, Type C (Spatial) buffer widths may be reduced to five feet. Landscaping within the buffer shall be provided in accordance with design standards described in Table 3: Buffer Design Guidelines and is dependent on the type of commercial or residential use on the property. These buffer provisions affect no setback dimensions.

When any commercial property being developed abuts a single family residential property, a Type A buffer described in Table 3: Buffer Design Guidelines below shall be utilized to mitigate the transition from all levels of commercial development to residential development.

No fence, berm, or landscape material shall be designed or located in a manner that obstructs the vision of vehicular traffic at street and/or driveway intersections. When a new residential development is created adjacent to or abutting to an existing non-residential zoned property within the corridor, it is the responsibility of that new residential development to meet the buffer requirements and improvement standards listed in the Table 1 below.

Permitted uses within the required buffer include driveway access, transit oriented uses including bus stops and shelters, pedestrian and bike paths, lighting fixtures, signs, benches and other streetscape furniture.

Permitted uses in the setback, outside of the buffer, are those uses permitted in the underlying zone including but not limited to: lawns, parking areas, driveways and stormwater management structures.

Irrigation. All required planting areas shall be mechanically irrigated. This shall include all tree islands and all areas of required frontage landscaping between the parking lot and public streets. Required planting areas associated with parking lots containing less than thirty (30) parking spaces are not required to be irrigated. However, an exterior water source (such as a hose bib) shall be located within 100 feet of all required planting areas. If the project area is required to be irrigated, include the following statement on the Site and Landscaping Plan, "All planting areas shall be mechanically irrigated." and/or, provide an irrigation plan.

Maintenance. Maintenance shall consist of mowing, removal of litter and dead plant materials, necessary pruning, and maintenance of screens in Conformance with the surrounding area. Natural watercourses within a buffer shall be maintained as free flowing and free of debris. Stream channels shall be maintained so as to act alter floodplain areas. It shall be unlawful to deviate from an approved landscape plan unless otherwise permitted by the Zoning Administrator or designee. Failure to comply with the above maintenance requirement shall constitute a violation of the zoning ordinance and be subject to the fines and penalties specified therein

Berm construction requirements. When a berm is utilized to provide separation between non-similarly zoned properties or for the purpose of modifying other standards elsewhere required by these regulations, it shall adhere to the following:

Have side slopes no greater than 2:1. Any alternative designs shall be noted on all plans; and

Be vegetated with the plant materials indicated in subsection above, (applies when berm is used between non-similarly zoned properties); and

Non-vegetated areas on the berm shall be covered with a groundcover, mulch, or grass suitable to stabilize the side slopes of the berm (used when modifying parking lot location); and

Breaks in the berm may be allowed every six to eight feet or however is needed for drainage.

All plants used for landscaping shall be indigenous to this climate and shall be properly maintained in a healthy, controlled manner by the property owner. Any required planting material that dies or is allowed to lapse into a state of unhealthiness shall be replaced by the property owner during the species' growing season.

Drainage and utility encroachment into the perimeter buffer. Ditches, swales, stormwater conveyance facilities, stormwater retention ponds, sanitary sewer conveyance facilities, and associated easements may encroach up to ten percent into the buffer area or a required screening berm. When a drainage or utility encroachment requires more than the ten percent reduction allotted, a request for increased encroachment may be submitted to the Planning Commission for consideration. Such request shall be submitted when the development site plan is submitted for review.

Alternate designs allowed. The Zoning Administrator may, at its discretion, approve an alternate buffer design incorporating visually appealing fencing or earthen berms. The Planning and Zoning Department may, at its discretion, approve alternate species not included on the approved plant list if the property owner submits a letter from a registered landscape architect, horticulturist, botanist, or plant nursery operator stating that the growing conditions in the County favor the healthy growth and maintenance of that species. The Planning and Zoning Department may also require landscaping to be installed in locations left empty from the parking layout, such as corner islands associated with angled parking layouts, etc., at its discretion.

TABLE 1: PERIMETER BUFFER

Land Use
Classification

Class 1

Class 2

Class 3 A

Class 3 B

Class 4

Class 5

Class 6

Class 7

Class 8

Class 9

Class 10

Class 11

Class 12

Class 13

*No buffer required between uses

Notes:

To use Table 1 to determine perimeter buffers between uses:

Locate land use class (See Table 2) of subject property in the Land Use Classification column.

Identify the land use classification for adjacent parcel

Required buffer type and width is provided at the intersection of the subject row and adjacent property column. The letter indicates buffer type. For buffer type descriptions and design standards see Table 3 Buffer Design Guidelines. Buffer width is equal to the width of the setback unless otherwise specified.

Figure 27: Type A Opaque Buffer Option (1) with single row of plantings

TABLE 2: LAND USE CLASSIFICATIONS

Use Class	Use	Use Types
1	Single Family Residential	Accessory living quarters, Accessory residential uses, GRn district uses (subject to GRn standards), Manufactured housing, Modular housing, Single-family detached homes.
2	Multi Family Residential	Boarding house, Continuing Care Retirement Community (CRCC), Duplex, Fraternity & sorority houses, GRn district uses (subject to GRn standards) Group homes, except fraternities & sororities, Halfway houses, Multi-family/condominium, Multiple single-family homes, Single-family Townhouses
3	Agriculture, Farming, and Forestry	A - Non-Commercial - Accessory farm uses including outside farm equipment/vehicle storage, Agriculture/horticulture (non-commercial), Animal facilities (raising & care) non-commercial, Crop production (field), Crop production (fruit & nut), Farm Buildings, Farms, Forest management, Greenhouses/nurseries for the raising, care, selling, transporting and storage of plants, Horses, Horticulture farms,
3	Agriculture, Farming, and Forestry	B — Commercial - Agricultural product processing, Animal facilities (raising & care) commercial, Animal, production (swine, poultry, & fowl) greater than 10,000 lbs, Animal production (swine, poultry, & fowl) less than 10,000 lbs, Aqua farms, fisheries/hatcheries & associated uses for packaging and shipping, Depots & stockyards for the holding of produce, animals or farm products awaiting sale or shipment, Horse farms w/boarding facilities (commercial), Livestock/agriculture auction facilities, Produce sold from vehicle, Produce stands/shelter, Tree farms
4	Communications, Public Facilities, and Transportation	Accessory uses, Airports & related services , Boat construction, repair/refinishing, Bus depots, Bus/taxicab services, Casino cruse boats, Commercial fishing & shipping facilities, Commercial marinas, Commercial parking lots/decks, Communication tower (freestanding), Communication tower (roof-mounted/stealth), Dry dock storage, Fuel dealers/plants, Marine navigation construction businesses/facilities, Motion picture production & allied services, Motor freight transportation & warehousing, Petroleum and petroleum product facilities/businesses, Piers, Private docks/boathouses, Public buildings/facilities, Radio/TV broadcasting stations, Railroad depots (passengers & freight), Seafood preparation/packaging facilities, Structures w/multiple marine-commercial businesses, Transportation terminal facilities, Truck terminals, Utility substations/sub-installations (public/private) w/combination office and maintenance/storage facilities, Water towers, Water transportation services, except casino boats
5	Industrial	Apparel & other finished product manufacturers, Asphalt plant, Assembly plants, Bottling plants, Chemical and allied product manufacturers, Concrete/batch plants, Fabricated metal products; except machinery & transportation equipment, Food/beverage manufacturing and processing, Furniture & fixture manufacturers, Heavy manufacturing, Industrial & commercial machinery manufacturers, Landfill, Leather & leather product manufacturers, Light manufacturing, Lumber & lumber product manufacturers, Manufacturing of precision instruments, Mining, Paper & allied product manufacturers, Petroleum & petroleum products; except concrete batch plants, Printing, publishing & allied industries, Rubber and rubber product manufacturers, Salvage yard, Scientific labs, Scrap metal processors, Stone, clay, & glass manufacturers; except concrete batch plants, Tobacco product manufacturers, Textile mills and textile manufacturers, Transportation and transportation equip., Manufacturers, Warehouses
6	Amusement	Accessory uses, Adult Entertainment , Amusement parks, Auditoriums, Billiards halls, Bowling alley, Commercial marinas & piers, Commercial ponds & lakes for fishing or recreational uses, Commercial pools, Drive-in theater, Driving ranges, Game rooms, General retail uses customarily associated with uses in district, Golf course, Indoor aquariums, Indoor shooting/paintball ranges, Miniature golf, Museums & galleries, Outdoor aquariums, Parks, Recreational fishing, Skating rinks, Sports facilities, Theaters (indoor), Theaters/auditoriums with animal entertainment & outside grazing, Video game arcades, Water parks & water-related shows, Waterslides
7	Retail	ABC and liquor stores, Antique stores, Apparel/accessory stores, Appliance store, Art supply store, Auto parts/accessory stores (no salvage), Automatic merchandising machine operators, Bait & tackle shops, Bakeries (baked and sold on-site), Bicycle repair/sales store, Blue print/copy store, Boat stores (no outside display), Book, magazine, newspaper store, Camera/Photographic supply store, Catalog & mail order houses, Clothing store, Combination business & residential unit, Convenience store, Convenience store w/gas, Convenience store w/o gas, Department stores, Direct selling businesses, Drug and proprietary stores, Eating & drinking places, Farmer's markets, Feed and grain stores or suppliers with storage, Fitness centers and health spas, Florist, Food stores, Furniture/finishing, & equipment stores
8	Medical, Personal, and Professional Services	Animal grooming facilities, Barber/beauty shop, Bldg cleaning/maintenance svc, Blood banks and donor center, Carpet/upholstery cleaning svc, Commercial art/photography svc, Community residential treatment centers, Counseling facilities that distribute prescription medication on site, Dialysis center, Dressmakers, seamstresses, & tailors, Emergency medical centers (freestanding), Employment/temporary agencies, Equipment leasing, Funeral home, cemeteries, crematories & mortuaries, Furniture refinishing, General and specialized doctors offices and, clinics; except drug and alcohol treatment centers, Home health care services, Hospitals, except psychiatric, Kennels, pet motels, & dog training centers
9	Transient Accommodations	Accessory living quarters, Bed & breakfast, Boarding home, Campground, Camps/institutions (eleemosynary/religious), Convention centers with lodging, Hotels, motel, & tourist home, Recreation vehicle parks, Retreats, Spiritual centers, Timeshares
10	Sales and Service	Auto body repair, painting, or upholstering, Auto rental facilities, Auto repair garages with salvage, Auto repair garages without salvage, Auto sales, Auto storage (licensed vehicles), Auto, aircraft, boat, motorcycle, recreation vehicle, trailer, truck, construction & farm equipment sales/service (no salvage operations), Boat sales, Car wash, Farm equipment repair and sales new/used) including welding facilities for repair, Heavy equipment sales/service (new/used)/rental, Manufactured housing sales (new/used), Recreation vehicle sales/svc, Repair shops for household, personal, and professional goods, Service stations
11	Institutional and Religious	Churches/synagogues/temples subject to the provisions of Article 12, Clubs/lodges/union hall/social centers, Day cares/kindergartens, Education institutes/dorms, Family cemeteries, Libraries, Private education facilities, Public & semi-public cemeteries, subject to provisions of Article 12, Public education facilities, Schools (performing arts), Schools (technical/vocational)
12	Finance, Insurance, Office and Real Estate	Advertising agency, Applied research facilities/offices, Banks/savings & loans/branch offices, Contractors offices with equipment storage, Electric, gas & sanitary service offices, Financial office, Insurance agency, Legal services such as lawyers offices & legal aid offices, Office parks, Offices (administrative, business, general purpose, professional/business), Personal loan agency, Real estate sales/leasing offices, Research/development businesses, centers, and facilities, Tax preparation offices, Travel agencies
13	Nature, Outdoor and Wildlife	Accessory uses, Boat dock/ramps, Federal, State, Municipal park/preserves, Forest/game management areas, Game/wildlife refuges or preserves, Harbors, Hunting preserves, Nature preserves, Nature/hiking trails, On-site signage per Art. 10, Private/semi-private fishing/hunting clubs with 1 residence per 20 ac (non-commercial)

Airports and related facilities require 30 ft. Class B buffers on all sides excluding parcel frontage where 20 ft. Class D streetscape buffer is required.

Adult Entertainment facilities adjacent to all uses require a Type A (Opaque) buffer equal to the width of the setback on all perimeters, except perimeters that abut U.S. Highway 17. In such cases where parcel fronts U.S. highway 17, a Type D (Streetscape) buffer is required along the frontage.

Figure 28: Type A Opaque Buffer Option (2) with double row of plantings

Figure 29: Type A Opaque Buffer Option (3) with berm feature

TABLE: 3 BUFFER DESIGN GUIDELINES

Buffer Type	Description	Performance Standards
A	Opaque	Option (1) This buffer functions as an opaque screen from the ground to a minimum height of eight feet. Plantings of evergreen canopy trees shall be a minimum of two-inch caliper and eight feet in height at the time of planting and shall obtain a height at maturity of between (40) and (80) feet. This should include a minimum of one canopy tree for every (40) linear feet of buffer and two understory trees per every (20) linear feet. Evergreen shrubs a minimum of (18) inches in height, planted at intervals no greater than six feet on center shall be used to fill spaces in between trees. One hundred (100) percent of the vegetation required in the opaque screen shall be evergreen species, no more than which (25) percent may be pine species. Option (2) This buffer/screen functions as an opaque screen from the ground to a minimum height of eight feet. Screen shall consist of two rows of evergreen trees, a minimum of six feet in height and an with average height of eight feet, planted at average intervals no greater than (10) feet on center. Evergreen shrubs a minimum of (18) inches in height, planted at intervals no greater than six feet on center shall be used to fill spaces in between. Ground cover or mulches shall be utilized to fill the remaining spaces in between supplemental plantings. Option (3) Earthen berms may be substituted for no more than (50) percent of the required minimum screen height of eight feet. If berm option is utilized, One row of evergreen trees, a minimum of six feet in height and an with average height of eight feet, planted at average intervals no greater than (10) feet on center, are required. Evergreen shrubs a minimum of (18) inches in height, planted at intervals no greater than six feet on center shall be used to fill spaces in between. Ground cover or mulches shall be utilized so that the ground will be covered within three years. Proposed species should be only those that naturally grow in high, well drained situations. The Remainder of the berm shall be planted with supplemental vegetation to limit erosion and to ensure that the intent of the screening requirements is met. See berm construction requirements in Section A (8).
		A combination of fencing and vegetative materials may be used to satisfy the opaque buffer requirements upon approval of the Zoning Administrator.
Type B	Semi-Opaque	This buffer functions as a semi-opaque screen at a minimum height of five feet with openings no greater than (10) feet. Plantings of deciduous and evergreen understory trees shall be a minimum of (2.5) inch caliper and eight feet in height at the time of planting and shall obtain a height at maturity of between (20) and (40) feet. Canopy trees shall be spaced no wider than (40) feet at the time of planting and understory trees should be spaced no wider than (20) feet. Evergreen plants/shrubs utilized to fill gaps between trees shall be a minimum of (18) inches in height, planted at intervals no greater than six feet on center. At least (50) percent of the required trees and (100) percent the required shrubs shall be evergreen species. Berms may be used for no more than (50) percent of the minimum buffer height of five feet.
Type C	Spatial	This buffer provides a sense of separation between properties without screening the view from one to the other. These buffers are generally oriented towards aesthetic enhancement of site perimeters and separation of multiple uses on the same site. Spatial buffers should include a combination of trees and shrubs that provide visual obstruction from the ground to a height of at least (20) feet. This should include a minimum of two understory trees for every (40) linear ft. of buffer area shall be spaced no wider than twenty (20) feet at the time of planting. One canopy tree may be substituted for two understory trees and should be spaced no wider than (40) feet at the time of planting. Plantings of deciduous and evergreen trees shall be a minimum of (2.5) inch caliper and eight feet in height at the time of planting and shall obtain a height at maturity of between (20) and (40) feet. Screening plants/shrubs utilized to fill gaps between trees shall be evergreen and a minimum of (18) inches tall at the time of installation. At least (50) percent of the required trees and (100) percent the required shrubs shall be evergreen species.
Type D	Streetscape	This buffer is intended to soften the transition from the street side to the remainder of the property as well as provide a sense of separation between the street and property use. Streetscape buffers are required for all uses adjacent referenced street corridors. All uses that require site plan approval shall preserve, maintain or install a vegetated/planted buffer that abuts the perimeter of the property. This should include a minimum of one canopy tree for every (40) linear feet of buffer area or two understory trees for every (40) linear feet of buffer area. Plantings of deciduous and evergreen trees shall be a minimum (2.5 inch) caliper and (10) feet in height at the time of planting and shall obtain a height at maturity of at least (20) feet. Canopy Large trees shall be spaced no wider than (40) feet at the time of planting. At least (25) percent of the required trees shall be evergreen species. Streetscape trees should be chosen from "Streetside and Walkways" group in the Tree Selection Guide in Table 4. Streetscape buffers are required for all properties having primary frontage along US Highway 17. Additional parking facility screening may be required if parking is located along the frontage.
Parking Buffer	Parking Lot	Parking areas shall be buffered from all corridors. Buffering may be accomplished through the retention of vegetation in the required buffer area or through the placement of a berm not less than two feet in height and planted with a stabilizing ground cover, or placement of plants or shrubs that are a minimum of (18) inches at the time of planting and no greater than six feet apart.

Notes:

Mixed used developments require Type C (Spatial) buffers to separate uses within the same development. If not already governed by the terms of a PDD, a (25) ft. Type C (Spatial) perimeter buffer is required on all sides excluding parcel frontage where a ten ft. Type D (Streetscape) buffer is required.

In addition to the buffer design standards provided Table 3: Buffer Design Guidelines, all perimeter buffers shall be improved in the following manner:

Be planted with materials capable of survival in the environment in which they are installed with minimal maintenance; and

Complement the structure, through color and foliage cover, for which they are planted around; and

Acceptable plant species, maintenance standards and sizes to meet the above requirements are listed in Table 4: Landscape Tree Selection guide and Table 5: Plant Selection Guide.

Provide visual direction, through plant heights, to entrances or other access features to the site; and

Be planted in a manner that will not impede traffic safety by blocking or otherwise obstructing traffic signals, signs, or other devices.

When a natural, undisturbed buffer is retained along the corridor, sides and rear of a renovated or newly developed property, a waiver of the required perimeter landscaping may be granted. Granting such waiver shall be determined by the Zoning Administrator or designee upon review of a site plan identifying the vegetation retained in the buffers. In no instance, shall a waiver be granted if the plants retained in the buffers are not equal, in number not plant type, to those required by buffer design guidelines.

Figure 30: Type B Semi-Opaque Buffer

Figure 31: Type D Streetscape buffer examples

Figure 32: Example of parking buffer with berm feature

TABLE 4: LANDSCAPE TREE SELECTION GUIDE

Canopy Trees (40′ — 80′)
Common Name	Recommended Use	Growth Rate	Deciduous or Evergreen	Remarks
Ash, White	Lawn and shade	Fast	Deciduous	Grown best in moist, well-drained soils
Ash, Green	Lawn and shade	Fast	Deciduous	Disease resistant, upright form, non-fruiting (Marshall Seedless)
Bald cypress	Streetside and walkways	Medium	Deciduous	Suitable in poorly-drained sites, adapts to drought
Birch, River	Lawn and shade	Fast	Deciduous	Interesting peeling bark, lower branches droop
Black gum	Lawn and shade	Slow	Deciduous	Pyramid shaped, oval leaves turn orange to bright scarlet in fall
Cedar, Deodar	Lawn and shade	Fast	Evergreen	Pyramidal form requires large planting area
Cypress, Leyland	Lawn and shade	Fast	Evergreen	Fast growing, makes excellent screen, useful as Christmas tree
Elm, Chinese (Lacebark)	Lawn and shade	Fast	Deciduous	Fast-growing and hardy, handsome ornamental with showy bark
Ginkgo	Streetside and walkways	Slow	Deciduous	May require 20 years to attain mature form, male preferred
Honeylocust, 'Skyline'	Streetside and walkways	Fast	Deciduous	Thornless and fruitless variety, subject to borers
Linden, American	Streetside and walkways Lawn and shade	Medium	Deciduous	Drought tolerant, large shade tree
Magnolia, Southern	Lawn and shade	Medium	Evergreen	Maintain high organic content in soil, needs large growing space
Maple, Red	Lawn and shade	Fast	Deciduous	Protect thin bark on young plants from injury, hardy plant
Oak, Chestnut	Streetside and walkways	Medium	Deciduous	Drought resistant
Oak, Laurel (Darlington)	Streetside and walkways	Fast	Deciduous/Evergreen	Handsome shade tree, semi-evergreen
Oak, Live	Lawn and shade	Medium	Evergreen	Broad, spreading canopy, tolerant of soil compaction
Oak, Pin	Lawn and shade Streetside and walkways	Fast	Deciduous	Hardy, easily transplanted, holds brown leaves through winter
Oak, Sawtooth	Lawn and shade	Medium	Deciduous	Excellent nut producer for urban wildlife
Oak, Scarlet	Streetside and walkways	Fast	Deciduous	Excellent multi-purpose tree, red fall color
Oak, Water	Lawn and shade	Medium	Deciduous	Sensitive to root disturbance, transplants easily
Oak, White	Lawn and shade	Slow	Deciduous	Majestic, long-lived specimen, handsome light grey bark
Oak, Willow	Streetside and walkways	Fast	Deciduous	Excellent multi-purpose tree, balanced shape
Palmetto, Cabbage	Streetside and walkways	Medium	Evergreen	Recommended for coastal areas to lower Midlands, tropical look
Pecan	Lawn and shade	Slow	Deciduous	Broad, open crown filters sunlight, brittle wood
Pine, Loblolly	Lawn and shade	Fast	Evergreen	Tolerates poor soil, use in mass as a buffer
Pine, Longleaf	Lawn and shade	Fast	Evergreen	Ice/snow accumulates on needles, suitable for dry sandy soils
Planetree, London	Streetside and walkways	Fast	Deciduous	Hardy, tolerant of city conditions, creamy colored peeling bark
Red cedar, Eastern	Lawn and shade	Medium	Evergreen	Makes excellent buffer, tolerant of poor rocky soils
Sweetgum	Streetside and walkways	Medium	Deciduous	Seed-balls may be nuisance, easily killed by spreading fill dirt around trunk and roots
Sycamore	Streetside and walkways	Fast	Deciduous	Creamy white bark, leaf raking considered a nuisance
Tulip Poplar (Yellow Poplar)	Lawn and shade	Fast	Deciduous	Protect thin bark from injury, wood rots quickly, moist sites best
Zelkova, Japanese	Streetside and walkways	Medium	Deciduous	Short trunk, spreading branches, disease resistant

Understory Tree (20′—40′)
Common Name	Recommended Use	Growth Rate	Deciduous or Evergreen	Remarks
Cherry, Weeping	Lawn and shade	Medium	Deciduous	Graceful and airy, pink flowers
Cherry, Yoshino	Lawn and shade	Fast	Deciduous	Prolific flowering, most effective in front of evergreens
Crabapple, Flowering	Lawn and shade	Medium	Deciduous	Apples in late summer can be messy, white, pink, or red flowers
Crape myrtle	Streetside and walkways	Fast	Deciduous	Multitrunked with white, pink, purple, or red flowers
Dogwood, Flowering	Streetside and walkways Lawn and shade	Medium	Deciduous	Protect from bark damage, large white blooms, red berries
Dogwood, Kousa	Lawn and shade	Medium	Deciduous	White blooms in early summer, resistant to disease
Golden Raintree	Streetside and walkways	Medium	Deciduous	Showy, yellow flowers, requires well-drained soil
Holly, American	Streetside and walkways	Slow	Evergreen	Berries on female plants, spiny dark green leaves
Holly, Foster 'Hume #2'	Lawn and shade	Medium	Evergreen	Few spines on leaves
Holly, Foster 'Savannah'	Lawn and shade	Medium	Evergreen	Excellent fruiting
Holly, Foster 'Foster #2'	Lawn and shade	Medium	Evergreen	Strongly upright form
Loquat	Lawn and shade	Fast	Evergreen	Interesting espaliered plant, fragrant flowers in winter
Magnolia, Saucer	Lawn and shade	Medium	Deciduous	White to pink or purple flowers before leaves appear in spring
Maple, Japanese	Lawn and shade	Slow	Deciduous	Grows best in part shade, color may be green to purple
Plum, Pissard	Lawn and shade	Medium	Deciduous	Best growth in full sun, reddish purple foliage, light pink flowers
Redbud, Eastern	Streetside and walkways Lawn and shade	Medium	Deciduous	Drought resistant, small purple flowers
Sourwood	Lawn and shade	Slow	Deciduous	White flowers in mid-summer, scarlet fall color
Sweetbay	Lawn and shade	Medium	Evergreen	Fragrant white flowers, thick green leaves
Wax myrtle	Lawn and shade	Medium	Evergreen	Evergreen, combines well with junipers
Yaupon	Lawn and shade	Medium	Evergreen	Many red berries, hardy

Notes:

Where existing utility lines interfere with part of the buffer, the large tree requirement may be substituted by the use of all small trees (4 trees per 1,000 square feet).

Plant List for Little River Overlay

The following list shall be used for plant materials selections whereby:

Different plant types are planted in appropriate locations.

The use of nonlisted or harmful plants is prohibited.

TABLE 5: PLANT SELECTION LIST

Shrubs 6′—12′—Evergreen
Botanical Name	Common Name	Spacing
Azalea indica	Southern azalea	3.5
Bambusa glaucenscens	Hedge bamboo	3
Callistemon citrinus	Bottlebrush	4
Camellia japonica	Camellia	3.5
Camellia sasanqua	Sasanqua camellia	3.5
Camellia sinensis	Tea	3.5
Cleyera japonica	Cleyera	4
Elaeagnus pungens	Elaeagnus	5
Feijoa sellowiana	Pineapple guava	5
Ilex aquifolium	English holly	5
Ilex cornuta	Chinese holly	5
Ilex crenata	Japanese holly	3.5
Ilex latifolia	Lusterleaf holly	5
Ilex vomitoria	Yaupon holly	5
Illicium anisatum	Anise tree	4
Juniperus chinensis "Hetzi"	Hetzi juniper	5
Juniperus chinensis "Torulosa"	Hollywood juniper	5
Laurus nobilis	Bay	5
Leucothoe populifolia	Florida leucothoe	4
Ligustrum japonicum	Wax leaf Ligustrum	4
Ligustrum lucidum	Glossy privet	5
Ligustrum sinensis variegatum	Variegated privet	4
Loropetalum chinense	Loropetalum	4
Michelia figo	Bananashrub	5
Myrica cerifera	Wax myrtle	5
Nerium oleander	Oleander	5
Osmanthus X fortunei	Fortune tea olive	5
Osmanthus fragrans	Fragrant tea olive	5
Osmanthus heterophyllus	Holly leaf olive	4
Pittosporum tobira	Pittosporum	3.5
Podocarpus macrophyllus maki	Podocarpus	3
Prunus laurocerasus	English laurel	5
Pyracantha Koidzuii	Pyracantha	5
Viburnum japonicum	Japanese viburnum	5
Viburnum odoratissimum	Sweet viburnum	4
Viburnum rhytidophyllum	Leatherleaf viburnum	4
Viburnum tinus	Laurestinus viburnum	5

Shrubs 6'—12'—Deciduous
Botanical Name	Common Name	Spacing
Azalea species	Deciduous native azaleas	4
Buddleja davidii	Butterfly shrub	3
Calycanthus praecox	Wintersweet	5
Cotoneaster salicifolius	Willowleaf cotoneaster	5
Cytisus scoparium	Scotch broom	5
Deutzia scabra	Pride of Rochester	4
Forsythia x intermedia	Forsythia	5
Hamamelis virginiana	Witchhazel	5
Hibiscus syriacus	Rose of Sharon	4
Hydrangea paniculata	Peegee hydrangea	4
Ilex decidua	Possumhaw	5
Ilex verticillata	Winterberry	5
Spiraea prunifolia "dena"	Bridalwreath spiraea	3
Spiraea x vanhouttei	Vanhoutte spiraea	5
Viburnum sp.	Dedicuous viburnums	5
Vitex agnus-castus	Vitex	5
Weigelia florida	Weigelia	5

Shrubs 4′—6′—Evergreen
Botanical Name	Common Name	Spacing
Abelia grandiflora	Abelia	3
Aucuba japonica	Aucuba	3
Azalea hybrida	Hybrid azaleas	3
Berberis julianae	Wintergreen barberry	3
Buxus microphylla japonica	Japanese boxwood	3
Fatsia japonica	Fatsia	3
Gardenia jasminoides	Gardenia	3
Ilex cornuta "Burfordi nana"	Dwarf burford holly	3
Ilex crenata "convexa"	Convexa holly	3
Jasminum floridum	Florida jasmine	3.5
Juniperus chinensis "Pfitzeriana"	Pfitzer juniper	4
Mahonia bealei	Leatherleaf mahonia	3
Mahonia pinnata	Cluster mahonia	3
Nandina domestica	Nandina	3
Prunus laurocerasus "Schipkaensis"	Schipka laurel	3
Pyracantha coccinea	Firethorn	4
Pyracantha koidzumii "Lowdense"	Dwarf pyracantha	3
Raphiolepis umbellata	Yedoo hawthorn	3
Raphiolepis X majestic beauty	Majestic hawthorn	5
Viburnum suspensum	Sondankwa viburnum	3

Shrubs 4'—6'—Deciduous
Botanical Name	Common Name	Spacing
Berberis thunbergii	Barberry	3
Callicorpa americana	Beautyberry	4
Chaenomeles speciosa	Quince	3
Fortaderia sellowana	Pampas grass	5
Hydrangea macrophylla	Bigleaf hydrangea	3
Hydrangea quercifolia	Oakleaf hydrangea	4
Kerria japonica	Kerria	4
Miscanthus sinensis "gracillimus"	Maidengrass	3

(4)

Leasing, rental, or sale facilities. Businesses engaged in the leasing, rental, or sale of merchandise that have frontage along the corridor shall adhere to the landscaping and buffer requirements, and display lots associated with such businesses are exempt from the parking area requirements.

(5)

Reserved.

(6)

Shipping/Receiving Areas, Utility Locations and Dumpsters.

Loading and unloading of commercial vehicles or of any other vehicles used for commercial purposes is only permitted between the hours of 6:00 a.m. and 11:00 p.m. when property assigned a residential zoning classification or used for residential purposes is within one hundred (100) feet of the loading area. Within such areas, such activities are prohibited at all other times.

Utility services shall be located underground when possible. Exceptions to the requirements of underground utilities are:

Major electric transmission lines responsible for transporting power through the area rather than to the area;

Provision of three-phase power; and

Where the Zoning Administrator determines that public safety is at substantial risk if underground utilities are employed. If underground utility location is not possible, above grade utilities shall be located behind structures in a utility "alley" easement approved by the applicable utility authority.

Element such as HVAC units, telephone boxes, or electrical transformers shall be placed as close to the building as feasible and screened with landscaping.

Dumpsters, which may be seen from adjacent properties or public parking lots, shall be screened from view on all four sides.

Dumpsters shall be placed in the rear yard.

Screening shall consist of three solid walls of brick, stucco or split-face block construction, at least six feet in height. The wall shall include a continuous cap feature and a closing gate. The gate shall be a 100 percent solid metal or wooden gate.

In addition the area shall be treated with a 24" high-planted shrubs that shall reach a 36" height within one (1) year.

Figure 17: Opaque dumpster screen with plantings an wooden door

(7)

Accessory Structures/Uses.

Accessory structures shall be compatible in style, color, and materials with main structure(s).

The requirements of the underlying zoning district shall govern the distance separation requirements from the principal structure and other accessory structures.

Structures shall be limited in size to 25% of the primary structure or 1000 sf whichever is less.

(8)

Lighting. A lighting plan will be required with submittal of all commercial development plans within the overlay. Emergency lighting for public safety and hazard warning, holiday decorations, residential lighting, and public streetlights are exempted from the provisions of this ordinance.

Orientation and Shielding. All light fixtures, except streetlights shall be located, aimed or shielded as to minimize stray light trespassing across property boundaries. No illumination in excess of one footcandle across any residentially zoned lot line. The orientation of all lighting shall be downward.

Height. Luminary heights shall not exceed eighteen (18) feet except in areas where the total number of parking spaces exceed 100 spaces; in such instances the luminaries shall be no higher than twenty-five (25) feet provided that they are limited to the central areas of the parking lot and lower fixtures not exceeding eighteen (18) feet in height are utilized along the primary vehicular/pedestrian corridors. If a luminary is within fifty (50) feet of a residentially zoned parcel, the height of the luminary shall be no greater than twelve (12) feet.

Type. Each outdoor luminary shall be a recessed or a full cutoff luminary, and the use of decorative luminaries with full cutoff optics is desired. A full cutoff luminary is an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture is projected below the horizontal plane.

Prohibited Lighting. The following lighting fixtures are prohibited: searchlights, laser source lights, or any similar high-intensity light, except in emergencies by police and fire personnel.

Canopy Lighting. Outdoor lighting installed on canopies or drive-thru facilities are permitted an average footcandle reading of twenty (20) footcandles under any area that is illuminated. Lighting shall use diffusers and be shielded.

Building Lighting. Property owners and managers are encouraged to safely illuminate building entry/exit locations; however, such areas shall only be illuminated using shielded lighting or off-building lighting that does not generate glare or otherwise allow the light to be viewed directly from off the property. Building walls may be illuminated. No building illumination shall cause the site to exceed maximum site lighting limitations.

(9)

Outdoors Display and Storage.

Commercial outdoor display areas, sales areas, tents, play areas, and commercial play devices are prohibited, except where a special event is held and a permit is issued. This Subsection does not apply to Auto/boat/storage building/sales. Chain link security fence enclosures may only be utilized within industrial areas if there is no reasonable alternative and only when screened by landscape material to create a six (6) foot tall opaque screen. If permitted, chain link fences, including posts and rails, shall be black, brown or green and vinyl coated.

Ancillary Outdoor Storage. The following requirements for ancillary outdoor storage in non-residential districts located within the Overlay. All uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (overnight parking) shall not be permitted unless in conformance with the following regulations:

Outdoor storage shall be accomplished by the construction of a minimum 8' masonry wall. No portion of the screening device shall be used for advertising and display of signage.

Outdoor storage shall observe the same setback requirements as that of the principal building.

Outdoor storage areas cannot be located forward of the principal building and when possible shall be located to the side of the building not facing a public street.

Outdoor storage areas shall comply with the most restrictive screening requirements set forth within the Horry County Zoning Ordinance.

Materials stored outdoors, excluding vehicles, trailers, or mobile machinery or equipment shall be stacked no higher than one foot below the top of required screening device.

The outdoor storage and display of living plant material (i.e. garden center) and its associated materials may have this provision waived by using a combination wrought iron and masonry screen.

The following activities are excluded from the requirements:

(a)

General construction activities

(b)

Operations with primary outside storage.

(10)

Access Management. To ensure that development within the overlay does not impact the carrying capacity or future improvement of the corridor, the following access management strategies shall be employed.

Consolidation of Access Points. Reduction of access points to the corridor are encouraged due to the increases in operational efficiency that result. When any of the following strategies are used, participating businesses shall be entitled to the variations listed below.

Figure 18: Shared access example

Number of Driveways per Parcel.

Any parcel or lot having frontage along an arterial and in existence prior to the adoption of the ordinance, shall be permitted one (1) direct access to that arterial, unless an access plan is submitted to, and approved by the Planning Department for more than one (1) access.

At the time of plan submission and approval, if two (2) or more parcels in existence prior to the adoption of this ordinance, are placed under one (1) ownership, control and/or maintenance, such assembly shall be permitted one (1) direct access to the arterial, unless an access plan is submitted to, and approved by, the county for more than one (1) access.

Direct access to arterial roads shall be provided by one (1) or more of the following means for lots or parcels not permitted direct access to the arterial:

(a)

Access to the site may be provided by an existing or planned public street; and/or

(b)

Access to the site may be provided via the internal circulation of a shopping center, an office complex, or similar group of buildings having access in accordance with an approved access plan; and no additional direct access shall be provided to the site from a public street intended to carry through traffic over and above those entrances which may exist to provide access to the shopping center, office complex or similar group of buildings. Access through side or rear setbacks is encouraged, provided that the access is internal and generally perpendicular to the setback; and/or

(c)

Access to the site may be provided by a service drive and/or shared access, which provides controlled access to the site.

Parcels located at an intersection of the corridor and another improved public roadway shall obtain access from the adjacent public roadway. Direct access to the corridor may be permitted when the parcel has 200 or more feet of corridor frontage, the access is no closer than 200 feet to another access, and the access is approved by SCDOT. The use of Shared Access to serve adjacent parcels abutting the Corridor are required for new lots where there is less than 200' of frontage on the Corridor or less than 200' to another access.

Shared or joint access. Use of shared or joint access between two or more properties is encouraged even for parcels that may meet the spacing and frontage requirement. Where a parcel uses such access the parking requirements for those adjacent uses may be reduced up to 10% for each business. To receive this reduction the property owner(s) shall file a written agreement at the Registry of Deeds. The parties may revoke the agreement only if parking is provided in accordance with this Zoning Ordinance, and the Planning Commission, or its designee approves a revised plan.

When applicable, access to a parcel shall be aligned directly with existing median crossovers.

Accesses that do not align directly shall be located a minimum of 100 feet (edge to edge) from the nearest crossover.

One (1) additional access along a continuous site frontage if there is a demonstrated need based on trip generation and road traffic data.

One (1) pair of one-way driveways may be used per two hundred fifty (250') feet of frontage. Only one pair of one-way drives may be used per street frontage.

Nonconforming Driveways.

Driveways that do not conform to the regulations in this Ordinance, and were constructed before the adoption of this Ordinance, shall be considered legal nonconforming driveways. Existing driveways granted a temporary permit are legal nonconforming driveways until such time as the temporary permit expires.

Loss of legal nonconforming status results when a nonconforming driveway ceases to be used for its intended purpose, as shown on an approved site plan for a period of six (6) months or more. Any reuse of the driveway may only take place after the driveway conforms to all aspects of this ordinance.

Legal nonconforming driveways may remain in use until such time as the use of the driveway or property is changed or expanded in such a way that impact the use of the driveway. At this time, the driveway must be made to conform to all aspects of this ordinance.

Nothing in this ordinance shall prohibit the repair, improvement, or modification of lawful nonconforming driveways.

Driveway Location and Design.

Driveways across from median openings shall be consolidated wherever feasible to coordinate access at the median opening.

Driveways with more than one entry and one exit lane shall incorporate channelization features to separate the entry and exit sides of the driveway. Double yellow lines may be considered instead of medians, where truck off tracking is a problem.

Driveways shall be designed with adequate on-site storage for entering and exiting vehicles to reduce unsafe conflicts with through traffic or on-site traffic and to avoid congestion at the entrance.

Transit accommodations shall be provided for sites containing structures of 80,000 gross square feet or greater, at the discretion of the Planning Commission.

Waiver Standards. The applicant may apply for a waiver of the standard driveway designs, under the following conditions:

When driveway volumes are expected to meet or exceed one thousand (1,000) vehicles per day.

When expected turning ingress or egress movements meet or exceed fifty (50) per hour during a typical peak traffic period as determined by a traffic study or generally accepted Institute of Transportation Engineers Trip Generation Manual.

When in the judgment of the Horry County Engineering the site specific conditions require alternative design treatments to provide for safe and efficient driveway operation.

When an applicant seeks a waiver for an innovative method for access design or operation. The waiver should be granted only where practical difficulties require and innovative design or dimensional change.

Change in Use. Properties with access connections that do not meet the requirements of the Little River Overlay District shall be brought into compliance with modifications to the roadway are made or when there is a significant change in use of the property, including land, structures or facilities, resulting in an increase in the trip generation of the property exceeding 25% percent (either peak hour or daily) and exceeding 100 vehicles per day, as determined by one of the following methods:

An estimation based on the latest edition of "Trip Generation" by the Institute of Transportation Engineers for typical land uses, or

Traffic counts made at similar traffic generators located in the area, or

Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.

If the principal activity on a parcel with access connections that do not meet the regulations herein is discontinued or out of service for a period of one year or more, then that parcel must comply with all applicable access requirements of this overlay district.

Parking lot access. Parking lots that directly access the corridor or a frontage roadway shall:

Be designed to ensure that entering vehicles maintain a travel speed of 15 mph to assist in reducing interference with through street traffic movements.

Setback required landscaping or optional berming to ensure that a sight triangle, conforming to SCDOT standards, exists.

(11)

Parking Areas. To reduce the visual mass and enhance the appearance of parking areas from the corridor, the following standards shall be met:

To soften the transition between active commercial areas and the street, all parking facilities shall be buffered from the corridor. Such screening shall be provided for utilizing the area provided for in the perimeter buffer and setback areas.

Parking areas shall be designed so that no one parking module contains more than (100) spaces. Parking within modules shall be grouped so that a nine (9) foot wide by fourteen (14) foot long parking island is provided for every (10) parking spaces in a continuous row or for a maximum of (20) spaces per bay between parking islands. Parking islands shall be surrounded by curbing to prevent vehicular intrusion and improved with at least one two and one-half (2½) inch caliper canopy tree to reduce parking lot heat and glare. The remaining area of the parking island shall be planted with vegetation that complements the structure or a suitable groundcover. Acceptable plant species, maintenance standards, and sizes to meet the above requirements are listed in Table 4.

Parking areas containing more than (100) spaces, shall provide a ten-foot landscaped island between each parking module.

Required parking spaces may be increased by up to 10% provided all excess spaces shall consist of alternative pervious paving material including but not limited to, brick pavers, grass pavers, porous asphalt and porous concrete.

Figure 15: Parking modules example

Shared parking agreements may be utilized where circumstances permit the reduction of the required parking ratio.

Vehicle access and flow should be designed to have minimal impact on pedestrian circulation (i.e. sidewalks) and there must be continuity across the mouth of all curb cuts.

Parking of any vehicle for anyone other than persons engaging in commerce at the business located on the property is prohibited. Overnight parking of commercial motor vehicles, tractor trailers, boats, vessels, recreational vehicles, campers, motor homes or similar means of conveyance or places of abode is prohibited, except in conjunction with a special event where a permit has been issued by the County.

(12)

Sign Regulations.

Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Anchor Tenant means a retail store(s) in a shopping center that is/are in excess of fifteen thousand (15,000) square feet of gross floor area and possess at least one hundred (100) feet of building frontage.

Architectural feature means any construction attending to, but not an integral part of the sign, such as, by way of example not limitation, landscape, building, or structural forms that enhance the site in general; it also includes, graphic stripes and other architectural painting techniques applied to a structure that serves a functional purpose, or when the stripes or other painting techniques are applied to a building provided such treatment does not include lettering, logos or pictures.

Background structure means the parts of a sign, exclusive of the copy area, such as beams, buttresses, poles, cables, and stringers, which support the sign face.

Building frontage means the horizontal length of a wall of a building where such wall faces a street. The measurement of such length is along a line parallel to the street. Where a building is arranged to include establishments with exterior public entrances but no wall space facing a street, the horizontal dimension of one wall of each such establishment, which faces a mall, or other private way may be considered to be building frontage.

Building Signs means any sign attached to any part of a building, including but not limited to, awning, wall or projecting signage.

Changing sign (manual) means a portion of a sign with letters, characters, or graphics that are not permanently affixed to the structure, framing, or background allowing the letters, characters or graphics to be modified from time to time manually, such as a bulletin board.

Discontinued Signs means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity and/or for which no legal owner can be found within a specified period of time.

Free Standing Signs means a sign supported from the ground and not attached to any building.

Gasoline Station Signs means signs for buildings and premises in which the primary source of revenue is the retail dispensing of motor fuels. The foregoing information must be verified to the county by the applicant prior to the issuance of sign permits.

10.

Gross Floor Area means the sum of the fully enclosed covered floor area and the unenclosed covered floor area of a building at all floor levels.

11.

Ground Sign means a sign supported by uprights or braces which is placed on, near or at ground level, and which is not attached to any building. The definitions of ground sign and pole sign are mutually exclusive.

12.

Multi-tenant parcel means a parcel of property, or parcels of contiguous property, existing as a unified or coordinated project, with a multi-tenant structure.

13.

Multi-tenant structure means a building used, designed or constructed for occupation by more than one (1) tenant.

14.

Multi-tenant sign means a sign, which pertains to the uses of a parcel of property, or parcels of contiguous property, where two (2) or more separate establishments exist on the parcel of property.

15.

Parapet means the extension of a false front or wall above a roofline.

16.

Permanently Attached Window Sign means a window sign that is displayed longer than thirty days.

17.

Pole Sign or pylon sign means a sign supported by at least one (1) upright pole, pylon, or post, which is secured to the ground, and the bottom of the sign- face exceeds two (2) feet above the finished grade level. The definitions of pole sign and ground sign are mutually exclusive.

18.

Projecting Sign means a sign mounted on a building wall or fascia in such a manner that one or more copy areas are not parallel to the building wall.

19.

Stick-in sign means a sign, which is capable of being manually inserted into the ground by a single individual, and which is capable of being viewed from the public right-of-way.

20.

T-Frame Sign means a portable sign utilizing an inverted "T" style of framing to support the sign.

Permitted Signs.

Freestanding Signs: Freestanding signs are permitted within the commercial corridor with the following provisions:

(a)

Types of Signs. Free standing signs shall be limited to multi-tenant ground signs and single tenant ground signs.

(b)

Maximum number of freestanding signs shall be limited as follows.

Basic Allowance. One (1) double faced or single faced sign shall be allowed per parcel.

ii.

Additional Allowance. Developments with five hundred (500) feet of frontage or more on a major arterial road with more than one ingress/egress serving more than one (1) building shall permit one (1) additional sign, which shall not exceed one hundred (100) square feet in total copy area. The minimum separation for all signs on a parcel shall be at least two hundred (200) linear feet. If a building is located on a corner lot with two (2) street facing sides, one (1) sign may be located on each side served by an entryway.

(c)

Location. Sign(s) shall be located no closer than 10 feet from right-of-way, side or rear property lines.

(d)

Height. Sign(s) shall be a maximum of twelve (12) feet high and be measured from the finished grade level to the top of the sign face. Multi-tenant parcels with over 300 feet of frontage shall be allowed to increase the height of the sign up to a height of twenty-five (25) feet.

(e)

The maximum clearance of the bottom of the sign face of any ground sign shall be two (2) feet from the finished grade level.

(f)

The maximum size of the background structure of a sign shall not exceed one hundred ten (110) percent of the total square footage of copy area. For example, fifty (50) square foot of copy area can have fifty-five (55) square feet of background structure area.

(g)

Copy area. The maximum allowable copy area of any single stand-alone tenant ground sign shall be determined by Table 2.2.1. The maximum allowable copy area for any single tenant within a multi tenant parcel shall be determined by Table 2.2.1, with the total maximum allowable copy area for a multi-tenant ground sign not exceed one hundred (100) square feet. The minimum allowable copy area for each individual tenant actually permitted on a multi-tenant ground sign shall be twelve (12) square feet and a maximum of 64 square feet. Both single tenant and multi-tenant signs must contain the street address number (the address will not count towards the copy area) of the business or shopping center and:

Be displayed in a contrasting color on any business identification sign; and

ii.

The minimum height of the address must be six (6) inches and the maximum height of the address must be twelve (12) inches.

(h)

Support Base - The ground sign base shall be encased or provide external support and meet the following standards:

Ground signs shall be of a monument design in an enclosed base possessing a minimum width of two-thirds ( 2/3 ) the width of the sign.

ii.

If any support, upright, bracing or framework is utilized or proposed to support a ground sign, said support, upright, bracing or framework shall be either:

Encased in an ornamental shell of stone, brick, stucco, ornamental metal or similar and/or compatible materials with the architecture of the building or other site features; or

Be constructed of an external support structure extending between grade and the base of the copy area that shall not exceed two (2) supports.

iii.

Base shall not be intended or designed to include message and shall not include colors, trademarks, or any other decorative design features that are primarily intended to attract attention, rather than be unobtrusive or compatible with the architecture of the building or other site features.

iv.

A minimum depth of thirty-six (36) inches of landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or flowering annual to promote color. The landscaping requirements may also be credited to the required landscaping.

Table 2.2.1 Maximum Copy Size Requirements for stand alone Single Tenant Signs and Individual Tenant Copy within a Multi Tenant Sign

Building Size (Gross Floor Area)	Maximum Copy Area
Under 75,000 square feet	32 square feet
75,000—250,000 square feet	48 square feet
Over 250,000 square feet	64 square feet

Figure 19: Ground/monument sign with multiple tenants

Figure 20: Ground/monument sign with single tenant

(i)

Digital Signage—Digital signage shall be permitted within the Little River Overlay subject to the following:

Electronic message boards shall adhere to the lighting requirements herein.

The electronic message board center cannot exceed fifty (50) percent of the allowable sign area.

Animation and full motion video is prohibited.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

The transition between messages cannot be animated but may be accomplished through fading in and out or dissolving.

Only one (1) electronic message board is allowed per road frontage.

Limits on Maximum Brightness (Permit application must include details from the manufacturer of sign indicating that the sign will automatically dim at night).

1,000 nits at night.

ii.

If sign is within 200 feet of residential (zone or use) the sign must be directed away from the residential (zone or use) or it may be reduced to 250 nits brightness at night.

Building Signs. Building signs shall be limited to wall, canopy, awning, marquee, and projecting signs.

(a)

Building signs shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises.

(b)

The sign shall be clearly integrated with the architecture of the building and shall be consistent in design and materials with the architecture of the proposed building.

(c)

Single Tenant Development.

Maximum number of signs: One (1) building signs are permitted per tenant frontage.

ii.

Maximum Size:

•

1.0 square feet for every linear foot of building frontage.

•

0.5 additional square feet for every linear foot of building frontage for buildings located beyond one hundred (100) feet from the right-of-way.

•

The size of an individual sign shall not exceed one hundred fifty (150) square feet.

(d)

Multi Tenant Development.

Maximum number of signs; One (1) building signs are permitted per tenant frontage. Only buildings that have direct access to a building frontage may have an external wall sign.

ii.

Maximum Size:

•

2.0 square feet for every linear foot of store frontage.

•

The size of an individual sign shall not exceed one hundred fifty (150) square feet.

(e)

Placement. The building signs permitted may be placed on the wall, awnings, or be a projecting sign.

Wall signs shall display only one (1) surface and shall not be mounted more than six (6) inches from any wall.

ii.

The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-four (24) inches in height for single tenants.

iii.

The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty (20) percent of the building height.

iv.

The length of the sign may occupy up to fifty (50) percent of the linear feet of the storefront the business occupies.

(f)

Projecting signs should be in compliance with the following standards: Projecting signs shall be limited to occupants that have a minimum of twenty (20) feet of occupied building frontage provided that:

All projecting signs shall not exceed fourteen (14) feet in height and shall have a minimum clearance of eight (8) feet from the ground to the bottom of the sign. A projecting sign may be a minimum of six (6) feet from the ground when it is located above a landscaped area or other area that does not permit pedestrian traffic beneath said sign;

ii.

The projecting sign shall be placed on the building so that said signs are intended to be viewed by the pedestrians on the abutting street or pedestrian way;

iii.

The projecting sign shall not extend more than four (4) feet from the wall of the building on which it is erected and shall not extend above the roofline or the parapet of the wall of the building on which it is erected; and the maximum allowable copy area for projecting signs shall be four (4) square feet.

Figure 21: Building facade with front parapet

Figure 22: Multiple building facade signage types

Collocated Signage.

(a)

Adjacent parcels and/or business can collocate signage on the same sign as long as the allowable height is not exceeded and the total square footage of signage for the combined developments is not exceeded.

Signage, Temporary and Other.

(a)

Window Signs. Total area of all window signs shall not exceed twenty (20) percent of the total glass area of the window in which they are placed. Window signs shall not count against total allowable copy area if they are not permanently attached.

(b)

Changeable Copy (Manual) Signage. Freestanding signs may have up to 25% of the permitted copy area as changeable copy.

(c)

Flags, Other. Flags include any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. Standards for flags are as follows:

Only two such flags shall be permitted.

ii.

The flags shall not be flow higher than a 35-foot pole, measured from grade.

iii.

Only one flag per pole up to six feet by ten (10) feet, or two flags per pole up to four feet by six feet, may be flown.

iv.

The flag shall extend no closer than ten feet from the edge of any adjacent public right-of-way.

(d)

Grand Opening/New Management/Going Out of Business Sign. One on-site temporary sign announcing the opening of a newly licensed business that does not exceed 16 square feet in copy area and that is not displayed for longer than 30 days after the issuance of a certificate of compliance by the Zoning Administrator or designee.

Figure 23

(e)

Residential Subdivision Signs. Twenty-five (25) square feet maximum, maximum 8 feet high, monument style, permitted in buffer if part of entrance feature, landscaped at base. A subdivision sign may be placed on each side of an entrance, with each sign counting separately towards the bulk requirements.

(f)

For Sale/For Lease Signs:

Individual Residential Lots: Six (6) square feet maximum, three (3) feet high, located outside the buffer.

ii.

Temporary Nonresidential Lease or Sale Signs: Sixteen (16) square feet maximum, six (6) feet high, one (1) per lot for a maximum of one (1) year, located outside the buffer.

(g)

Directional Signs. Four (4) square feet maximum, eight (8) feet high, one (1) per entrance and one (1) per drive-through window, located outside the buffer.

(h)

Temporary signs, no more than twelve (12) square feet, announcing a campaign drive or an event of a civic, philanthropic, educational or religious organization; provided that the sponsoring organization shall ensure proper and prompt removal of such sign within 5 days after the drive or event.

(i)

Contractors Sign. One (1) sign per job site, no more than twelve (12) square feet in area, located on the property on which the work is being done. All contractors on a job site shall place their signs on the same contractor sign.

Illumination. Freestanding and building signs shall be permitted to be illuminated in compliance with the following:

Internally illuminated signs shall meet the following standards:

(a)

The sign shall be constructed with either: an opaque background and translucent letters and symbols; or, a translucent darker colored background with a lighter contrasting color for the letters and symbols.

(b)

The darker background color shall have a luminous transmittance, which does not exceed fifteen (15) percent. The lighter lettering or symbols shall have a luminous transmittance, which does not exceed thirty-five (35) percent.

(c)

No internal lighting shall include exposed incandescent or fluorescent bulbs.

Externally illuminated signs shall meet the following standards:

(a)

The lighting of signs must be from the top of the sign and directed downward;

(b)

The lighting of signs that have a height of eight (8) feet or less may be illuminated from the top of the sign or from the ground.

(c)

Indirect light sources must be shielded from the view of persons viewing the sign and be further shielded and directed so that the light shines only on the sign and that illumination beyond the copy area is minimized.

Exempted Signs. Subject to the following provisions, properties within the commercial corridor upon which are located signs which were legally in existence and lawfully conforming with the ordinance prior to the effective date of this ordinance and which, after adoption of this ordinance, do not conform with this division are exempted:

Termination By Damage or Destruction. Any exempted sign damaged or destroyed, by any means, to the extent of fifty percent (50%) or more of its replacement cost at the time of such damage or destruction, shall not be restored and shall be removed.

Termination By Redevelopment. Whenever a parcel or building undergoes new development or substantial modification, the exemption provided for herein shall terminate.

Maintenance of Exempted Signs. No exempted sign shall be expanded, moved, modified or altered in any manner that would increase the degree of its nonconformity with this division. Replacing existing LED/electronic/ or manually changeable signage with digital signage shall be considered ordinary maintenance as long as the existing sign structure is capable of supporting the additional weight, the total signage size is not increased and the digital sign does not exceed more than fifty (50) of the total existing sign. Ordinary maintenance of the exempted sign shall be continued in order to ensure such signs are maintained in a structurally sound condition, with a neat appearance and in a generally good state of repair.

Ordinary maintenance may include replacements of supports with different materials or design than the previous supports provided the replaced supports are not enlarged. Nothing in this division shall prevent the strengthening or restoring to a safe condition of any portion of an exempted sign declared unsafe by a code enforcement officer or building inspector provided that any such improvement does not exceed fifty percent (50%) of the replacement cost of the sign. For purposes of this subsection, the replacement of individual tenant name panels on a multi-tenant center sign shall not constitute an alteration or modification.

Maintenance.

Maintenance. All signs shall be maintained in good condition and working order, and be free of graffiti, peeling paint, faded colors, and/or broken and damaged materials.

Signs on Closed Business. The owner of any sign or any business which is a discontinued sign for a period of ninety (90) or more consecutive days shall remove the signage, not including the background structure, by painting over the copy area, or replacing the copy area with a blank insert.

Prohibited Signs. The following signs shall be prohibited in the commercial corridor:

Figure 24: Prohibited signage examples

No sign, permanent or temporary, shall be erected or placed so that it interferes with a clear sight triangle distance design standards.

Portable signs.

A-frame, T-framed signs.

Signs on trailer frames with or without mounted wheels.

Figure 25: T-Sign example

Vehicle signs or signs on or attached to vehicles which have a total copy area in excess of ten square feet, when the vehicle is not "regularly used in the conduct of the business" and (a) is visible from a street right-of-way within one hundred feet of the vehicle, and (b) is parked for more than two consecutive hours within one hundred feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business" if the vehicle is used primarily for advertising, or for the purpose of advertising.

Signage used on bus transit shelters within the right-of-way.

Bench signs.

Roof sign.

10.

Changing Sign (automatic).

11.

Traffic sign replica.

12.

Pole Signs.

13.

Pylon Signs.

14.

"Stick-in" signs.

15.

Banner Signs.

Figure 26: Pole sign example

(a)

Banner Signs shall be prohibited except as temporary commercial signs used to advertise a grand opening or change of business or except as banners attached to light standards used to promote noncommercial artistic purposes or the activities of nonprofit or governmental agencies.

(b)

One (1) commercial banner sign not to exceed 24 square feet shall be issued per business for a period not to exceed thirty (30) days. Banners shall be temporarily affixed to a building wall.

16.

Neon or Gaseous-type Signs. Exposed neon tubing or similar gaseous type signs shall be strictly prohibited.

Off-Premise Advertising Signage. Off premises advertising signage shall be prohibited except as follows:

Digital billboards may be permitted as a replacement of existing non-digital billboard signage and only as a two for one replacement. Two non-digital billboards must be removed to allow for the installation of every one digital billboard and must be located in the same place of one of the previously existing non-digital billboard locations.

Digital billboards must meet a separation of 2,400 feet from other digital billboards.

Digital billboards must not contain animation, flashing, intermittent or moving light or lights.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

The transition between messages cannot be animated but may be accomplished through fading in and out or dissolving.

Digital billboards cannot be located within 500 feet of an existing residence. This distance shall be measured from the actual billboard location to the nearest property boundary of the nearest residentially used property.

Limits on Maximum Brightness (Permit application must include details from manufacturer of sign and dimmer control).

(i.)

7,000 nits daytime.

(ii.)

1,000 nits at night.

All off premise signs must meet the size and height requirements of Section 1000 of the Horry County Zoning Ordinance.

(Ord. No. 64-11, § 1, 9-20-11; Ord. No. 69-14, § 1, 9-16-14; Ord. No. 53-16, § 1, 9-6-16; Ord. No. 87-18, §§ 1, 2, 10-16-18)

723.8

Little River Height Overlay Zone. The purpose of the Little River Overlay Zone is established to impose height restrictions on all new construction in the area to prevent over development and development that is incompatible with the area.

(A)

Application. The Little River Area Overlay Zone shall begin at the intersection of Golf Avenue, Highway 90 and Highway 17 and Kingsport Road and terminate at the North Carolina State Line. Furthermore, the overlay shall extend 500 feet to the north, northwest of the right-of-way line of Highway 17 and shall extend to the Atlantic Ocean on the east and include the North Myrtle Beach Marina.

(B)

Applicable Height Restrictions. The height of all new construction within the Little River Height Overlay shall not exceed sixty (60') feet, unless the property is rezoned to a Planned Development District (PDD). A height of up to one hundred twenty (120') feet may be approved in a PDD.

Little River Area Height

723.9

Socastee Boulevard Overlay Zone.

(A)

Purpose.

(1)

The overlay zone is established to provide standards relative to accessibility, appearance and safety in the development of commercial, industrial, institutional, multi-family residential and office projects. Furthermore, the overlay is established to provide unified development that promotes a sense of place and provides opportunities to develop projects to be compatible with the carrying capacity of an urban corridor.

(2)

When any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these overlay zone standards are less restrictive.

(3)

The following standards provide the minimum requirement that must be met in order to receive planning department/commission authorization to develop or redevelop property within the overlay zone as established by the zoning ordinance.

(4)

(B)

Applicability.

(1)

The boundaries of the overlay zone are established herein. The standards that follow shall be applicable to any development as established in the table below which is located partially or completely within the boundaries established within the boundaries section of this subsection.

Levels of Modification

Level of Modification	Percent of value (cost of modification divided by existing improvement value, times 100) ^*	Applicable sections of this overlay district that must be adhered to.
Very minor	1 to 9 percent	All new exterior walls must adhere to the facade and foundation landscaping requirements.
Minor	10 percent to 39 percent	Above plus all window signage must be brought into compliance.
Significant	40 percent to 74 percent	Above plus all existing exterior walls must adhere as well as complete foundation landscaping.
Major	75 percent or more	All sections of the overlay must be adhered to including signage.

^* Cost of modification shall be determined by the total permit value of all building permits over a rolling five-year time period.

(2)

Expenses incurred for general maintenance and repair of water; sewer and electrical where no new expansion will occur.

(3)

(4)

Any change of use that requires additional parking shall bring the entire parking lot into compliance with the parking lot standards of this overlay.

(5)

Multi-family development existing at the time of adoption of this overlay shall only adhere to the sign standards. No other sections shall apply.

(C)

Boundaries.

(1)

The Socastee Boulevard Overlay Zone shall apply to renovated or newly constructed structures located 200 feet to either side of the Socastee Boulevard right-of-way lines as shown in Attachment 1. Properties within this overlay are also subject to the preservation of protected and specimen trees, as defined in section 527 of the zoning ordinance.

(2)

Attachment 1 provides the location of the boundaries of this overlay.

(D)

Development review proposed developments or modifications meeting the specifications as detailed in the modifications table in section 723.13(B) shall be reviewed before issuance of building permits. Development plans shall provide information relative to the site layout including building elevations, landscaping, signage and utility location. Submitted plans shall comply with the commercial plan submittal requirements and contain enough detail to illustrate that the requirements of this ordinance have been meet.

(E)

Development and design requirements development of specific uses in the Socastee Boulevard Overlay Zone shall be consistent with the underlying zoning district. In addition to the requirements of the applicable underlying zoning district the following supplemental development regulations shall apply:

(1)

Building exterior.

Facades .

Buildings wider than one hundred (100) feet shall be designed to break up the scale of the building. This can be done using differing facade treatments including changes in color, material, articulation, windows, doors, etc. Principal facades facing overlay corridor may not have blank walls that exceed fifteen (15) feet in length without windows, doors or other decorative elements. Other building facades visible from the corridor or adjacent general customer areas must be designed so that no blank facade exceeds thirty (30) in width. The spacing shall be measured from edge of window, door or other decorative element to other element.

Where parapets are used, the parapet must wrap around the entire length of the front and side of the buildings. Where parapets are not used, all rooftop mechanical equipment shall be screened. Parapets shall be limited to twenty (20) percent of the total height of the facade, unless the increased height is needed solely to screen the rooftop equipment.

If the building design includes cornices than they should be a minimum one (1) foot deep cornice and extend along the entire front of buildings and the sides of buildings at least ten (10) feet.

If the building design includes a contrasting base than it should be a minimum two (2) foot high contrasting base and extend along the entire front of buildings and down the sides of buildings at least ten (10) feet.

Structure heights shall not exceed 36 feet, except copulas, spires, or other ornamental features are permitted to increase building heights to 50 feet.

Materials. No portion of a building which is visible off the property shall be treated with smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. Materials suitable for treating visible facades include, but are not limited to, brick, glass, synthetic clapboard siding (vinyl, metal or wood), split-face decorative block, stone, hardiplank siding or cementitious siding, or stucco; brushed, stamped or polished aluminum panels.

Glazing .

Reflective or heavily tinted glass shall be limited to twenty-five (25) percent of the linear length of any facade.

Glazing located on the ground floor of the primary and/or secondary facade of commercial structures shall be forty (40) percent or less.

(2)

Building roof. Roof mounted mechanical equipment visible from the corridor shall be enclosed or screened to ensure that such features are not visible. Enclosures and screens shall be compatible to the architectural style of the proposed building;

(3)

Accessory structures/uses.

Accessory structures shall be compatible in style, color, and materials with main structure(s).

Structures shall be limited in size to twenty-five (25) percent of the primary structure or one thousand (1,000) square feet; whichever is less.

(F)

Special design standards.

(1)

Canopy support columns shall be clad in one of the suitable finish materials listed above.

(2)

Commercial outdoor display areas, sales areas, and tents are prohibited, except in the following situations and subject to the following standards:

Where a special event is held and a permit is issued.

This subsection does not apply to auto/boat/RV/storage building sales.

(3)

Outdoor freestanding propane stations and storage facilities shall be opaquely screened from public view with landscaping or a fence meeting eighty (80) percent opacity.

(4)

Retail garden center.

A six-foot high privacy fence; or

The items are screened by placing living plant materials such that these plants serve as a semi-opaque screen for the other materials, items and equipment.

(5)

Chain link fencing is prohibited except within an industrial area and only when screened by landscape material to create a six-foot tall opaque screen. If permitted, chain link fences, including posts and rails, shall be black, brown or green and vinyl coated. Fences exceeding six (6) feet in height shall have plantings on any side facing the main corridor or adjacent residentially zoned property, whichever is closer.

(6)

Businesses engaged in the sale and/or rental of autos, boats, or recreation-related vehicles that have frontage within the overlay shall adhere to the following:

Each business shall be permitted one display pad for merchandise sold at such establishment for every two hundred (200) feet of corridor frontage.

Automobiles and boats shall be no larger than two hundred (200) square feet.

Recreational Vehicles shall be no larger than four hundred (400) square feet.

The display pad shall be located behind the required perimeter buffer.

The display pad may be elevated a maximum of eighteen (18) inches above finished grade.

(G)

Shipping/receiving docks, utility locations and dumpsters.

(1)

Shipping/receiving docks. Proposed structures, requiring shipping docks shall locate such docks in the rear of the structure, within a service courtyard shared by different businesses or on the side of the structure. Shared courtyards may be accessed from the front of the structure provided the entrance to such area is designed to blend into the architectural style of the structure and no docks are visible from the corridor or adjacent parking areas. If no courtyard is present or the dock is located on the side of the structure then landscaping or a solid screen made of durable architectural materials used in the buildings primary facade shall be provided to ultimately create an opaque screen at least eight (8) feet in height. The screening shall be designed to obscure views from on and offsite public areas, except for necessary penetrations.

(2)

Utility services shall be located underground when possible. Exceptions to the requirements of underground utilities are:

Major electric transmission lines responsible for transporting power through the area rather than to the area;

Provision of three-phase power;

Where the zoning administrator determines that public safety is at substantial risk if underground utilities are employed. If underground utility location is not possible, above grade utilities shall be located behind structures in a utility "alley" easement approved by the applicable utility authority:

Elements such as HVAC units, telephone boxes, or electrical transformers shall be placed as close to the building as feasible and screened with landscaping in context with the approved landscaping design.

(3)

Dumpsters, which may be seen from adjacent properties, rights-of-way or other general customer areas, shall be screened from view on all sides.

Dumpsters shall be placed in the side and or rear yard. In the case of a double frontage or corner lot the front shall be considered the primary corridor.

Screening shall consist of three (3) solid walls or fence panels, at least six (6) feet in height meeting eighty (80) percent opacity. If the opening to the dumpster enclosure is visible from adjacent properties, rights-of-way or public parking lots then the enclosure must include a solid screening closing gate.

(H)

Access management. To ensure that development within the overlay does not impact the carrying capacity or future improvement of the corridor, the following access management strategies shall be employed.

(1)

Parcels located at an intersection of the corridor and another improved public roadway shall only obtain access from the adjacent public roadway unless the parcel has two hundred (200) or more feet of corridor frontage and the access is approved.

(2)

The use of shared access to serve adjacent parcels abutting the corridor is required for new lots where there is less than two hundred (200) feet of frontage on the corridor.

(3)

Shared or joint access. Use of shared or joint access between two (2) or more properties is encouraged even for parcels that may meet the spacing and frontage requirement. Where a parcel uses such access the parking requirements for those adjacent uses may be reduced up to ten (10) percent for each business. To receive this reduction the property owner(s) shall file a written agreement at the register of deeds which makes Horry County a party to the agreement. The parties may revoke the agreement only if parking is provided in accordance with this zoning ordinance, and a revised plan is approved.

(4)

Cross access.

General. Any development may be designed to allow for cross-access to adjacent compatible sites. Any subdivision or subdivision of lots may require a cross access or shared driveway to be installed.

Future stubs required. A stub for future access shall be provided to all adjacent vacant land zoned for commercial or multi-family uses.

(5)

Driveway location and design. Driveways with more than one (1) entry and one (1) exit lane shall incorporate above grade channelization features to separate the entry and exit sides of the driveway. Where above grade channelization impairs truck off tracking, said mechanism shall be setback from the right-of-way so as not to impede the necessary turning radius for safe truck off tracking.

On site storage for entering and exiting vehicles shall be buffered from the parking area by curbing or other means.

(6)

Public transit accommodations shall be provided for sites containing structures totaling eighty thousand (80,000) gross square feet or greater. This can be waived by the zoning administrator if adequate sites already exist within the area.

(7)

An estimation based on the latest edition of "Trip Generation" by the Institute of Transportation Engineers for typical land uses;

Traffic counts made at similar traffic generators located in the area; or

Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.

(I)

Parking. To reduce the visual mass and enhance the appearance of parking areas from the corridor, the following standards shall be met:

(1)

Parking areas shall be designed so that no one parking module contains more than one hundred (100) spaces. Parking within modules shall be grouped so that a nine-foot wide by fourteen-foot long parking island is provided for every ten (10) parking spaces in a continuous row or for a maximum of twenty (20) spaces per bay between parking islands. Parking islands shall be surrounded by curbing to prevent vehicular intrusion and limit vehicle overhang unless an alternative plan using low impact design is approved.

(2)

Parking areas containing more than one hundred (100) spaces, shall provide a ten-foot landscaped island between each parking module. These divided islands may include pedestrian walkways.

(3)

Shared parking plan. The planning department can approve a shared parking plan that meets all of the following standards:

Same or more intensive use. A shared parking area shall be located on a site with the same or more intensive zone district than the required primary uses served.

The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be fifty (50) percent;

Directional signage shall be added to direct the public to the shared parking spaces.

(J)

Pedestrian walkways.

(1)

Pedestrian pathways a minimum of five (5) feet in width shall connect building entrances, site amenities and provide connections to the public sidewalk system, including through landscaped areas in parking lots when necessary to provide a reasonable direct path for entrance/exit. If no public sidewalk system exists adjacent to the property then the pedestrian access shall be constructed up to the right-of-way.

(2)

For parking uses of over five hundred (500) spaces a pedestrian network shall be provided to connect parking areas to the building areas.

In the case of office and institutional uses, a pedestrian path leading to the building entrance shall be provided within one hundred (100) feet of all parking spaces.

In case of retail or other commercial uses a pedestrian path shall be provided within one hundred fifty (150) feet of all parking spaces.

(3)

Pedestrian pathways shall be constructed with asphalt, cement or other comparable material. The pathways shall be striped appropriately when crossing drive aisles. Speed table or textured surfaces creating a rumble effect shall be required at high volume crossings.

(4)

Pedestrian zones in front of commercial buildings, retail and linear multi-entrance office. A pedestrian zone including minimum five-foot sidewalks, landscape planters and amenities shall be provided adjacent to the entrances of every retail or linear multi entrance office building in scale with the size of building. The width shall be no less than ten (10) feet, which includes the required foundation landscaping area.

(K)

Lighting. A lighting plan shall be required with submittal of all commercial development plans within the overlay in order to reduce unnecessary dispersal of light and glare to surrounding lands and/or right-of-way. Emergency lighting for public safety and hazard warning, holiday decorations, residential lighting, and public streetlights are exempt from the provisions of this section.

(1)

Detailed lighting plan. The lighting plan shall show the location of all site lighting including lights mounted on buildings that are intended to illuminate spaces adjacent to the building. The lighting plan shall include specifications and details of all fixtures, and a photometric plan. The photometric plan may be waived for small or infill sites where code compliance and compatibility can be determined through other data.

(2)

Orientation and shielding. Light fixtures in excess of one hundred (100) watts or two hundred (200) lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project onto adjacent lands or right-of-way. Standard decorative street lights are exempt. No illumination in excess of one (1) footcandle across any residentially zoned lot line is allowed. The orientation of all lighting shall be downward.

(3)

Height.

Luminary heights shall not exceed eighteen (18) feet except in areas where the total number of parking spaces exceeds one hundred (100); in such instances the luminaries shall be no higher than twenty-five (25) feet provided they are limited to the central areas of the parking lot and lower fixtures not exceeding eighteen (18) feet in height are utilized along the primary vehicular/pedestrian corridors.

If a luminary is within fifty (50) feet of a residentially zoned parcel, the height of the luminary shall be no greater than eighteen (18) feet with the fixture located along the edge of the parking area and light directed back into the site.

Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four (4) feet in height.

(4)

Type. Each outdoor luminary shall be a recessed or a full cutoff luminary, and the use of decorative luminaries with full cutoff optics is desired.

(5)

Hue. Lighting sources shall be color neutral types such as halogen or metal halide. White LED lighting may also be used.

(6)

Floodlights and spotlights. Floodlights and spotlights shall be selected, located, aimed, and shielded so that the direct illumination is focused exclusively on a portion of the building facade or other intended site feature and away from adjoining lands or right-of-way. Such lighting shall be installed in a fixture that is shielded so that no portion of the light extends below the bottom edge or above the top edge of the shield and the main beam from the light source is not visible from adjacent lands or the adjacent right-of-way.

(7)

Prohibited lighting. The following lighting fixtures are prohibited: searchlights, laser source lights, or any similar high-intensity light. Light types of limited spectral emission such as low-pressure sodium or mercury vapor lights are prohibited. Floodlights or other type of lighting attached to light poles that illuminate the site and/or buildings are prohibited.

(8)

Canopy lighting. Lighting installed on or under canopies or drive-thru facilities are permitted an average footcandle reading of twenty (20) footcandles under any area that is illuminated. Lighting shall use diffusers and be shielded. No light source or lens in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling, unless the fixture is of a full cut-off design.

(9)

Building lighting. Wall mounted lights shall be fully shielded luminaries to prevent the light source from being visible from any adjacent residential property or public street right-of-way. Nothing in this subsection shall prevent the use of sconces or other decorative lighting fixtures with wattage equal to or less than one hundred (100) watts.

(L)

Landscaping.

(1)

Foundation landscaping.

Exemptions from this requirement may be granted when the following circumstances exist or when any of the following conditions are proposed on the site:

Building entrances and exits.

For those portions of buildings which have drive-up services along the side of the building (i.e., pharmacies, banks, fast-food, dry-cleaners, photo shops, etc.).

(2)

Parking islands. Each parking island be improved with a tree(s) and five (5) shrubs. Fifty (50) percent of the trees must be canopy. The remaining area of the parking island shall be planted with vegetation that complements the structure or a suitable groundcover.

(3)

Perimeter landscaping.

A landscaped buffer shall be provided around all perimeters for parcels that abut the corridor. The buffer width shall be equal to that of the setback required for the underlying zoning district except that the Type C (Streetscape) width shall be ten (10) feet. In addition, Type B (Spatial) buffer widths may be reduced to five (5) feet. Landscaping within the buffer shall be provided in accordance with design standards described in Table 2: Buffer Design Guidelines.

When any commercial property being developed abuts a residential property, a Type A buffer along with a minimum of a six-foot privacy fence shall be used.

When a new residential development is created adjacent to or abutting to an existing developed commercial property within the corridor, it is the responsibility of that new residential development to install the increased buffer materials listed below.

Permitted uses within the required buffer include driveway access; transit oriented uses including bus stops and shelters; pedestrian and bike paths; and lighting fixtures, signs, benches, and other streetscape furniture.

(4)

Irrigation. All required planting areas shall be mechanically irrigated. This shall include all tree islands, medians and all areas of required frontage landscaping between the parking lot and public streets. Required planting areas associated with parking lots containing less than thirty (30) parking spaces are not required to be irrigated. However, an exterior water source (such as a hose bib) shall be located within one hundred (100) feet of all required planting areas. If the project area is required to be irrigated, the following statement on the site and landscaping plan must be provided "All planting areas shall be mechanically irrigated," and/or, an irrigation plan must be provided.

(5)

Drainage and utility encroachment into the perimeter buffer.

(6)

Alternate designs allowed. The zoning administrator or their designee may, at their discretion, approve an alternate buffer design incorporating visually appealing fencing or earthen berms. The planning and zoning department may also require landscaping to be installed in locations left empty from the parking layout, such as corner islands associated with angled parking layouts, at its discretion.

(7)

Tree preservation. The following standards apply to all properties within overlay.

TABLE 1: PERIMETER BUFFER

	Adjacent Land Use
	Residential	Commercial	Street/Access/ROW
Proposed Land Use
Residential	N/A	A	C
Commercial	A	B	C

TABLE 2: BUFFER DESIGN GUIDELINES

Buffer Type	Description	Performance Standards (per 100 feet)
		Canopy Trees	Understory Trees	Shrubs
Type A Opaque	This buffer functions as an opaque screen from the ground to a minimum height of 8 feet.	3 trees	3 trees	100% evergreen. A minimum of 28 inches in height shall meet the spacing requirements as shown in Horry County Landscape Manual.
		Or A double row offset evergreen trees spaced every 10 feet on center minimum and minimum 8 feet tall.
		100% of the vegetation required shall be evergreen species, no more than 25% may be pine species. Trees shall be of a variety that offers screening from base to top (i.e., Leyland cypress or nelli stevens holly).
Type B Spatial	This buffer provides a sense of separation between properties without screening the view.	3	3	28
		At least 50% of the required trees and shrubs shall be evergreen species.
Type C Streetscape	This buffer is intended to soften the transition from the street side to the remainder of the property as well as provide a sense of separation between the street and property use.	3 trees	3 trees	28. If parking is located adjacent to the street, then the shrubs must be 100% evergreen.
		At least 25% of the required trees shall be evergreen species. Streetscape trees should be chosen from "Streetside and Walkways" group in the Horry County Landscape Manual.
		At least one-third of the understory trees and shrubs shall be flowering.

(M)

Sign regulations.

(1)

On-premise freestanding signs.

All signs for properties with less than or equal to fifty (50) linear feet of frontage must be constructed as a ground style sign.

Parcels with multiple road frontage:

"Freestanding Sign Table" applies to each road frontage separately.

FREESTANDING SIGN TABLE

Measure	Number of Freestanding Signs	Maximum Sign Area (sf)	Maximum Height (ft.)
(Linear feet of frontage) - LF	Number of Freestanding Signs	Maximum Sign Area (sf)	Maximum Height (ft.)
≤50 LF	One (1) sign	50 sf	12 ft.
51 to 99 LF	One (1) sign	One (1) sf per one (1) lf of frontage up to a maximum of 500 sf	20 ft.
100 to 399 LF	One (1) sign		30 ft.
≥400 LF	Two (2) signs		40 ft.

(2)

On-premise sign design standards signs shall be designed to reflect the architectural character of the structure for which they are advertising and utilize a color scheme that complements the structure. Sign color shall not create a visual distraction to the traveling public:

Digital signs.

Only one (1) digital sign is allowed per road frontage.

The digital portion of the sign cannot exceed fifty (50) percent of the allowable sign area.

Animation and full motion video is strictly prohibited on a parcel with less than three hundred (300) feet of frontage.

The transition between messages can-not be animated unless parcel meets provisions of subsection 3 above, but may be accomplished through fading in and out or dissolving. Scrolling, animation and motion are prohibited.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

Limits on maximum brightness (permit application must include details from the manufacturer of sign indicating that the sign will automatically dim at night).

One thousand (1,000) nits at night.

Font size .

Minimum font size for signs is six (6) inches.

Sign location.

The minimum separation for all signs on a parcel shall be at least two hundred (200) linear feet.

(3)

Building signs. Building signs shall only advertise businesses occupying the premises. The sign shall be clearly integrated with the architecture of the building and shall be consistent in design and materials with the architecture of the proposed building.

ALLOWED BUILDING SIGNS PER TENANT

Type of Sign	Number of Signs Permitted per Tenant	Maximum Size Square Feet (sf)
Wall/awning/canopy	N/A	Total of all wall signs shall not exceed fifteen (15) percent of the wall area. In the case of multi-tenant building the wall area is based on the linear length of the tenant lease space.
Window	No more than eight (8) total signs or pieces of information	Limited to twenty-five (25) percent of the total glass area of the window.

(4)

Commercial subdivision signage.

Sign for the subdivision shall be a ground sign and shall not exceed twenty-five (25) square feet for every lot up to two hundred (200) square feet.

(5)

Collocated signage.

(6)

Temporary and other.

Flags are allowed as follows:

Only two (2) flags shall be permitted.

The flags shall not be flown higher than a 35-foot pole, measured from grade.

Only one flag per pole up to six (6) feet by ten (10) feet, or two (2) flags per pole up to four (4) feet by six (6) feet, may be flown.

The flag pole shall not be located within ten (10) feet of any adjacent right-of-way.

One (1) on-site temporary sign not exceeding sixteen (16) square feet displayed for up to thirty (30) days after the issuance of a certificate of zoning compliance.

One temporary sign not exceeding sixteen (16) square feet in area, and eight (8) feet high, on any property that is currently listed for sale or lease.

One (1) temporary sign, no more than thirty-two (32) square feet in area, located on the property on which there is an active building permit.

(7)

Sign illumination.

Externally illuminated signs shall meet the following standards:

Light sources shall be shielded from the view of persons viewing the sign and be further shielded and directed so that the light shines only on the sign and that illumination beyond the copy area is minimized.

No sign or lighting device shall be placed or directed to permit the beams and illumination to be directed or beamed upon a public road, highway, sidewalk or adjacent premises so as to cause a traffic hazard or nuisance.

Illuminated signs or sign lighting devices shall employ only lights emitting a light of constant intensity and no sign shall be illuminated by or contain flashing, intermittent or moving light or lights unless permitted under the allowance for full animation signs as permitted by this overlay.

(8)

Exempted signs. Signs that were legally in existence and lawfully conforming with the ordinance prior to the effective date of the ordinance from which this section was derived and which, after adoption of this section, do not conform to this division are exempted subject to the following:

Termination by redevelopment. Whenever a parcel or building undergoes new development or major modification, the exemption provided for herein shall terminate.

(9)

Maintenance. All signs shall be maintained in good condition and working order, and be free of graffiti, peeling paint, faded colors, and/or broken and damaged materials.

Figure 24: Prohibited signage examples

(10)

Prohibited signs . The following signs shall be prohibited in the corridor:

B_723.9_1.png

No sign, permanent or temporary, shall be erected or placed so that it interferes with a clear sight triangle distance design standards;

Portable signs;

A-frame;

Signs on trailer frames with or without mounted wheels;

Signs on or attached to vehicles which meet the following:

Have a total copy area in excess of ten (10) square feet;

The vehicle is used primarily for advertising in a stationary manner;

Vehicles that are used on a regular basis for transportation may have professional installed vehicle wrap; and

The vehicle must display a valid license plate.

B_723.9_2.png

(Ord. No. 86-18, § 1, 10-16-18)

Editor's note— Ord. No. 86-18, § 1, adopted Oct. 16, 2018, repealed former § 723.9 and enacted a new § 723.9 as set out herein. The former section pertained to similar subject matter.

723.10

Temporary Vending Overlay Zones.

(A)

Purpose. The Temporary Vending Overlay Zones are established to provide limits on the number of temporary vending permits that may be issued in conjunction with festivals, fairs, or special events occurring within the county. Issuance of temporary vending permits within the zones established below shall follow the standards established in this section.

(B)

Applicability. The Temporary Vending Overlay Zones (TVOZ) are defined as:

(1)

Southern Strand Temporary Vending Overlay (SSTVO). The SSTVO is defined as the area bounded on the north by South Carolina Highway 501, on the east by the Atlantic Ocean, on the south by the Horry/Georgetown County line, and the west by the Intracoastal Waterway.

(2)

Northern Strand Temporary Vending Overlay (NSTVO). The NSTVO is defined as the area bounded on the north by the North Carolina/South Carolina State line, on the east by the Atlantic Ocean, on the south by the South Carolina Highway 501, and the west by the Intracoastal Waterway.

(3)

Southern Waccamaw Temporary Vending Overlay (SWTVO). The SWTVO is defined as the area bounded on the north by the South Carolina Highway 501, on the east by the Intracoastal Waterway, on the south by the Horry/Georgetown County line, and the west by the Waccamaw River.

(4)

Northern Waccamaw Temporary Vending Overlay (NWTVO). The NWTVO is defined as the area bounded on the north by the North Carolina/South Carolina State line, on the east by the Intracoastal Waterway, on the south by the South Carolina Highway 501, and the west by the Waccamaw River.

(5)

Western Temporary Vending Overlay (WTVO) is defined as the area of Horry County west of the Waccamaw River.

(C)

Permitting Restrictions.

(1)

No more than seventy-five (75) temporary vending permits shall be issued in each of the following overlay zones for the spring or fall bike rallies or other fair, festival, or special event: SSTVO, NSTVO, SWTVO, and NWTVO. In the SSTVO, no more than twenty-five (25) of the allotted seventy-five (75) permits shall be issued for locations south of S.C. Highway 544.

(2)

No more than one hundred (100) temporary vending permits shall be issued in the WTVO for the spring or fall bike rallies or other fair, festival, or special event.

(3)

No temporary vending permits shall be issued for areas located within the South Carolina Highway 501 Overlay as defined by subsection 723.3.

(Ord. No. 168-01, § 1, 11-20-01; Ord. No. 131-08, § 1, 2-17-09)

723.11

Veteran's Highway Overlay Zone.

(A)

Purpose. The purpose of the Veteran's Highway Overlay Zone is to preserve the exceptional scenic value of the highway and maintain the serene farm field and natural vistas from the highway for all travelers to enjoy.

(B)

Application. The Veteran's Highway Overlay Zone provides supplemental sign regulations. The overlay zone extends one thousand (1,000) feet of the right-of-way line on either side of Veteran's Highway.

(C)

Applicable Supplemental Sign Regulations.

(1)

Off-premises signs. Off-premises signs are prohibited with the exception of official signs or logo signs placed by a governmental agency.

(2)

On-site signage. The following shall apply to on-site signs associated with businesses in the Veteran's Highway Overlay:

Parcels with existing businesses on-premises with four hundred (400) feet of Veteran's Highway frontage shall be permitted one (1) thirty-five-foot tall freestanding "primary" identification sign that is visible from the highway. For each additional four hundred (400) feet, or portion thereof, of highway frontage an additional freestanding identification sign, twenty-five (25) feet in height, or an eight-foot high monument-style sign shall be permitted. Additional freestanding signage shall not be visible from the highway and shall be directed toward the roadway from which the business accesses. When a parcel is located at the corner of Veteran's Highway and Highways 501, 319, 701, 905 and 90 the sign located along such frontage shall be an eight-foot monument-style sign. In no instance shall a site have more than three (3) on-site freestanding signs.

Individual parcels with existing businesses on-premises with between two hundred (200) and four hundred (400) feet of frontage along Veteran's Highway shall be permitted one (1) visible freestanding sign, twenty-five (25) feet in height and an eight-foot high monument-style sign. Either the freestanding or the monument style sign may be visible from the highway. In no instance shall both signs be visible except where the parcel is located on a corner of Veteran's Highway and Highways 501, 319, 701, 905 and 90.

Individual parcels with existing businesses on-premises with less than two hundred (200) feet of frontage-along Veteran's Highway shall be permitted one (1) twenty-five-foot freestanding sign or two (2) eight-foot high monument-style signs. When two (2) monument-style signs are utilized only one (1) shall be visible from the highway except where the parcel is located on a corner of Veteran's Highway and Highway 501, 319, 701, 905, and 90.

Freestanding and monument-style sign area (advertising area) shall be determined by the amount of parcel frontage along Veteran's Highway. For parcels with less than four hundred (400) feet of highway frontage sign area shall equal one (1) square foot for every one (1) foot of highway frontage. For parcels with greater than 400 feet of highway frontage sign area shall equal two (2) square feet for every one (1) foot of highway frontage. In no case shall total sign area on a site, excluding wall signage, exceed 750 square feet.

Freestanding and monument-style signage shall be architecturally designed to reflect the character of the structure for which they are advertising.

Animated signs or signs with flashing lights are prohibited in the corridor, except time and temperature boards, electronic message centers, and light emitting diode (LED) displays shall be allowed.

Internal illumination of freestanding signs shall be required. Monument-style signage may be externally lit provided the illumination source is shielded from Veteran's Highway. When internal illumination of freestanding signs is not possible, the Zoning Administrator may permit external illumination.

(3)

Wall signage. The following standards shall apply to wall signage associated with businesses in the Veteran's Highway Overlay.

One (1) wall sign no greater than 15 percent of the wall area shall be permitted per wall face. Except for business located at the corners of Veteran's Highway and Highways 501, 319, 701, 905, and 90, only one (1) wall sign shall be visible from Veteran's Highway. Where such business is located at the corner of Veteran's Highway and Highways 501, 319, 701, 905 and 90 wall signs may be visible from Veteran's Highway and Highway 501, 319, 701, 905 and 90.

Wall signs shall be internally lit.

Wall signs may be attached directly to the wall face or may be part of a canopy or awning provided the requirements of subsection (a), above are met.

Wall signs may include text or an industry graphic provided the requirements of (a), above are met.

Hwy 22 Overlay (1 of 3)

Hwy 22 Overlay (2 of 3)

Hwy 22 Overlay (3 of 3)

(Ord. No. 19-08, § 1, Att. A, 2-19-08)

723.12

Restaurant Row Overlay Zone.

(A)

Purpose.

(1)

(2)

When any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these overlay zone standards are less restrictive.

(3)

(4)

(B)

Applicability .

(1)

Levels of Modification

Level of Modification	Percent of value (cost of modification divided by existing improvement value, times 100)*	Applicable sections of this overlay district that must be adhered to
Very minor	1 to 9 percent	All new exterior walls must adhere to the facade and foundation landscaping requirements.
Minor	10 percent to 39 percent	Above plus all window signage must be brought into compliance.
Significant	40 percent to 74 percent	Above plus all existing exterior walls must adhere as well as complete foundation landscaping.
Major	75 percent or more	All sections of the overlay must be adhered to including signage.

^* Cost of modification shall be determined by the total permit value of all building permits over a rolling five (5) year time period.

(2)

Expenses incurred for general maintenance and repair of water; sewer and electrical where no new expansion will occur.

(3)

(4)

Any change of use that requires additional parking shall bring the entire parking lot into compliance with the parking lot standards of this overlay.

(5)

Multi-family development existing at the time of adoption of this overlay shall only adhere to the sign standards. No other sections shall apply.

(C)

Boundaries .

(1)

Corridor and overlay are used interchangeably throughout these regulations. When referenced, it shall mean the area generally extending two hundred and fifty (250) feet from the edge of the right-of-way lines of those roads listed herein.

(2)

The overlay zone shall begin along US 17 from Cove Drive and continue north to Ocean Creek Drive.

(3)

The overlay zone shall also continue along Kings Road, Chestnut Road, Lake Arrowhead Road, and Shore Drive.

(4)

Attachment 1 provides the location of the boundaries of this overlay.

(D)

(E)

Development and design requirements development of specific uses in the restaurant row overlay zone shall be consistent with the underlying zoning district. In addition to the requirements of the applicable underlying zoning district the following supplemental development regulations shall apply:

(1)

Building exterior.

Facades .

Buildings wider than one hundred (100) feet shall be designed break up the scale of the building. This can be done using differing facade treatments including changes in color, material, articulation, windows, doors, etc. Principal facades facing overlay corridor may not have blank walls that exceed fifteen (15) feet in length without windows, doors or other decorative elements. Other building facades visible from the corridor or adjacent general customer areas must be designed so that no blank facade exceeds thirty (30) in width. The spacing shall be measured from edge of window, door or other decorative element to other element.

If the building design includes cornices than they should be a minimum one (1) foot deep cornice and extend along the entire front of buildings and the sides of buildings at least ten (10) feet.

Materials . No portion of a building which is visible off the property shall be treated with smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. Materials suitable for treating visible facades include, but are not limited to, brick, glass, synthetic clapboard siding (vinyl, metal or wood), split-face decorative block, stone, hardiplank siding or cementitious siding, or stucco; brushed, stamped or polished aluminum panels.

Glazing .

Reflective or heavily tinted glass shall be limited to twenty-five (25) percent of the linear length of any facade.

Glazing located on the ground floor of the primary and/or secondary facade of commercial structures shall be forty (40) percent or less.

(2)

(3)

Accessory structures/uses.

Accessory structures shall be compatible in style, color, and materials with main structure(s).

Structures shall be limited in size to twenty-five (25) percent of the primary structure or one thousand (1,000) square feet; whichever is less.

(F)

Special design standards.

(1)

Canopy support columns shall be clad in one of the suitable finish materials listed above.

(2)

Commercial outdoor display areas, sales areas, and tents are prohibited, except in the following situations and subject to the following standards:

Where a special event is held and a permit is issued.

This subsection does not apply to auto/boat/RV/storage building sales.

(3)

Outdoor freestanding propane stations and storage facilities shall be opaquely screened from public view with landscaping or a fence meeting eighty (80) percent opacity.

(4)

Retail garden center.

A six-foot high privacy fence; or

The items are screened by placing living plant materials such that these plants serve as a semi-opaque screen for the other materials, items and equipment.

(5)

(6)

Businesses engaged in the sale and/or rental of autos, boats, or recreation-related vehicles that have frontage within the overlay shall adhere to the following:

Each business shall be permitted one display pad for merchandise sold at such establishment for every two hundred (200) feet of corridor frontage.

Automobiles and boats shall be no larger than two hundred (200) square feet.

Recreational Vehicles shall be no larger than four hundred (400) square feet.

The display pad shall be located behind the required perimeter buffer.

The display pad may be elevated a maximum of eighteen (18) inches above finished grade.

(G)

Shipping/receiving docks, utility locations and dumpsters.

(1)

(2)

Utility services shall be located underground when possible. Exceptions to the requirements of underground utilities are:

Major electric transmission lines responsible for transporting power through the area rather than to the area;

Provision of three-phase power;

(3)

Dumpsters, which may be seen from adjacent properties, rights-of-way or other general customer areas, shall be screened from view on all sides.

Dumpsters shall be placed in the side and or rear yard. In the case of a double frontage or corner lot the front shall be considered the primary corridor.

(H)

(1)

(2)

The use of shared access to serve adjacent parcels abutting the corridor is required for new lots where there is less than two hundred (200) feet of frontage on the corridor.

(3)

(4)

Cross access.

General . Any development may be designed to allow for cross-access to adjacent compatible sites. Any subdivision or subdivision of lots may require a cross access or shared driveway to be installed.

Future stubs required. A stub for future access shall be provided to all adjacent vacant land zoned for commercial or multi-family uses.

(5)

On site storage for entering and exiting vehicles shall be buffered from the parking area by curbing or other means.

(6)

(7)

An estimation based on the latest edition of "Trip Generation" by the Institute of Transportation Engineers for typical land uses;

Traffic counts made at similar traffic generators located in the area; or

Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.

(I)

Parking . To reduce the visual mass and enhance the appearance of parking areas from the corridor, the following standards shall be met:

(1)

(2)

Parking areas containing more than one hundred (100) spaces, shall provide a ten-foot landscaped island between each parking module. These divided islands may include pedestrian walkways.

(3)

Shared parking plan. The planning department can approve a shared parking plan that meets all of the following standards:

Same or more intensive use. A shared parking area shall be located on a site with the same or more intensive zone district than the required primary uses served.

The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be fifty (50) percent;

Directional signage shall be added to direct the public to the shared parking spaces.

(J)

Pedestrian walkways.

(1)

(2)

For parking uses of over five hundred (500) spaces a pedestrian network shall be provided to connect parking areas to the building areas.

In the case of office and institutional uses, a pedestrian path leading to the building entrance shall be provided within one hundred (100) feet of all parking spaces.

In case of retail or other commercial uses a pedestrian path shall be provided within one hundred fifty (150) feet of all parking spaces.

(3)

(4)

Pedestrian zones in front of commercial buildings, retail and linear multi-entrance office . A pedestrian zone including minimum five-foot sidewalks, landscape planters and amenities shall be provided adjacent to the entrances of every retail or linear multi entrance office building in scale with the size of building. The width shall be no less than ten (10) feet, which includes the required foundation landscaping area.

(K)

Lighting . A lighting plan shall be required with submittal of all commercial development plans within the overlay in order to reduce unnecessary dispersal of light and glare to surrounding lands and/or right-of-way. Emergency lighting for public safety and hazard warning, holiday decorations, residential lighting, and public streetlights are exempt from the provisions of this section.

(1)

Detailed lighting plan. The lighting plan shall show the location of all site lighting including lights mounted on buildings that are intended to illuminate spaces adjacent to the building. The lighting plan shall include specifications and details of all fixtures, and a photometric plan. The photometric plan may be waived for small or infill sites where code compliance and compatibility can be determined through other data.

(2)

Orientation and shielding. Light fixtures in excess of one hundred (100) watts or two hundred (200) lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project onto adjacent lands or right-of-way. Standard decorative street lights are exempt. No illumination in excess of one (1) footcandle across any residentially zoned lot line is allowed. The orientation of all lighting shall be downward.

(3)

Height .

Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four (4) feet in height.

(4)

Type . Each outdoor luminary shall be a recessed or a full cutoff luminary, and the use of decorative luminaries with full cutoff optics is desired.

(5)

Hue . Lighting sources shall be color neutral types such as halogen or metal halide. White LED lighting may also be used.

(6)

Floodlights and spotlights. Floodlights and spotlights shall be selected, located, aimed, and shielded so that the direct illumination is focused exclusively on a portion of the building facade or other intended site feature and away from adjoining lands or right-of-way. Such lighting shall be installed in a fixture that is shielded so that no portion of the light extends below the bottom edge or above the top edge of the shield and the main beam from the light source is not visible from adjacent lands or the adjacent right-of-way.

(7)

Prohibited lighting. The following lighting fixtures are prohibited: searchlights, laser source lights, or any similar high-intensity light. Light types of limited spectral emission such as low-pressure sodium or mercury vapor lights are prohibited. Floodlights or other type of lighting attached to light poles that illuminate the site and/or buildings are prohibited.

(8)

Canopy lighting. Lighting installed on or under canopies or drive-thru facilities are permitted an average footcandle reading of twenty (20) footcandles under any area that is illuminated. Lighting shall use diffusers and be shielded. No light source or lens in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling, unless the fixture is of a full cut-off design.

(9)

Building lighting. Wall mounted lights shall be fully shielded luminaries to prevent the light source from being visible from any adjacent residential property or public street right-of-way. Nothing in this subsection shall prevent the use of sconces or other decorative lighting fixtures with wattage equal to or less than one hundred (100) watts.

(L)

Landscaping.

(1)

Foundation landscaping.

Exemptions from this requirement may be granted when the following circumstances exist or when any of the following conditions are proposed on the site:

Building entrances and exits.

For those portions of buildings which have drive-up services along the side of the building (i.e., pharmacies, banks, fast-food, dry-cleaners, photo shops, etc.).

(2)

(3)

Perimeter landscaping.

A landscaped buffer shall be provided around all perimeters for parcels that abut the corridor. The buffer width shall be equal to that of the setback required for the underlying zoning district except that the Type C (Streetscape) width shall be ten (10) feet. In addition, Type B (Spatial) buffer widths may be reduced to five (5) feet. Landscaping within the buffer shall be provided in accordance with design standards described in Table 2: Buffer Design Guidelines.

When any commercial property being developed abuts a residential property, a Type A buffer along with a minimum of a six-foot privacy fence shall be used.

(4)

(5)

Drainage and utility encroachment into the perimeter buffer.

(6)

Alternate designs allowed. The zoning administrator or their designee may, at their discretion, approve an alternate buffer design incorporating visually appealing fencing or earthen berms. The planning and zoning department may also require landscaping to be installed in locations left empty from the parking layout, such as corner islands associated with angled parking layouts, at its discretion.

(7)

Tree preservation . The following standards apply to all properties within overlay.

TABLE 1: PERIMETER BUFFER

	Adjacent Land Use
	Residential	Commercial	Street/Access/ROW
Proposed Land Use
Residential	N/A	A	C
Commercial	A	B	C

TABLE 2: BUFFER DESIGN GUIDELINES

Buffer Type	Description	Performance Standards (per 100 feet)
		Canopy Trees	Understory Trees	Shrubs
Type A Opaque	This buffer functions as an opaque screen from the ground to a minimum height of 8 feet.	3 trees	3 trees	100% evergreen. A minimum of 28 inches in height shall meet the spacing requirements as shown in Horry County Landscape Manual.
		Or A double row offset evergreen trees spaced every 10 feet on center minimum and minimum 8 feet tall.
		100% of the vegetation required shall be evergreen species, no more than 25% may be pine species. Trees shall be of a variety that offers screening from base to top (i.e., Leyland cypress or nelli stevens holly).
Type B Spatial	This buffer provides a sense of separation between properties without screening the view.	2	2	28
		At least 50% of the required trees and shrubs shall be evergreen species.
Type C Streetscape	This buffer is intended to soften the transition from the street side to the remainder of the property as well as provide a sense of separation between the street and property use.	3 trees	3 trees	28. If parking is located adjacent to the street, then the shrubs must be 100% evergreen.
		At least 25% of the required trees shall be evergreen species. Streetscape trees should be chosen from "Streetside and Walkways" group in the Horry County Landscape Manual.
		At least one-third of the understory trees and shrubs shall be flowering.

(M)

Sign regulations.

(1)

On-premise freestanding signs.

All signs for properties with less than or equal to fifty (50) linear feet of frontage must be constructed as a ground style sign.

Parcels with multiple road frontage:

"Freestanding Sign Table" applies to each road frontage separately.

FREESTANDING SIGN TABLE

Measure	Number of Freestanding Signs	Maximum Sign Area (sf)	Maximum Height (ft.)
(Linear feet of frontage) - LF	Number of Freestanding Signs	Maximum Sign Area (sf)	Maximum Height (ft.)
≤50 LF	One (1) sign	50 sf	12 ft.
51 to 99 LF	One (1) sign	One (1) sf per one (1) lf of frontage up to a maximum of 500 sf	20 ft.
100 to 399 LF	One (1) sign		30 ft.
≥400 LF	Two (2) signs		40 ft.

(2)

Digital signs.

Only one (1) digital sign is allowed per road frontage.

The digital portion of the sign cannot exceed fifty (50) percent of the allowable sign area.

Animation and full motion video is strictly prohibited on a parcel with less than three hundred (300) feet of frontage.

The transition between messages can-not be animated unless parcel meets provisions of #3 above, but may be accomplished through fading in and out or dissolving. Scrolling, animation and motion are prohibited.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

Limits on maximum brightness (permit application must include details from the manufacturer of sign indicating that the sign will automatically dim at night).

One thousand (1,000) nits at night.

Font size.

Minimum font size for signs is six (6) inches.

Sign location.

The minimum separation for all signs on a parcel shall be at least two hundred (200) linear feet.

(3)

ALLOWED BUILDING SIGNS PER TENANT

Type of Sign	Number of Signs Permitted per Tenant	Maximum Size Square Feet (sf)
Wall/awning/canopy	N/A	Total of all wall signs shall not exceed fifteen (15) percent of the wall area. In the case of multi-tenant building the wall area is based on the linear length of the tenant lease space.
Window	No more than eight (8) total signs or pieces of information	Limited to twenty-five (25) percent of the total glass area of the window.

(4)

Commercial subdivision signage.

Sign for the subdivision shall be a ground sign and shall not exceed twenty-five (25) square feet for every lot up to two hundred (200) square feet.

(5)

Collocated signage.

(6)

Temporary and other.

Flags are allowed as follows:

Only two (2) flags shall be permitted.

The flags shall not be flown higher than a 35-foot pole, measured from grade.

Only one flag per pole up to six (6) feet by ten (10) feet, or two (2) flags per pole up to four (4) feet by six (6) feet, may be flown.

The flag pole shall not be located within ten (10) feet of any adjacent right-of-way.

One (1) on-site temporary sign not exceeding (16) square feet displayed for up to (30) days after the issuance of a Certificate of Zoning Compliance.

One Temporary sign not exceeding (16) square feet in area, and eight (8) feet high, on any property that is currently listed for sale or lease.

One (1) temporary sign, no more than thirty-two (32) square feet in area, located on the property on which there is an active building permit.

(7)

Sign illumination.

Externally illuminated signs shall meet the following standards:

(8)

Termination by redevelopment. Whenever a parcel or building undergoes new development or major modification, the exemption provided for herein shall terminate.

Maintenance of exempted signs . No exempted sign shall be expanded, moved, modified or altered in any manner that would increase the degree of its nonconformity. Ordinary maintenance of the exempted sign shall be continued in order to ensure such signs are maintained in a structurally sound condition, with a neat appearance and in a generally good state of repair.

(9)

Maintenance . All signs shall be maintained in good condition and working order, and be free of graffiti, peeling paint, faded colors, and/or broken and damaged materials.

Figure 24: Prohibited signage examples

(10)

Prohibited signs . The following signs shall be prohibited in the corridor:

B_723.12.png

No sign, permanent or temporary, shall be erected or placed so that it interferes with a clear sight triangle distance design standards;

Portable signs;

A-frame;

Signs on trailer frames with or without mounted wheels;

Signs on or attached to vehicles which meet the following:

Have a total copy area in excess of ten (10) square feet;

The vehicle is used primarily for advertising in a stationary manner;

Vehicles that are used on a regular basis for transportation may have professional installed vehicle wrap; and

The vehicle must display a valid license plate.

(Ord. No. 25-09, § 1, 5-5-09; Ord. No. 70-14, § 1, 9-16-14; Ord. No. 29-16, § 1, 6-7-16)

Attachment 1

723.13

Coastal Carolina University Neighborhood Overlay Zone.

Purpose.

The overlay zone is established to provide standards relative to neighborhood appearance and safety in the residential areas surrounding and adjacent to Coastal Carolina University. Furthermore, the overlay is established to provide occupancy limits relative to the residential areas surrounding and adjacent to Coastal Carolina University in order to promote a sense of place in an orderly neighborhood context. The purpose and intent of the governing authority of the county in enacting this section is as follows:

To protect the health, safety and general welfare of the citizens of the county through the enactment of a set of regulations governing property maintenance in the Coastal Carolina University Neighborhood Overlay Zone.

To preserve the value of property and maintain for the county's residents, workers and visitors a safe and aesthetically attractive environment.

When any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these overlay zone standards are less restrictive.

The following standards provide the minimum requirement that must be met in order to receive Planning Department/Commission authorization to develop, redevelop or occupy residential property within the overlay zone as established by the zoning ordinance.

The standards established herein address only neighborhood occupancy, appearance and safety concerns. Specific zoning-related standards are established in the zoning ordinance and must also be met prior to beginning development or redevelopment activities in the overlay zone.

Applicability.

The boundaries of the overlay zone are established herein. The standards that follow shall be applicable to any residential building with an issued certificate of occupancy, and any residential building substantially modified and/or newly constructed that is located partially or completely as established in the boundaries subsection of this section. Construction or renovation that is interior to the structure is exempt from these regulations.

Any parcel completely contained in the overlay shall comply with these regulations.

Boundaries.

Coastal Carolina University Neighborhood Overlay Zone.

Corridor and overlay are used interchangeably throughout these regulations. When referenced, it shall mean those residential properties within the following subdivisions of record: Quail Creek, Quail Creek Village, College Park, College Place and Barberry Drive. A complete list of associated TMS is available by request in the Planning and Zoning Department.

Map 1 provides the location of the boundaries of this overlay.

Definitions.

"Owner" is defined as any person, firm, corporation or entity who, alone or jointly or severally with others:

Has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

Has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, prime tenant, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article to the same extent as the owner.

Occupancy of Dwelling Units.

Occupancy. The number of individuals unrelated by blood, marriage, adoption, guardianship or other duly authorized custodial relationship residing in a dwelling unit within this overlay shall not exceed the number of bedrooms in the dwelling, as determined by county records, but shall not exceed four (4), irrespective of the number of bedrooms. The owner, agent and tenants shall be subject to the penalties established in article XIII of the Horry County Zoning Ordinance for a violation of this occupancy limit.

Parking Requirements.

A violation of any of the parking requirements herein detailed shall be considered unlawful and the owner, agent and tenant shall be subject to the penalties described in article XIII of the Horry County Zoning Ordinance. Between the hours of 11:00 p.m. and 8:00 a.m. every day:

No vehicle shall be parked within the right-of-way within the boundaries of the overlay as defined herein.

Vehicles shall be parked in an off-street facility, including private garages, drives and aisles for maneuvering and gaining ingress and egress, of a residence within the boundary of the overlay.

Landscaped, unimproved and naturally vegetated areas shall not be used as parking facilities.

Areas of drainage and open space, as specified on the recorded subdivision plat, shall not be improved or used for parking facilities unless documented as such on the original plat of record.

Effective Date.

This overlay shall become effective upon approval from Horry County Council.

The occupancy restrictions herein contained shall not be applicable for any documented unexpired leases existing as of the date of effectiveness. Said leasehold properties shall be allowed to continue their contractual period, not to exceed December 31, 2009. Beginning January 1, 2010, all properties included in this overlay as defined herein, shall be subject to all provisions herein, regardless of contractual obligations.

(Ord. No. 52-09, § 1, 7-14-09)

723.14

S. Kings Hwy Overlay Zone.

(A)

Purpose .

(1)

The Overlay Zone is established to provide standards relative to accessibility, appearance and safety in the development of commercial, industrial, multi-family residential and office projects. Therefore, single-family lots of record are excluded from the overlay requirements. Furthermore, the overlay is established to provide unified development that promotes a sense of place and provides opportunities to develop projects to be compatible with the carrying capacity of an urban corridor.

(2)

When any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these Overlay Zone standards are less restrictive.

(3)

The following standards provide the minimum requirement that must be met in order to receive Planning Department/Commission authorization to develop or redevelop property within the Overlay Zone as established by the Zoning Ordinance.

(4)

The standards established herein address only site plan or design-related issues encountered in the development or redevelopment of property within the Overlay Zone. Specific zoning-related standards are established in the Zoning Ordinance and must also be met prior to beginning development or redevelopment activities in the Overlay Zone.

(B)

Applicability .

(1)

The boundaries of the Overlay Zone are established herein. The standards that follow shall be applicable to any development as established in the table below which is located partially or completely within the boundaries established within the boundaries section of this ordinance.

Levels of Modification

Level of Modification	Percent of value (cost of modification divided by existing bldg value, times 100)	Applicable sections of this overlay district that must be adhered to
Very Minor	Zero to 9 percent	All new exterior walls must adhere to foundation landscaping requirements
Minor	10 percent to 39 percent	Above plus signage
Significant	40 percent to 74 percent	Above plus all existing exterior walls must adhere as well as complete foundation landscaping
Major	75 percent or more	All sections of the overlay must be adhered to

(2)

(3)

Any building that is partially located within the boundaries, shall comply with these regulations. If an existing business is damaged or destroyed due to an act of nature (flood, hurricane, tornado, etc.), or catastrophic event and the building permit is acquired within twelve (12) months and is reconstructed within twenty-four (24) months of the date such damage or destruction occurred as evidenced by insurance claim or other documentation, the standards contained herein shall not apply. This exemption, however, shall not relieve the property owner of having to meet applicable building or zoning regulations that may be in place at the time of reconstruction.

(4)

Any change of use that requires additional parking shall bring the entire parking lot into compliance with the parking lot standards of this overlay. Properties with access connections that do not meet the requirements of the Overlay District shall be brought into compliance when modifications to the roadway are made or when there is a significant change in use of the property, including land, structures or facilities, resulting in an increase in the trip generation of the property exceeding twenty-five (25) percent (either peak hour or daily) and exceeding one hundred (100) vehicles per day.

(C)

Boundaries .

(1)

Corridor and overlay are used interchangeably throughout these regulations. When referenced, it shall mean the area generally two hundred and fifty (250) feet to the east and west of the right-of-way lines between the established beginning and ending points specified in this section of the Zoning Ordinance.

(2)

The Overlay zone shall follow along S. Kings Highway from the City of Myrtle Beach municipal limits south to the Town of Surfside municipal limits. Attachment 1 provides the location of the boundaries of this overlay.

(D)

Development and design requirements. Development of specific uses in the S. Kings Hwy Overlay Zone shall be consistent with the underlying zoning district. In addition to the requirements of the applicable underlying zoning district the following supplemental development regulations shall apply:

(1)

Building exterior.

Facades.

Building facades facing the corridor must include a repeating pattern with no less than three (3) of the elements listed below. At least one (1) of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than thirty (30) feet, either horizontally or vertically.

(a)

Color change.

(b)

Texture change.

(c)

Material module change.

No length of any front facade facing the corridor shall exceed thirty (30) linear feet without including at least one (1) of the following: pilasters, columns, offsets, reveals, projecting ribs canopies/porticos, colonnades, windows, trellis with vines, or an equivalent element that subdivides the wall into human scale proportions.

Shutters, if used, shall be sized so that they would fully cover the window opening if they were operable. Operable shutters are preferred, but not required.

Where parapets are not used, all rooftop mechanical equipment shall be screened. False parapets shall be limited to twenty (20) percent of the total height of the facade. The measurement shall be the average height of the parapet wall at each section of the facade as a ratio to width.

Where sloping roofs are used on the front or sides of a building facing the corridor the cornices shall be a minimum of one (1) foot deep.

Materials.

No portion of a building shall be treated with unadorned or plain concrete block, tilt-up concrete panels or prefabricated steel panels, unless the visible finish is comprised of a suitable finish material. Materials suitable for treating visible facades may include, but are not limited to brick, glass, synthetic clapboard siding (vinyl, metal or wood), split-face or ground-face decorative block, stone, hardiplank siding or cementitious siding, or stucco;

Entrances. A minimum one (1) entrance shall front the primary corridor. A commercial or institutional building shall feature one (1) or more prominent entries on the primary facade highlighted by at least three (3) of the details listed below. Secondary entrances to smaller tenants in multi tenant buildings shall also have at least two (2) of the features listed below.

Canopies/porticos above the entrance;

Roof overhangs above the entrance;

Entry recesses/projections;

Arcades that are physically integrated with the entrance;

Raised corniced parapets above the entrance;

Architectural details, such as tile work and moldings, that are integrated into the building structure and design; or

Integral planters or wing walls that incorporate landscaped areas or seating areas. A wing wall is a wall secondary in scale projecting from a primary wall and not having a roof.

Glazing.

Reflective or heavily tinted glass shall not be used on the primary or secondary facade.

(2)

Building roof.

Shingles, metal standing seam, tile or other roofing materials with similar appropriate texture and of earthen appearance shall be utilized on roofs visible from the corridor.

Flat roofs are allowed however they must be surrounded by parapet walls which enclose and screen all rooftop mounted mechanical equipment.

(3)

Accessory structures/uses.

Accessory structures such as garbage dumpster enclosures shall be the same in style, color, and materials with the principal building structure(s).

The requirements of the underlying zoning district shall govern the distance separation requirements from the principal structure and other accessory structures.

Accessory structures shall be limited in size to twenty-five (25) percent of the primary structure or one thousand (1,000) square feet; whichever is less.

(E)

Special design standards.

(1)

Gas stations and commercial convenience stores shall utilize either sloping roof (gable or hip roof design) or parapet walls which properly screen any rooftop mounted mechanical equipment. The canopies over the gas pumps are encouraged to be attached to the main building and integrated into the architectural roof design. The canopy portion of the structure shall be subject to a twenty-five-foot setback from any property line. The canopy shall not encroach upon any required buffer area. The principal structure/building shall still be subject to all setback requirements as set forth within the zoning ordinance. If the canopy is placed forward of the primary building structure, then the support columns of the canopy shall be clad in brick, brick veneer, decorative split-face block or stucco covered block.

(2)

Chain link security fence enclosures may only be utilized within industrial areas if there is no reasonable alternative and only when screened by landscape material to create a six-foot tall opaque screen. If permitted, chain link fences, including posts and rails, shall be black, brown or green and vinyl coated.

(3)

Outdoor freestanding propane stations and storage facilities shall be opaquely screened from public view with landscaping or a solid fence of wood, stone or brick material. Fences exceeding six (6) feet in height shall have landscape plantings on any side facing the main corridor or residentially zoned property. Materials stored outdoors, excluding vehicles, trailers, or mobile machinery or equipment shall be stacked no higher than one (1) foot below the top of required screening device.

(4)

Retail garden center.

The outdoor storage and display of living plant material (i.e., garden center) and its associated materials may use a combination wrought iron and masonry screen.

Any merchandise typically associated with a retail garden center such as mulch, lawn equipment, propane items, barbeque grills, paving stones, landscaping timbers, bird baths, garden chemicals, etc. may be stored within this area provided that these items are not prominently displayed or featured from the public right of-way through the wrought iron portion of the screen. This may be accomplished by placing living plant materials such that these plants serve as a semi-opaque screen for the non-living plant material.

(5)

Ancillary outdoor storage. The following are requirements for ancillary outdoor storage in non-residential districts located within the Overlay. All uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (overnight parking) shall not be permitted unless in conformance with the following regulations:

Outdoor storage shall be screened from the corridor by a six-foot high opaque enclosure or equal to the height of the stored material. No portion of the screening device shall be used for advertising and display of signage. Fencing shall consist of wood, stone, or brick materials. Chain link, plastic or concrete materials are prohibited. Materials stored outdoors, excluding vehicles, trailers, or mobile machinery or equipment shall be stacked no higher than one (1) foot below the top of required screening device.

Outdoor storage shall observe the same setback requirements as that of the principal building.

Outdoor storage areas cannot be located forward of the principal building and when possible shall be located to the side of the building not facing a public street.

The following activities are excluded from the requirements:

General construction activities.

Operations with primary outside storage.

(6)

Structures (not parcels) exceeding twenty-five thousand (25,000) square feet of building must be separated from lands designated, zoned or used for a residential purpose by at least fifty (50) feet.

(7)

Businesses engaged in the sale and/or rental of autos, boats, mobile homes, or recreation-related vehicles that have frontage within the overlay shall adhere to the following: Each business shall be permitted one (1) display pad for merchandise sold at such establishment. The display pad shall be permitted as follows:

Automobiles and boats shall be no larger that two hundred (200) square feet.

Recreational vehicles shall be no larger that four hundred (400) square feet.

An additional display pad of the same size shall be permitted for each two hundred (200) feet of corridor frontage.

The display pad shall be located behind the required perimeter buffer.

The display pad may be elevated a maximum of eighteen (18) inches above finished grade.

(8)

Businesses engaged in salvage operations, repair of automobiles or storage of possessions in individually enclosed units/garages that have frontage along the Corridor shall adhere to the following:

Storage areas for salvaged materials or vehicles waiting for repair shall be screened from the corridor by a six-foot high opaque enclosure or equal to the height of the stored material not to be higher than twenty (20) feet located to the rear of the primary structure on the site. Fencing shall consist of wood, stone, or brick materials. Chain link, plastic or concrete materials are prohibited unless screened.

An eight-foot wide landscaped buffer shall be provided around the base of the enclosure to "soften" its appearance. Landscaping utilized shall be consistent with the foundation landscaping requirements of the principle structure as defined herein.

A minimum six-foot solid or opaque fence shall be required around any storage of recreational vehicles and mini-storage units.

(F)

Shipping/receiving areas, utility locations and dumpsters.

(1)

Shipping/receiving areas.

Proposed structures, requiring shipping docks for the receipt or shipping of merchandise shall locate such docks in the rear of the structure or within a service courtyard shared by different businesses. Shared courtyards may be accessed from the front of the structure provided the entrance to such area is designed to blend into the architectural style of the structure and no docks are visible from the corridor or adjacent parking areas. If no courtyard is present then landscaping or a solid screen made of durable architectural materials used in the buildings primary facade shall be provided to ultimately create an opaque screen at least eight (8) feet in height. The screening shall be designed to obscure views from on and offsite public areas, except for necessary penetrations.

Loading and unloading of commercial vehicles or of any other vehicles used for commercial purposes is only permitted between the hours of 6:00 a.m. and 11:00 p.m. when a residential structure is within one hundred (100) feet of the loading area.

(2)

Utility services shall be located underground when possible. Exceptions may be made when the Zoning Administrator determines that public safety is at risk if underground utilities are employed.

(3)

Elements such as HVAC units, telephone boxes, or electrical transformers shall be placed as close to the building as feasible.

(4)

Dumpsters shall be placed in the rear yard. In the case of a double frontage lot the front shall be considered the primary corridor.

Screening walls made of the principal building materials shall enclose all dumpsters and shall consist of three (3) solid walls of brick, stucco or split-face block construction, at least six (6) feet in height. The dumpster gate shall be solid metal or wood fabrication.

An opaque wooden fence may be used in lieu of architectural materials for locations not visible from off-site public areas.

(G)

(1)

(2)

Number of driveways per parcel .

At the time of plan submission and approval, if two (2) or more parcels in existence prior to the adoption of this ordinance are placed under one (1) ownership, control and/or maintenance, such assembly shall be permitted one (1) direct access to the arterial, unless an access plan is submitted to, and approved by, the county for more than one (1) access.

Direct access to arterial roads shall be provided by one (1) or more of the following means for lots or parcels not permitted direct access to the arterial:

Access to the site may be provided by an existing or planned public street; and/or

Access to the site may be provided by a service drive and/or shared access, which provides controlled access to the site.

Parcels located at an intersection of the corridor and another improved public roadway shall obtain access from the adjacent public roadway. Direct access to the corridor may be permitted when the parcel has two hundred (200) or more feet of corridor frontage, the access is no closer than three hundred twenty-five (325) feet to another access, and the access is approved by SCDOT. The use of Shared Access to serve adjacent parcels abutting the Corridor is required for new lots where there is less than two hundred (200) feet of frontage on the Corridor or less than three hundred twenty-five (325) feet to another access.

Shared or joint access. Use of shared or joint access between two (2) or more properties is encouraged even for parcels that may meet the spacing and frontage requirement. Where a parcel uses such access the parking requirements for those adjacent uses may be reduced up to ten (10) percent for each business. To receive this reduction the property owner(s) shall file a written agreement at the Registry of Deeds. The parties may revoke the agreement only if parking is provided in accordance with this Zoning Ordinance, and the Planning Commission, or its designee approves a revised plan.

When applicable, access to a parcel shall be aligned directly with existing median crossovers.

Accesses that do not align directly shall be located a minimum of one hundred (100) feet (edge to edge) from the nearest crossover.

One (1) additional access along a continuous site frontage may be allowed if there is a demonstrated need based on trip generation and road traffic data.

One (1) pair of one-way driveways may be used per two hundred fifty (250) feet of frontage. Only one (1) pair of one-way drives may be used per street frontage.

(3)

Cross access required.

General. All commercial development and multi-family development shall be designed to allow for cross-access to adjacent compatible sites in accordance with the following standards. When subdividing property for commercial or multi-family development cross-access must be provided.

Future stubs required. A stub for future access shall be provided to all adjacent vacant land zoned for commercial or multi-family uses.

Proper placement. To the maximum extent practicable a minimum distance of one hundred (100) feet shall be required between a cross access way and an intersection or driveway entrance.

Minimum width. Cross access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of twenty-two (22) feet of one-way aisles each with a minimum width of eleven (11) feet.

Waiver. The cross access standard shall be waived by the Planning Department if the applicant demonstrates it is impracticable to provide access due to;

Topography and natural features.

Size and configuration of the site.

Vehicular safety factors.

Existing development patterns on adjacent developed sites that make cross access impossible.

When cross access is waived in accordance with this section, bicycle and pedestrian connections shall be provided between adjacent developments to the maximum extent possible.

(4)

Nonconforming driveways.

Driveways that do not conform to the regulations in this Ordinance and constructed before the adoption of this Ordinance shall be considered legal nonconforming driveways. Existing driveways granted a temporary permit are legal nonconforming driveways until such time as the temporary permit expires.

Legal nonconforming driveways may remain in use until such time as the use of the driveway or property is changed or expanded. If it is changed then it must follow. (See subsection (7), Change of Use, below.)

Nothing in this Ordinance shall prohibit the repair, improvement, or modification of lawful nonconforming driveways.

(5)

Driveway location and design.

Driveways across from median openings shall be consolidated wherever feasible to coordinate access at the median opening.

Driveways with more than one (1) entry and one (1) exit lane shall incorporate above grade channelization features to separate the entry and exit sides of the driveway. Where above grade channelization impairs truck off tracking, said mechanism shall be setback from the right-of-way so as not to impede the necessary turning radius for safe truck off tracking. Driveway medians shall be improved with at least one (1), two and one-half-inch caliper canopy tree to reduce parking lot heat and glare for every fifty (50) feet of median length. Five (5) shrubs must be provided per tree. Two (2) understory trees may be substituted for each required canopy tree in areas constrained by overhead utility line or in limited cases at the discretion of the Planning Department to provide visibility to signage and or architectural features. The remaining area of the driveway median shall be planted with vegetation that complements the structure or a suitable groundcover. All landscaping shall be located so as to not impede any required sight triangles. Acceptable plant species, maintenance standards, and sizes to meet the above requirements are listed below.

Driveways shall be designed with adequate on-site storage for entering and exiting vehicles to reduce unsafe conflicts with through traffic or on-site traffic and to avoid congestion at the entrance.

On site storage for entering and exiting vehicles shall be buffered from the parking area. Said buffer shall consist of an above grade landscaping strip no less than three (3) feet in width and vegetated with at least one (1) two and one-half-inch caliper canopy trees to reduce parking lot heat and glare for every twenty-five (25) feet of median length. Five (5) shrubs shall be provided per tree. Two (2) understory trees may be substituted for each required canopy tree in areas constrained by overhead utility lines or in limited cases at the discretion of the Planning Department to provide visibility to signage and or architectural features. The remaining area of the buffer shall be planted with vegetation that complements the structure or a suitable groundcover. Acceptable plant species, maintenance standards, and sizes to meet the above requirements are listed in Horry County Landscaping Species Booklet.

(6)

Transit accommodations shall be provided for developments containing structures totaling eighty thousand (80,000) gross square feet or greater. This can be waived by the Zoning Administrator if adequate sites already exist within the area.

(7)

Change in use.

Properties with access connections that do not meet the requirements of the Overlay District shall be brought into compliance when modifications to the roadway are made or when there is a significant change in use of the property, including land, structures or facilities, resulting in an increase in the trip generation of the property exceeding twenty-five (25) percent (either peak hour or daily) and exceeding one hundred (100) vehicles per day, as determined by one (1) of the following methods:

An estimation based on the latest edition of "Trip Generation" by the Institute of Transportation Engineers for typical land uses;

Traffic counts made at similar traffic generators located in the area; or

Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.

If the principal activity on a parcel with access connections that do not meet the regulations herein is discontinued or out of service for a period of one (1) year or more, then that parcel must comply with all applicable access requirements of this overlay district.

(8)

Parking lot access. Parking lots that directly access the corridor or a frontage roadway shall:

Be designed to ensure that entering vehicles maintain a travel speed of fifteen (15) miles per hour (mph) to assist in reducing interference with through street traffic movements.

Setback required landscaping or optional berming to ensure that a sight triangle, conforming to SCDOT standards, exists.

(H)

Parking . To reduce the visual mass and enhance the appearance of parking areas from the corridor, the following standards shall be met:

(1)

(2)

Parking areas shall be designed so that no one parking module contains more than one hundred twenty-five (125) spaces. Parking within modules shall be designed such that a nine-foot by eighteen-foot island is provided every ten (10) continuous parking spaces in a row, for a maximum of twenty (20) spaces per bay between islands. At the end of each parking bay within a module a nine-foot by thirty-eight-foot planted island will be provided. Parking islands shall be surrounded by curbing to prevent vehicular intrusion and limit vehicle overhand.

(3)

Parking islands shall be improved with at least one (1) two and one-half-inch caliper canopy tree to reduce parking lot heat and glare. Five (5) shrubs must be provided per tree. Two (2) understory trees may be substituted for each required canopy tree in areas constrained by overhead utility line or in limited cases at the discretion of the Planning Department to provide visibility to signage and or architectural features. The remaining area of the parking island shall be planted with vegetation that complements the structure or a suitable groundcover. Acceptable plant species, maintenance standards, and sizes to meet the above requirements are listed in Horry County Landscaping Species Booklet.

(4)

(5)

Parking plan.

Maximum parking spaces allowed. The maximum allowed number of parking spaces is one hundred ten (110) percent of the required number of off-street parking spaces by land use per the current county off street parking regulations. The Planning Department can approve an alternative-parking plan that exceeds the maximum number of allowed spaces and the alternative parking plan shall comply with the following requirements:

Parking demand statement. Requests for exceeding the number of required off street parking spaces shall be accompanied by a statement indicating why additional spaces are needed. The statement shall be accompanied by supporting documentation.

All parking spaces provided in excess of one hundred ten (110) percent of the required parking spaces shall consist of alternative pervious paving materials unless this creates a requirement where the number of pervious spaces is five (5) or less. In such cases all parking may be impervious.

The pervious paving materials can include but are not limited to brick pavers, grass pavers, porous asphalt and porous concrete.

If the applicant does not wish to provide pervious paving materials for those additional numbers of spaces in excess of the maximum number allowed as required above, they may submit an alternative plan or method that meets the then current county, state and federal water quality requirements.

Shared parking. Requests for shared parking shall comply with all of the following standards.

Same or more intensive use. A shared parking area shall be located on a site with the same or more intensive zone district than the required primary uses served.

The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be fifty (50) percent.

Directional signage shall be added to direct the public to the shared parking spaces.

A shared parking agreement shall only be revoked if all required off street parking spaces are provided on site.

(I)

Pedestrian walkways.

(1)

Pedestrian pathways shall connect building entrances, site amenities and connections to the public sidewalk system, including through landscaped areas in parking lots when necessary to provide a reasonable direct path for entrance/exit. If no public sidewalk system exists adjacent to the property then the pedestrian access shall be constructed up to the right-of-way.

(2)

For parking uses of over five hundred (500) spaces a pedestrian network shall be provided to connect parking areas to the building areas. In the case of office and institutional uses, a pedestrian path leading to the building entrance shall be provided within one hundred eighty (180) feet of all parking spaces. In case of retail or other commercial uses a pedestrian path shall be provided within one hundred eighty (180) feet of all parking spaces.

(3)

Internal pedestrian access shall be provided to connect off-street surface parking areas with primary building entrances and the public sidewalk system.

(4)

Pedestrian pathways shall be constructed with asphalt, cement or other comparable material.

(5)

At least one internal pedestrian walkway with a minimum width of five (5) feet shall be provided from the primary building entrance to the public sidewalk system. In the case of the corner lots, a connection shall be made to the sidewalk of both streets.

(6)

The pathways shall be of contrasting color or materials when crossing drive aisles (painted or striped crosswalks do not satisfy this requirement). Speed table or textured surfaces creating a rumble effect shall be required at high volume crossings.

(7)

All internal pedestrian walkways shall be distinguished from driving surface materials through the use of durable, low maintenance surface materials such as pavers, bricks, or scored/stamped concrete/asphalt to enhance pedestrian safety, as well as the attractiveness of the walkways.

(8)

Pedestrian zones in front of commercial buildings, retail and linear multi-entrance office. A pedestrian zone including sidewalks, landscape planters and amenities such as benches, special paving areas or insets, trash receptacles, fountains or public art shall be provided adjacent to the entrances of every retail or linear multi entrance office building in scale with the size of building. The width shall be no less than ten (10) feet.

(J)

Lighting . A lighting plan shall be required with submittal of all commercial development plans within the overlay in order to reduce unnecessary dispersal of light and glare to surrounding lands and/or right-of-way. Emergency lighting for public safety and hazard warning, holiday decorations, residential lighting, and pubic streetlights are exempt from the provisions of this ordinance.

(1)

Detailed lighting plan. The lighting plan shall show the location of all site lighting including lights mounted on buildings that are intended to illuminate spaces adjacent to the building. The lighting plan shall include specifications and details of all fixtures, and a photometric plan. The photometric plan may be waived for small or infill sites where code compliance and compatibility can be determined through other data.

(2)

Orientation and shielding. Light fixtures in excess of one hundred (100) watts or two hundred (200) lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project onto adjacent lands or right-of-way. Standard decorative street lights are exempt. No illumination across any residentially zoned lot line is allowed. The orientation of all lighting shall be downward.

(3)

Height .

Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four (4) feet in height.

(4)

Type . Each outdoor luminary shall be a recessed or a full cutoff luminary, and the use of decorative luminaries with full cutoff optics is desired.

(5)

Location . All exterior lighting fixtures shall be located a minimum of five (5) feet from a property line or right-of-way line and shall not be located within a required buffer area unless they are located at the interior edge.

(6)

Hue . Lighting sources shall be color neutral types such as led, halogen or metal halide. Light types of limited spectral emission such as low-pressure sodium or mercury vapor lights are prohibited.

(7)

Floodlights and spotlights. Floodlights and spotlights shall be selected, located, aimed, and shielded so that the direct illumination is focused exclusively on a portion of the building facade or other intended site feature and away from adjoining lands or right-of-way. Such lighting shall be installed in a fixture that is shielded so that no portion of the light extends below the bottom edge or above the top edge of the shield and the main beam from the light source is not visible from adjacent lands or the adjacent right-of-way. Floodlights or other type of lighting attached to light poles that illuminate the site and/or buildings are prohibited.

(8)

Prohibited lighting. The following lighting fixtures are prohibited: searchlights, laser source lights, or any similar high-intensity light, except in emergencies by police and fire personnel.

(9)

(10)

Building lighting .

Wall-mounted lights. Wall-mounted lights shall be fully shielded luminaries to prevent the light source from being visible from any adjacent residential property or public street right-of-way. Nothing in this subsection shall prevent the use of sconces or other decorative lighting fixtures with wattage equal to or less than one hundred fifty (150) watts.

(K)

Landscaping .

(1)

A minimum five-foot foundation landscape strip shall be required along the facade and exposed sides of all buildings within a development. The landscaping shall be composed of mixtures of planting materials. If the building is taller than twenty-five (25) feet, the foundation landscaping shall incorporate trees.

(2)

Exemptions from this requirement may be granted when the following circumstances exist or when any of the following conditions are proposed on the site:

Building entrances and exits.

For those portions of buildings which have drive up services along the side of the building (i.e., pharmacies, banks, fast-food, dry-cleaners, photo shops, etc.).

(3)

Perimeter landscaping.

A landscaped buffer shall be provided around all perimeters for parcels that abut the corridor. The buffer width shall be equal to that of the setback required for the underlying zoning district except that the Type D (Streetscape) width shall be ten (10) feet. In addition, Type C (Spatial) buffer widths may be reduced to five (5) feet. Landscaping within the buffer shall be provided in accordance with design standards described in Table 3: Buffer Design Guidelines and is dependent on the type of commercial or residential use on the property. These buffer provisions affect no setback dimensions.

(4)

Irrigation . All required planting areas shall be mechanically irrigated. Bubbler or drip irrigation systems are encouraged in order to reduce water consumption and overspray onto pedestrian and vehicle use area. This shall include all tree islands, medians and all areas of required frontage landscaping between the parking lot and public streets. Required planting areas associated with parking lots containing less than thirty (30) parking spaces are not required to be irrigated. However, an exterior water source (such as a hose bib) shall be located within one hundred (100) feet of all required planting areas. If the project area is required to be irrigated, the following statement on the Site and Landscaping Plan must be provided "All planting areas shall be mechanically irrigated." and/or, an irrigation plan must be provided.

(5)

Maintenance . Maintenance shall consist of mowing, removal of litter and dead plant materials, necessary pruning, and maintenance of screens in conformance with the surrounding area. Natural watercourses within a buffer shall be maintained as free flowing and free of debris. Stream channels shall be maintained to improve floodplain areas. It shall be unlawful to deviate from approved landscape plan unless otherwise permitted by the Zoning Administrator or designee.

(6)

Have side slopes no greater than 3:1. Any alternative designs shall be noted on all plans;

Be vegetated with the plant materials that are suitable to high well drained soils;

Plants used for landscaping shall be indigenous to the local climate and properly maintained in a healthy, controlled manner by the property owner;

Non-vegetated areas on the berm shall be covered with a groundcover, mulch, or grass suitable to stabilize the side slopes of the berm (used when modifying parking lot location); and

Breaks in the berm may be allowed every six (6) to eight (8) feet or as needed for drainage.

(7)

Drainage and utility encroachment into the perimeter buffer .

Stormwater facilities and conveyances encroaching into the perimeter buffer. New stormwater facilities including conveyances shall not be located on the exterior of any required landscape buffer. If an existing conveyance or stormwater facility exists along the property line or in the area which would normally constitute the buffer location, then the buffer width must be met internal to said facility or conveyance. Any encroachment into the buffer area may not encroach more than ten (10) percent into the total required width of the buffer. An encroachment includes any required easement width necessary to access and/or maintain the facility or conveyance to meet the requirements of Horry County Stormwater Ordinance.

Utility encroachment into the perimeter landscaping—Water, gas and electric utilities shall not encroach into the landscaped areas of the perimeter buffer, but may encroach into the streetscape buffer.

(8)

Alternate designs allowed. The Zoning Administrator may, at their discretion, approve an alternate buffer design incorporating visually appealing fencing or earthen berms. The Planning and Zoning Department may, at its discretion, approve alternate species not included on the approved plant list if the property owner submits a letter from a registered landscape architect, horticulturist, botanist, or plant nursery operator stating that the growing conditions in the county favor the healthy growth and maintenance of that species. The Planning and Zoning Department may also require landscaping to be installed in locations left empty from the parking layout, such as corner islands associated with angled parking layouts, at its discretion.

(9)

Tree preservation. The following standards apply to all properties within overlay.

The Planning Department can grant up to a five (5) percent reduction in the number of off-street parking spaces required on the site if the reduction in pavement will preserve the root zones of existing healthy trees with a DBH of eight (8) inches or greater.

TABLE 1: PERIMETER BUFFER

	Adjacent Land Use Classification
Proposed Land Use Classification	1	2	3	4	5a	5b	6a	6b	7
Class 1	N/A	C	B	B	B	B	C	B	B
Class 2	B	C	B	B	C	B	C	B	C
Class 3	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Class 4	A	A	C	B	A	B	A	B	B
Class 5	A	A	B	C	B	C	B	C	C
Class 6a	A	B	B	C	C	C	C	C	C
Class 6b	A	A	B	C	C	C	C	C	C
Class 7a	A	B	B	C	C	C	C	C	C
Class 7b	A	A	B	C	C	C	C	C	C
Class 8	A	A	B	C	C	C	C	C	C

Notes:

To use Table 1 to determine perimeter buffers between uses:

Identify land use class (See Table 2) of subject property in the Land Use Classification column.

Identify the land use classification for adjacent parcel.

Required buffer type is provided at the intersection of the subject row and adjacent property column. The letter indicates buffer type.

For buffer type descriptions and design standards see Table 3 Buffer Design Guidelines. Buffer width is equal to the width of the setback unless otherwise specified.

TABLE 2: LAND USE CLASSIFICATIONS

Use	Use Class
1	Single-Family Residential
2	Multi-Family Residential
3	Warehouse/Industrial
4	Amusement
5a	Retail, Restaurant, Sales and Service (<10,000 sf)
5b	Retail, Restaurant, Sales and Service (>10,000 sf)
6a	Office/Institutional/Medical (<20,000 sf)
6b	Office/Institutional/Medical (>20,000 sf)
7	Transient Accommodations

TABLE 3: BUFFER DESIGN GUIDELINES

Buffer Type	Description	Performance Standards (per 100 feet)
		Canopy Trees	Understory Trees	Shrubs
Type A Opaque Option (1)	This buffer functions as an opaque screen from the ground to a minimum height of eight (8) feet.	2.5 trees	5 trees	100% Evergreen. A minimum of 28 inches in height. Shall meet the spacing requirements as shown in Horry County Landscaping Species Booklet and used to fill spaces in between trees.
		(2" inch caliper and ten (10) feet in height in at the time of planting)	Minimum eight (8) feet in height at time of planting
		One hundred (100) percent of the vegetation required shall be evergreen species, no more than 25 percent may be pine species.
Type A Opaque Option (2)	This buffer/screen functions as an opaque screen from the ground to a minimum height of eight (8) feet.	Screen shall consist of a double row offset evergreen trees. Trees should be spaced every ten (10) feet on center minimum.		100% Evergreen. A minimum of 28 inches in height. Shall meet the spacing requirements as shown in Horry County Landscaping Species Booklet and used to fill spaces in between trees.
		Minimum of eight (8) feet in height. Tree species should be of a variety which provides screening from near the ground to the canopy.
		Minimum of eight (8) feet in height. Canopy or Understory varieties.
Type B Semi-Opaque	This buffer functions as a semi-opaque screen at a minimum height of eight (8) feet with openings no greater than ten (10) feet.	2.5 trees	5 trees	100% Evergreen. A minimum of 18 inches in height. Shall meet the spacing requirements as shown in Horry County Landscaping Species Booklet and used to fill spaces in between trees.
		(2.5" inch caliper and ten (10) feet in height at the time of planting)	Minimum eight (8) feet in height at time of planting
		At least fifty (50) percent of the required trees and one hundred (100) percent the required shrubs shall be evergreen species.
Type C Spatial	This buffer provides a sense of separation between properties without screening the view. These buffers are generally oriented towards aesthetic enhancement of site perimeters and separation of multiple uses on the same site. Spatial buffers should include a combination of trees and shrubs that provide visual obstruction from the ground to a height of at least twenty (20) feet.	2.5 trees	5 trees	A minimum of fifteen (15) inches in height. Shall meet the spacing requirements as shown in Horry County Landscaping Species Booklet and used to fill spaces in between trees.
		(2.5" inch caliper and ten (10) feet in height at the time of planting)	Minimum eight (8) feet in height at time of planting
		At least fifty (50) percent of the required trees and shrubs shall be evergreen species.
Type D Streetscape	This buffer is intended to soften the transition from the street side to the remainder of the property as well as provide a sense of separation between the street and property use. Streetscape buffers are required for all uses adjacent to referenced street corridors. All uses that require site plan approval shall preserve, maintain or install a vegetated/planted buffer that abuts the perimeter of the property.	2.5 trees	5 trees	A minimum of fifteen (15) inches in height. Shall meet the spacing requirements as shown in Horry County Landscaping Species Booklet and used to fill spaces in between trees. If parking is located adjacent to the street than the shrubs must be 100% evergreen.
		(3" inch caliper and ten (10) feet in height at the time of planting)	Minimum eight (8) feet in height at time of planting
		At least 25 percent of the required trees shall be evergreen species. Streetscape trees should be chosen from "Streetside and Walkways" group in the Tree Selection Guide in Horry County Landscaping Species Booklet.
		At least one-third ( 1/3 ) of the Understory trees and shrubs shall be flowering)

(L)

Sign regulations.

(1)

On-premise freestanding signs.

The table below indicates the number, maximum sign area and the height of freestanding signs per linear feet of road frontage for an individual parcel along the corridor. The freestanding road frontage signs area shown in the table below is in addition to sign area allowed for building signage.

Multi-tenant sign panels.

Maximum number of tenant sign panels incorporated into the freestanding sign:

Parcel(s) less three (3) acres may have up to six (6) tenant panels.

Parcel(s) greater than or equal to three (3) acres may have up to eight (8) tenant panels.

The area of each sign panel will be counted towards the overall sign area of the freestanding sign.

Parcels with multiple road frontage: The below "Freestanding Sign Table" applies to each road frontage separately.

Freestanding Sign Table
Measure	Number of Freestanding Signs	Maximum Sign Area (sf)	Maximum Height (ft.)
(Linear feet of frontage) LF	Number of Freestanding Signs	Maximum Sign Area (sf)	Maximum Height (ft.)
≤150 LF	One (1) sign	50 sf	8 ft.
150 to 499 LF	One (1) sign	One-half (.5) sf per one (1) linear foot of frontage up to a maximum of 200 sf	25 ft.
≥500 LF	Two (2) signs		25 ft.

On-Premise Sign Design Standards Signs shall be designed to reflect the architectural character of the structure for which they are advertising and utilize a color scheme that complements the structure. Sign color shall not create a visual distraction to the traveling public;

All signs for properties with less than or equal to one hundred fifty (150) linear feet of frontage must be constructed as a monument style sign.

Changeable manual sign. Manual changeable message signs may be illuminated however the signs cannot include any flashing, intermittent, or moving light or lights.

Electronic message boards.

Only one (1) electronic message board is allowed per road frontage.

The electronic message board center cannot exceed fifty (50) percent of the allowable sign area.

Animation and full motion video is strictly prohibited.

The transition between messages may be accomplished through fading in and out or dissolving. Scrolling, animation and motion are prohibited.

Each message or copy must remain static or fixed for at least eight (8) seconds.

ii.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

Limits on maximum brightness (Permit application must include details from the manufacturer of sign indicating that the sign will automatically dim at night).

One thousand (1,000) nits at night.

ii.

Size measurement.

The area of the sign shall include all lettering, wording and accompanying designs and symbols together with any decorative trim or frame which forms an integral part of the display, but excludes the base of any necessary supports or uprights on which the sign may be placed;

Where the signs consists of individual letters or symbols the area shall be considered as the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols; and

In computing the square footage only one side of a double faced sign shall be considered.

Sign location.

All freestanding signs or displays shall be erected at least ten (10) feet from any property line or right-of-way, and shall be located outside all clear site triangles or a minimum of ten (10) feet from the edge of the travel way, whichever is the greater distance. All signs must be on their own property.

The minimum separation for all signs on a parcel shall be at least two hundred (200) linear feet.

Landscaping. A landscaped island containing shrubs or flowers with a minimum of thirty-two (32) square feet in area and a minimum of one (1) foot in height is required around all on-premises signs. The island shall be formed from materials such as, but not limited to, stone, brick or landscape timbers. The area of the island shall be maintained to keep it free of weeds, debris and brush. A sketch of the sign and island shall be submitted with the permit application for review and approval.

(2)

Building facade signs (building, wall, awning, marquee, canopy). Building signs are permitted with the following provisions:

Types of signs. Building signs shall be limited to wall, canopy, awning, marquee, and projecting signs. Building signs shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. The sign shall be clearly integrated with the architecture of the building and shall be consistent in design and materials with the architecture of the proposed building.

Single tenant development.

Maximum number of signs: One (1) building sign is permitted. Said sign shall be located along the front facade, defined as that which incorporates the main customer entrance area.

Maximum size:

One (1) square foot for every linear foot of building frontage.

One-half (0.5) additional square foot for every linear foot of building frontage for buildings located beyond one hundred (100) feet from the right-of-way.

The size of an individual sign shall not exceed one hundred fifty (150) square feet.

Multi tenant development.

Maximum number of signs: One (1) building sign is permitted per tenant frontage.

Maximum size:

Two (2) square feet for every linear foot of store frontage.

The size of an individual sign shall not exceed one hundred fifty (150) square feet.

Placement. The building signs permitted may be placed on the wall, awnings, or be a projecting sign.

Wall signs shall display only one (1) surface and shall not be mounted more than six (6) inches from any wall.

The length of the sign may occupy up to seventy-five (75) percent of the linear feet of the storefront the business occupies.

Projecting signs shall be limited to occupants that have a minimum of twenty (20) feet of occupied building frontage provided that:

The projecting sign shall be placed on the building so that said signs are intended to be viewed by the pedestrians on the abutting street or pedestrian way;

The maximum allowable copy area for projecting signs shall be six (6) square feet.

Window signs: Total area of all window signs shall not exceed twenty (20) percent of the total glass area of the window in which they are placed. Window signs shall not count against total allowable copy area if they are not permanently attached.

(3)

Commercial subdivision signage.

Sign for a commercial subdivision can be of a pylon or monument design and shall not exceed twenty-five (25) square feet for every lot up to two hundred (200) square feet of sign area. Such identification sign shall specify only the name of the development or project. Alternatively, such sign may display the names of tenants as well as the name of the development if:

The portion of the sign on which tenant names are displayed does not exceed eighty-five (85) percent of the total sign area; and

The portion of a sign cabinet on which tenant sign panels are displayed is of a uniform design background color.

Outparcels: One (1) monument sign with a maximum copy area of fifty (50) square feet shall be permitted per out parcel with right-of-way frontages shall be permitted one (1) sign on each frontage.

Branded architectural elements shall not count towards the maximum allowable copy area. Branded elements shall not exceed thirty (30) percent of the allowed copy area. Area shall be measured as the smallest box capable of containing all design elements.

A landscaped island containing shrubs or flowers with a minimum of thirty-two (32) square feet in area and a minimum of one (1) foot in height is required around signs.

Additional signage allowance.

Developments with one thousand (1,000) feet of frontage or more on a single public right-of-way with more than one (1) ingress/egress shall be permitted one (1) additional sign, which shall not exceed one hundred fifty (150) square feet in total copy area.

If a Development is located on a corner lot with two (2) public right-of-way frontages, one (1) sign may be located on each side and the copy area of total combined signage increased to four hundred (400) square feet. Under no circumstances shall one (1) individual copy area exceed two hundred (200) square feet.

Out parcels having two (2) right-of-way frontages shall be permitted one (1) sign on each frontage. The copy area of total combined signage shall not exceed one hundred (100) square feet. Under no circumstances shall one (1) individual copy area exceed fifty (50) square feet.

Iconic signage. An iconic sign is a sign whose form suggests its meaning. Such a sign is unique and creates an image and/or defines a place. An iconic sign may be sculptural in style and demonstrate extraordinary aesthetic quality, creativity or innovation. Branding, for purposes herein, shall not qualify alone as iconic.

Location. Sign(s) shall be located no closer than ten (10) feet from a public right-of-way, side or rear property lines, and outside all sight triangles.

Height. Sign(s) for outparcels with public right-of-way frontage shall be a maximum of eight (8) feet in height measured from the finished grade to the top of the sign face. Center identification signs shall be permitted a maximum height of twenty-five (25) feet.

The maximum size of the background structure of a sign shall not exceed one hundred ten (110) percent of the total square footage of copy area. Branded architectural elements shall not count as background structure.

Support base. The monument sign base shall be encased or provide external support and meet the following standards:

An enclosed base possessing a minimum width of two-thirds ( 2/3 ) the width of the sign.

If any support, upright, bracing or framework is utilized or proposed to support a monument sign, said support, upright, bracing or framework shall be enclosed within the sign base area which shall be made out of the principal building material of the building facade.

(4)

(5)

Street address. Both single tenant and multi-tenant freestanding signs must contain the street address number (the address will not count towards the copy area) of the business or shopping center and:

Be displayed in a contrasting color on any business identification sign; and

The minimum height of the address shall be six (6) inches and the maximum height of the address shall be twelve (12) inches.

(6)

Temporary and other.

Flags include any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. Standards for flags are as follows:

Only two (2) flags shall be permitted.

The flags shall not be flown higher than a thirty-five-foot pole, measured from grade.

Only one (1) flag per pole up to six (6) feet by ten (10) feet, or two (2) flags per pole up to four (4) feet by six (6) feet, may be flown.

The flag shall extend no closer than ten (10) feet from the edge of any adjacent public right-of-way.

No temporary signs are permitted except for the following:

Grand opening/new management. One (1) on-site temporary sign announcing the opening of a newly licensed business that does not exceed sixteen (16) square feet in copy area and that is not displayed for longer than thirty (30) days after the issuance of a Certificate of Compliance by the Zoning Administrator or designee.

Going out of business sign. One (1) on-site temporary sign that does not exceed sixteen (16) square feet in copy area announcing the closing of a business that is not displayed for longer than thirty (30) days.

Real estate signs:

Individual residential lots—Six (6) square feet maximum, three (3) feet high, located outside the buffer area.

ii.

Temporary nonresidential lease or sale signs—Sixteen (16) square feet maximum, six (6) feet high, one (1) per lot for a maximum of one (1) year, located outside the buffer area.

Contractors sign—One (1) sign per job site, no more than twelve (12) square feet in area, located on the property on which the work is being done. All contractors on a job site shall place their signs on the same contractor sign.

Temporary produce stands—Are allowed one temporary freestanding sign up to a maximum of eight (8) feet in height and up to thirty-two (32) square feet in size.

Gasoline station signs—Freestanding signs identifying the name of the business may include changeable copy indicating the current price of fuel dispensed on the premises.

Directional signs—Eight (8) square feet maximum, four (4) feet high, one (1) per entrance and one (1) per drive-through window, located outside the required landscape buffer area and at least ten (10) feet from the right-of-way.

(7)

Illumination .

Externally illuminated signs shall meet the following standards:

The lighting of signs must be from the bottom and directed upward.

The signs must have a height less than ten (10) feet.

(8)

Off-premise signage. No new or additional off-premise signs shall be allowed or permitted in the defined area of this corridor Overlay Zone unless it meets the following:

Off premise signs are allowed only along the S. Kings Hwy Corridor.

Off-premise signs must be one thousand two hundred (1,200) feet apart except for digital billboards which must meet a separation of two thousand four hundred (2,400) feet from other digital billboards.

Tri-vision or multi-vision signs must contain a default design that will freeze the device in one (1) position if a malfunction occurs.

Digital billboards must not contain animation, flashing, intermittent or moving light or lights.

Full motion video is strictly prohibited.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

The transition between messages can not be animated but may be accomplished through fading in and out or dissolving.

Digital billboards cannot be located within five hundred (500) feet of a residential zone or used property.

Limits on maximum brightness (Permit application must include details from manufacturer of sign and dimmer control).

Seven thousand (7,000) nits daytime.

One thousand (1,000) nits at night.

All off premise signs must meet the size and height requirements of Section 1000 of the Horry County Zoning Ordinance.

(9)

Exempted signs. Subject to the following provisions, properties within the overlay upon which signs are located that were legally in existence and lawfully conforming with the Ordinance prior to the effective date of this Ordinance and which, after adoption of this Ordinance, do not conform with this Division are exempted subject to the following:

Termination by damage or destruction. Any exempted sign damaged or destroyed, by any means, to the extent of fifty (50) percent or more of its replacement cost at the time of such damage or destruction, shall not be restored and shall be removed.

Termination by redevelopment. Whenever a parcel or building undergoes new development or substantial modification, the exemption provided for herein shall terminate.

(10)

Maintenance .

Maintenance. All signs shall be maintained in good condition and working order, and be free of graffiti, peeling paint, faded colors, and/or broken and damaged materials.

Signs on closed business. The owner of any sign or any business which has a discontinued sign for a period of ninety (90) or more consecutive days shall remove the signage, not including the background structure, by painting over the copy area, or replacing the copy area with a blank insert.

Ordinary maintenance may include replacements of supports with different materials or design than the previous supports provided the replaced supports are not enlarged. Nothing in this Division shall prevent the strengthening or restoring to a safe condition of any portion of an exempted sign declared unsafe by a code enforcement officer or building inspector provided that any such improvement does not exceed fifty (50) percent of the replacement cost of the sign. For purposes of this subsection, the replacement of individual tenant name panels on a multi-tenant center sign shall not constitute an alteration or modification.

(11)

Prohibited signs. The following signs shall be prohibited in the Corridor:

B_723.14_1.png

No sign, permanent or temporary, shall be erected or placed so that it interferes with a clear sight triangle distance design standards.

Portable signs.

A-frame.

Signs on trailer frames with or without mounted wheels.

Signs on or attached to vehicles which meet the following:

Have a total copy area in excess of ten (10) square feet;

The vehicle is used primarily for advertising in a stationary manner;

Vehicles that are used on a regular basis for transportation may have professional installed vehicle wrap; and

The vehicle must display a valid license plate.

Signage used on bus transit shelters within the right-of-way.

Signs attached to trees or utility poles or canopy support structures.

Bench signs.

Roof sign.

Traffic sign replica.

No temporary signs unless meeting the standards listed above.

B_723.14_2.png

(Ord. No. 11-13, § 1, 5-21-13)

723.15

Hwy 17 Business South Overlay Zone.

(A)

Purpose.

(1)

The overlay zone is established to provide standards relative to accessibility, appearance and safety in the development of commercial, industrial, multi-family residential and office projects. Therefore, single-family lots of record are excluded from the overlay requirements. Furthermore, the overlay is established to provide unified development that promotes a sense of place and provides opportunities to develop projects to be compatible with the carrying capacity of an urban corridor.

(2)

When any existing county ordinance is amended, the more restrictive provisions of such revised ordinance shall apply even if these overlay zone standards are less restrictive.

(3)

(4)

The standards established herein address only site plan or design-related issues encountered in the development or redevelopment of property within the overlay zone. Specific zoning-related standards are established in the zoning ordinance and must also be met prior to beginning development or redevelopment activities in the overlay zone.

(B)

Applicability.

(1)

The boundaries of the overlay zone are established herein. The standards that follow shall be applicable to any development as established in the table below which is located partially or completely within the boundaries; established within the boundaries section of this ordinance.

Levels of Modification

Level of Modification	Percent of value (cost of modification divided by existing improvement value, times 100) ^*	Applicable sections of this overlay district that must be adhered to
Very minor	1 to 9 percent	All new exterior walls must adhere to the facade and foundation landscaping. requirements.
Minor	10 percent to 39 percent	Above plus all window signage must be brought into compliance.
Significant	40 percent to 74 percent	Above plus all existing exterior walls must adhere as well as complete foundation landscaping.
Major	75 percent or more	All sections of the overlay must be adhered to including signage.

^* ^* Cost of modification shall be determined by the total permit value of all building permits over a rolling five-year time period.

^* ^** Permit values where interior and exterior values are broken out, only the exterior portion of the permit value shall count towards the cost of the modification. If the values are not separated the whole value of the permit shall count towards the cost.

(2)

Expenses incurred for general maintenance and repair of water; sewer and electrical where no new expansion will occur.

(3)

(4)

Any change of use that requires additional parking shall bring the entire parking lot into compliance with the parking lot standards of this overlay.

(5)

Multi-family development existing at the time of adoption of this overlay shall only adhere to the sign standards. No other sections shall apply.

(C)

Boundaries.

(1)

(2)

The overlay zone shall follow along US 17 Business South from the Town of Surfside Beach south to the Horry County line. Attachment 1 provides the location of the boundaries of this overlay.

(D)

Development review proposed developments or modifications meeting the specifications as detailed in the modifications table in section 723.15(B) shall be reviewed before issuance of building permits. Development plans shall provide information relative to the site layout including building elevations, landscaping, signage and utility location. Submitted plans shall comply with the commercial plan submittal requirements and contain enough detail to illustrate that the requirements of this ordinance have been meet.

(E)

Development and design requirements development of specific uses in the Hwy 17 Business south overlay zone shall be consistent with the underlying zoning district. In addition to the requirements of the applicable underlying zoning district the following supplemental development regulations shall apply:

(1)

Building exterior.

Facades.

If the building design includes cornices than they should be a minimum one (1) foot deep cornice and extend along the entire front of buildings and the sides of buildings at least ten (10) feet.

Glazing.

Reflective or heavily tinted glass shall be limited to twenty-five (25) percent of the linear length of any facade.

Glazing located on the ground floor of the primary and/or secondary facade of commercial structures shall be forty (40) percent or less.

(2)

(3)

Accessory structures/uses.

Accessory structures shall be compatible in style, color, and materials with main structure(s).

Structures shall be limited in size to twenty-five (25) percent of the primary structure or one thousand (1,000) square feet; whichever is less.

(F)

Special design standards.

(1)

Canopy support columns shall be clad in one of the suitable finish materials listed above.

(2)

Commercial outdoor display areas, sales areas, and tents are prohibited, except in the following situations and subject to the following standards:

Where a special event is held and a permit is issued.

This subsection does not apply to auto/boat/RV/storage building sales.

(3)

Outdoor freestanding propane stations and storage facilities shall be opaquely screened from public view with landscaping or a fence meeting eighty (80) percent opacity.

(4)

Retail garden center.

A six-foot high privacy fence; or

The items are screened by placing living plant materials such that these plants serve as a semi-opaque screen for the other materials, items and equipment.

(5)

(6)

Businesses engaged in the sale and/or rental of autos, boats, or recreation-related vehicles that have frontage within the overlay shall adhere to the following:

Each business shall be permitted one display pad for merchandise sold at such establishment for every two hundred (200) feet of corridor frontage.

Automobiles and boats shall be no larger than two hundred (200) square feet.

Recreational Vehicles shall be no larger than four hundred (400) square feet.

The display pad shall be located behind the required perimeter buffer.

The display pad may be elevated a maximum of eighteen (18) inches above finished grade.

(G)

Shipping/receiving docks, utility locations and dumpsters.

(1)

(2)

Utility services shall be located underground when possible. Exceptions to the requirements of underground utilities are:

Major electric transmission lines responsible for transporting power through the area rather than to the area;

Provision of three-phase power;

(3)

Dumpsters, which may be seen from adjacent properties, rights-of-way or other general customer areas, shall be screened from view on all sides.

Dumpsters shall be placed in the side and or rear yard. In the case of a double frontage or corner lot the front shall be considered the primary corridor.

(H)

(1)

(2)

The use of shared access to serve adjacent parcels abutting the corridor is required for new lots where there is less than two hundred (200) feet of frontage on the corridor.

(3)

(4)

Cross access.

General. Any development may be designed to allow for cross-access to adjacent compatible sites. Any subdivision or subdivision of lots may require a cross access or shared driveway to be installed.

Future stubs required. A stub for future access shall be provided to all adjacent vacant land zoned for commercial or multi-family uses.

(5)

On site storage for entering and exiting vehicles shall be buffered from the parking area by curbing or other means.

(6)

(7)

An estimation based on the latest edition of "Trip Generation" by the Institute of Transportation Engineers for typical land uses;

Traffic counts made at similar traffic generators located in the area; or

Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.

(I)

Parking. To reduce the visual mass and enhance the appearance of parking areas from the corridor, the following standards shall be met:

(1)

(2)

Parking areas containing more than one hundred (100) spaces, shall provide a ten-foot landscaped island between each parking module. These divided islands may include pedestrian walkways.

(3)

Shared parking plan. The planning department can approve a shared parking plan that meets all of the following standards:

Same or more intensive use. A shared parking area shall be located on a site with the same or more intensive zone district than the required primary uses served.

The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be fifty (50) percent;

Directional signage shall be added to direct the public to the shared parking spaces.

(J)

Pedestrian walkways.

(1)

(2)

For parking uses of over five hundred (500) spaces a pedestrian network shall be provided to connect parking areas to the building areas.

In the case of office and institutional uses, a pedestrian path leading to the building entrance shall be provided within one hundred (100) feet of all parking spaces.

In case of retail or other commercial uses a pedestrian path shall be provided within one hundred fifty (150) feet of all parking spaces.

(3)

(4)

(K)

(1)

Detailed lighting plan. The lighting plan shall show the location of all site lighting including lights mounted on buildings that are intended to illuminate spaces adjacent to the building. The lighting plan shall include specifications and details of all fixtures, and a photometric plan. The photometric plan may be waived for small or infill sites where code compliance and compatibility can be determined through other data.

(2)

Orientation and shielding. Light fixtures in excess of one hundred (100) watts or two hundred (200) lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project onto adjacent lands or right-of-way. Standard decorative street lights are exempt. No illumination in excess of one (1) footcandle across any residentially zoned lot line is allowed. The orientation of all lighting shall be downward.

(3)

Height.

Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four (4) feet in height.

(4)

Type. Each outdoor luminary shall be a recessed or a full cutoff luminary, and the use of decorative luminaries with full cutoff optics is desired.

(5)

Hue. Lighting sources shall be color neutral types such as halogen or metal halide. White LED lighting may also be used.

(6)

Floodlights and spotlights. Floodlights and spotlights shall be selected, located, aimed, and shielded so that the direct illumination is focused exclusively on a portion of the building facade or other intended site feature and away from adjoining lands or right-of-way. Such lighting shall be installed in a fixture that is shielded so that no portion of the light extends below the bottom edge or above the top edge of the shield and the main beam from the light source is not visible from adjacent lands or the adjacent right-of-way.

(7)

Prohibited lighting. The following lighting fixtures are prohibited: searchlights, laser source lights, or any similar high-intensity light. Light types of limited spectral emission such as low-pressure sodium or mercury vapor lights are prohibited. Floodlights or other type of lighting attached to light poles that illuminate the site and/or buildings are prohibited.

(8)

Canopy lighting. Lighting installed on or under canopies or drive-thru facilities are permitted an average footcandle reading of twenty (20) footcandles under any area that is illuminated. Lighting shall use diffusers and be shielded. No light source or lens in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling, unless the fixture is of a full cut-off design.

(9)

Building lighting. Wall mounted lights shall be fully shielded luminaries to prevent the light source from being visible from any adjacent residential property or public street right-of-way. Nothing in this subsection shall prevent the use of sconces or other decorative lighting fixtures with wattage equal to or less than one hundred (100) watts.

(L)

Landscaping.

(1)

Foundation landscaping.

Exemptions from this requirement may be granted when the following circumstances exist or when any of the following conditions are proposed on the site:

Building entrances and exits.

For those portions of buildings which have drive-up services along the side of the building (i.e., pharmacies, banks, fast-food, dry-cleaners, photo shops, etc.).

(2)

(3)

Perimeter landscaping.

A landscaped buffer shall be provided around all perimeters for parcels that abut the corridor. The buffer width shall be equal to that of the setback required for the underlying zoning district except that the Type C (Streetscape) width shall be ten (10) feet. In addition, Type B (Spatial) buffer widths may be reduced to five (5) feet. Landscaping within the buffer shall be provided in accordance with design standards described in Table 2: Buffer Design Guidelines.

When any commercial property being developed abuts a residential property, a Type A buffer along with a minimum of a six-foot privacy fence shall be used.

(4)

Irrigation. All required planting areas shall be mechanically irrigated. This shall include all tree islands, medians and all areas of required frontage landscaping between the parking lot and public streets. Required planting areas associated with parking lots containing less than thirty (30) parking spaces are not required to be irrigated. However, an exterior water source (such as a hose bib) shall be located within one hundred (100) feet of all required planting areas. If the project area is required to be irrigated, the following statement on the site and landscaping plan must be provided "All planting areas shall be mechanically irrigated," and/or, an irrigation plan must be provided.

(5)

Drainage and utility encroachment into the perimeter buffer.

(6)

Alternate designs allowed. The zoning administrator or their designee may, at their discretion, approve an alternate buffer design incorporating visually appealing fencing or earthen berms. The planning and zoning department may also require landscaping to be installed in locations left empty from the parking layout, such as corner islands associated with angled parking layouts, at its discretion.

(7)

Tree preservation. The following standards apply to all properties within overlay.

TABLE 1: PERIMETER BUFFER

	Adjacent Land Use
	Residential	Commercial	Street/Access/ROW
Proposed Land Use
Residential	N/A	A	C
Commercial	A	B	C

TABLE 2: BUFFER DESIGN GUIDELINES

Buffer Type	Description	Performance Standards (per 100 feet)
		Canopy Trees	Understory Trees	Shrubs
Type A Opaque	This buffer functions as an opaque screen from the ground to a minimum height of 8 feet.	3 trees	3 trees	100% evergreen. A minimum of 28 inches in height shall meet the spacing requirements as shown in Horry County Landscape Manual.
		Or a double row offset evergreen trees spaced every 10 feet on center minimum and minimum 8 feet tall.
		100% of the vegetation required shall be evergreen species, no more than 25% may be pine species. Trees shall be of a variety that offers screening from base to top (i.e., Leyland cypress or nelli stevens holly).
Type A Opaque Option (2)				100% evergreen. A minimum of 28 inches in height shall meet the spacing requirements as shown in Horry County Landscape Manual.
Type B Spatial	This buffer provides a sense of separation between properties without screening the view.	2 trees	2 trees	28 trees
		At least 50% of the required trees and shrubs shall be evergreen species.
Type C Streetscape	This buffer is intended to soften the transition from the street side to the remainder of the property as well as provide a sense of separation between the street and property use.	3 trees	3 trees	28. If parking is located adjacent to the street, then the shrubs must be 100% evergreen.
		At least 25% of the required trees shall be evergreen species. Streetscape trees should be chosen from "Streetside and Walkways" group in the Horry County Landscape Manual.
		At least one-third of the understory trees and shrubs shall be flowering.

(M)

Sign regulations.

(1)

On-premise freestanding signs.

All signs for properties with less than or equal to fifty (50) linear feet of frontage must be constructed as a ground style sign.

Parcels with multiple road frontage:

"Freestanding Sign Table" applies to each road frontage separately.

FREESTANDING SIGN TABLE

Measure (Linear feet of frontage) LF	Number of Freestanding Signs	Maximum Sign Area (sf)	Maximum Height (ft.)
≤50LF	One (1) sign	50 sf	12 ft.
51 to 99 LF	One (1) sign	One (1) sf per one (1) linear foot of frontage up to a maximum of 500 sf	20 ft.
100 to 399 LF	One (1) sign		30 ft.
≥400 LF	Two (2) signs		40 ft.

(2)

Digital signs.

Only one (1) digital sign is allowed per road frontage.

The digital portion of the sign cannot exceed fifty (50) percent of the allowable sign area.

Animation and full motion video is strictly prohibited on a parcel with less than three hundred (300) feet of frontage.

Each message or copy must remain static or fixed for at least eight (8) seconds.

The transition between messages and/or copy shall be accomplished within two (2) seconds.

Limits on maximum brightness (permit application must include details from the manufacturer of sign indicating that the sign will automatically dim at night).

One thousand (1,000) nits at night.

Font size.

Minimum font size for signs is six (6) inches.

Sign location.

The minimum separation for all signs on a parcel shall be at least two hundred (200) linear feet.

(3)

ALLOWED BUILDING SIGNS PER TENANT

Type of Sign	Number of Signs Permitted per Tenant	Maximum Size Square Feet (sf)
Wall/awning/canopy	N/A	Total of all wall signs shall not exceed fifteen (15) percent of the wall area. In the case of multi-tenant building the wall area is based on the linear length of the tenant lease space.
Window	No more than eight (8) total signs or pieces of information	Limited to twenty-five (25) percent of the total glass area of the window.

(4)

Commercial subdivision signage.

Sign for the subdivision shall be a ground sign and shall not exceed twenty-five (25) square feet for every lot up to two hundred (200) square feet.

(5)

Collocated signage.

(6)

Temporary and other.

Flags are allowed as follows:

Only two (2) flags shall be permitted.

The flags shall not be flown higher than a 35-foot pole, measured from grade.

Only one flag per pole up to six (6) feet by ten (10) feet, or two (2) flags per pole up to four (4) feet by six (6) feet, may be flown.

The flag pole shall not be located within ten (10) feet of any adjacent right-of-way.

One (1) on-site temporary sign not exceeding (16) square feet displayed for up to (30) days after the issuance of a Certificate of Zoning Compliance.

One temporary sign not exceeding sixteen (16) square feet in area, and eight (8) feet high, on any property that is currently listed for sale or lease.

One (1) temporary sign, no more than thirty-two (32) square feet in area, located on the property on which there is an active building permit.

(7)

Sign illumination.

Externally illuminated signs shall meet the following standards:

(8)

Termination by redevelopment. Whenever a parcel or building undergoes new development or major modification, the exemption provided for herein shall terminate.

(9)

Maintenance. All signs shall be maintained in good condition and working order, and be free of graffiti, peeling paint, faded colors, and/or broken and damaged materials.

(10)

Prohibited signs. The following signs shall be prohibited in the corridor:

Figure 24: Prohibited signage examples

B_723.15_1.png

No sign, permanent or temporary, shall be erected or placed so that it interferes with a clear sight triangle distance design standards;

Portable signs;

A-frame;

Signs on trailer frames with or without mounted wheels;

Signs on or attached to vehicles which meet the following:

Have a total copy area in excess of ten (10) square feet;

The vehicle is used primarily for advertising in a stationary manner;

Vehicles that are used on a regular basis for transportation may have professional installed vehicle wrap; and

The vehicle must display a valid license plate.

Abandoned sign. A sign which for a period of at least 30 consecutive days or longer no longer advertises or identifies a legal business establishment, product or activity.

B_723.15_2.png

(Ord. No. 17-18, § 1, 4-3-18)

Editor's note— Ord. No. 17-18, § 1, adopted Apr. 3, 2018, repealed former § 723.15 and enacted a new § 723.15 as set out herein. The former section pertained to similar subject matter.

723.16

Airport Environs Overlay Zones.

Purpose . The overlay zones are created to ensure existing operations and future expansions of Horry County's publicly-owned and operated aviation facilities are not hindered by encroachment of structures or objects into required aircraft approach paths or airspace. Protection of such spaces is necessary to ensure compliance with Federal Aviation Administration (FAA) guidelines relative to general aviation airports and to ensure that these facilities continue to function efficiently and effectively. To preserve and protect the public investment in Horry County's aviation facilities, and to ensure the safety and efficiency of air navigation, land use controls and restrictions are established in designated areas within the overlay zones. In order to protect people and property in the vicinity of these aviation facilities from the danger of aircraft accidents and the impact of excessive noise levels, a land use compatibility guidelines plan is designated for certain areas within the overlay zones.

Applicability and review authority . The Airport Environs Overlay Zones shall govern all properties located within unincorporated Horry County as shown on Attachment 1 (Myrtle Beach International Airport), Attachment 2 (Grand Strand Airport), Attachment 3 (Conway-Horry County Airport), and Attachment 4 (Loris-Twin Cities Airport). The Airport Environs Overlay Zone shall not affect property located in the current or future corporate limits of the City of Myrtle Beach, the City of Conway, the City of North Myrtle Beach, The Town of Atlantic Beach, and the City of Loris. The municipalities under the various airspaces are encouraged to adopt similar land use compatibility guidelines to combine a common policy concerning development in the vicinity of the airports regarding current and future limits of corporation. The Horry County Planning and Zoning Department will be the development review authority in the unincorporated areas in the vicinity of the airport facilities. The Horry County Planning and Zoning Department will act as liaison to the Horry County Director of Airports (or other person designated by the Director of Airports) to solicit comments and recommendations regarding proposed development or redevelopment within the individual airport environs. A large-scale map of each airport facilities Federal Aviation Regulations (FAR) Part 77 Airspace (Attachments 1-4) are available for public inspection in the offices of the Horry County Planning and Zoning Department.

Definitions . As used in this ordinance, the following terms contained in the Horry County Airport Environs Overlay Zones shall have the indicated meanings:

Airport . The Myrtle Beach International Airport (MYR), the Grand Strand Airport (CRE), the Conway-Horry County Airport (HYW), or the Loris-Twin Cities Airport (5J9).

Airport elevation . The highest point of the airport's useable landing area measured in feet from mean sea level (MYR: 30 feet msl, CRE: 32 feet msl, HYW: 34 feet msl, 5J9: 100 feet msl).

Airport environs . The geographic area that is affected by airport air traffic operations and defined by Federal Aviation Regulations (FAR) Part 77 Airspace consists of the following zones: (1) Precision instrument approach zone and/or Non-precision instrument approach zone; (2) Transitional zone; (3) Inner and outer horizontal zones; and (4) Conical zone. The (FAR) Part 77 Airspace depicting these zones are mapped as attachments and are determined to be the airport overlays to the underlying Horry County zoning and municipal incorporated areas.

Airport hazard . Any structure or object of man-made or natural origins located on or in the vicinity of a public airport, or any use of land near such an airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft. Any such obstruction and/or hazard that alters the approach and/or landing minimums of the published instrument approach to the airport shall be considered an airport hazard.

Approach, transitional, horizontal, and conical zones . Those areas under the approach, transitional, horizontal, and conical surfaces defined in Federal Aviation Regulations (FAR), Part 77.

Avigation easement . An easement that conveys to the airport authority the rights associated with aircraft overflight within the vicinity of the airport defined as FAA (FAR) Part 77 Airspace and to hold the airport authority harmless in the inherent effects of aircraft in flight. An avigation easement also conveys the right to the airport authority to maintain a clear vertical airspace, mark and/or light obstructions within the airspace, and access certain properties with reasonable notice for the purpose of maintaining the airspace.

FAA . Federal Aviation Administration.

FAR . Federal Aviation Regulations.

FDOT . Federal Department of Transportation.

HCDCE . Horry County Director of Code Enforcement.

HCZA . Horry County Zoning Administrator.

HCZBA . Horry County Zoning Board of Appeals.

HCDOA . Horry County Director of Airports.

Height . For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning overlay map, all heights, altitudes or any measurement scale used in indicating a vertical rise shall mean the height with reference to mean sea level (msl) elevation unless otherwise specified.

Non-precision instrument runway . A runway having an instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or utilizing area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned. Additionally, said runway is one for which no precision approach facilities are planned or indicated on a FAA planning document.

Person . Any individual, firm, partnerships, corporation, company, association, joint stock association or entity. It includes a trustee, receiver, assignee, or similar representative of any of them.

Precision instrument runway . A runway having an instrument approach procedure utilizing azimuth and glidescope guidance (ILS-Instrument Landing System or PAR-Precision Approach Radar) to effect its approach to the runway surface effectively centering the aircraft on the runway and creating a glidepath that projects the aircraft's arrival on the runway surface at a FAA approved distance down the runway surface. It also means a runway for which a precision approach system is planned and is so indicated on a FAA approved airport layout plan or other FAA planning document.

Primary surface . A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of the specially prepared hard surface of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) (14 C.F.R. § 77.1) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway . A defined area on an airport prepared for the landing and takeoff of aircraft along its length.

Structure . An object constructed or installed by man, including, but not limited to, buildings, towers, cranes, earth formation, smokestacks, and overhead transmission lines.

Tree . Any object whose natural growth is predominately vertical.

Zoning variance . The official permission given by Horry County Government to an appropriate party for the right to deviate from zoning restrictions, either temporary or permanent.

Airport zones and imaginary surfaces defined. In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying within the approach, transitional, horizontal, and conical zones as they apply to Horry County's aviation facilities. Such zones are shown on maps and drawings prepared by Delta Airport Consultants, Charlotte, NC, dated August 2000, and entitled FAR Part 77 Imaginary Surfaces (Myrtle Beach International Airport); John Talbert & Associates, Wilmington, NC, dated December 1976, and entitled Approach and Vicinity Plan (Grand Strand Airport); LPA Group, Myrtle Beach, SC, dated August 1993, and entitled R/W 4-22 Obstruction Survey Plan (Conway-Horry County Airport); and Engineering Consultants, Florence, SC, dated November 1982, and entitled Airport Layout Plan (Loris-Twin Cities Airport). An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The provisions of this ordinance apply to all current and future runway facilities at any Horry County airport as well as any planned future facilities. The various zones are hereby established and defined as follows:

(1)

Non-precision instrument approach zone . The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. The centerline of this zone is the continuation of the centerline of the runway.

(2)

Precision instrument runway approach zone . The inner edge of this approach zone coincides with the width of the primary surface and is two thousand (2,000) feet wide. The approach zone expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. The centerline of the zone is the continuation of the centerline of the runway.

(3)

Transitional zone . These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend upward and outward in a perpendicular direction to the runway centerline and the runway centerline. These zones extend at a slope of one (1) foot vertically for each seven (7) feet horizontally from the sides of the primary and approach surfaces to where they intersect the horizontal surfaces.

(4)

Inner horizontal zone. The inner horizontal zone is hereby established by arcs of five thousand (5,000) feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zone.

(5)

Outer horizontal zone . The outer horizontal zone is hereby established as the area that commences at the periphery of the conical zone and extends outward therefrom a horizontal distance of thirty thousand (30,000) feet. The outer horizontal zone does not include the approach and transitional zone.

(6)

Conical zone . The conical zone is hereby established as the area that commences at the periphery of the inner horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet.

(7)

All of the criteria outlined herein are subject to any changes to any or all of the zones detailed above by the Federal Aviation Administration or its successor.

(8)

A graphic interpretation of these zones are displayed as Attachments 1-4 to this ordinance and incorporated herein by reference.

Airport zones and imaginary surfaces height limitations. Except as otherwise provided in this ordinance, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this ordinance to a height in excess of the applicable height limit herein established for such zone. The provisions of this section apply equally to the Myrtle Beach International Airport, the Grand Strand Airport, the Conway-Horry County Airport, and the Loris-Twin Cities Airport, where they have the same or similar types of instrument approaches, unless the provisions specifically state otherwise. Such applicable height limitations are hereby established for each of the airport zones as follows:

Non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface and extends at a slope of one (1) foot vertically for each thirty four (34) feet horizontally. The centerline of this zone is the continuation of the centerline of the runway.

ii.

Precision instrument approach zone . Slopes upward one (1) foot vertically for each fifty (50) feet horizontally beginning at the end of and at the same elevation of the primary surface and extending to a horizontal distance of twenty five thousand (25,000) feet, and thereafter extending at the same height for an additional distance of twenty five thousand (25,000) feet.

iii.

Transitional zone. Slopes upward and outward one (1) foot vertically for each seven (7) feet horizontally beginning at the primary surface and the approach zones, and extending to a height of one hundred fifty (150) feet above the airport elevation (MYR: 180 feet msl; CRE: 182 feet msl; HYW: 184 feet msl; 5J9: 250 feet msl). In addition to the foregoing, there are established height limits sloping upward and outward one (1) foot vertically for each seven (7) feet horizontally beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward one (1) foot vertically for each seven (7) feet horizontally shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface, and extending to a horizontal distance of five thousand (5,000) feet measured perpendicular to the extended runway centerline.

iv.

Inner horizontal zone . One hundred fifty (150) feet above the airport elevation. (MYR: 180 feet msl; CRE: 182 feet msl; HYW: 184 feet msl; 5J9: 250 feet msl)

Outer horizontal zone . Three hundred fifty (350) feet above the airport elevation. (MYR: 380 feet msl; CRE: 382 feet msl; HYW: 384 feet msl; 5J9: 450 feet msl)

vi.

Conical zone . Slopes upward and outward one (1) foot vertically for each twenty (20) feet horizontally beginning at the periphery of the inner horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation. (MYR: 180-350 feet msl; CRE: 182-350 feet msl; HYW: 184-350 feet msl; 5J9: 250-350 feet msl)

vii.

In all cases referenced herein, when an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

viii.

All of the criteria outlined herein are subject to any changes to any and all of the zones detailed above by the Federal Aviation Administration or its successor.

Nonconforming uses; regulations not retroactive; marking and lighting . The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or natural vegetation not conforming to the regulations as of the effective date of this ordinance, or to otherwise interfere with continuance of any nonconforming use except as provided in Article V, Section 500 of the Horry County Zoning Ordinance. However, no pre-existing nonconforming structure, natural vegetation, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or to be replanted, so as to constitute an increase of the degree of nonconformity with these regulations. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, where the construction or alteration was begun prior to the effective date of this ordinance and is diligently executed and completed within one year thereafter. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Horry County Zoning Administrator to indicate to the operators of aircraft in the vicinity of the airports, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of Horry County.

Use restrictions. Notwithstanding any provisions of this ordinance, no use may be made of areas, land or water within any zone established by this ordinance in such a manner as to:

Create electrical interference with navigational signals or radio communications between the airport, aircraft, and/or any Air Traffic Control Facility, whether such facility is operated by the FAA (or its successor) or operated by a non-FAA entity; or

ii.

Make it difficult for pilots to distinguish between airport lights and others, resulting in glare in the eyes of pilots using the airport or otherwise in any way creating a hazard or endangering the landing, takeoff, or maneuvering of aircraft intending to use the airport.

Zoning variances . Variances to zoning requirements in the unincorporated areas surrounding Horry County airport facilities shall be considered by the Horry County Zoning Board of Appeals. Variances may be granted if the HCZBA determines that a literal enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest. In granting such variances, consideration must be given to ensure that development can be accommodated in navigable airspace without adverse impact to aviation operations at any Horry County airport facility. Consideration is also given to:

The nature of the terrain and height of existing structures.

Public and private interests and investments.

The character of flying operations and planned development of the airport facility.

Whether construction or development would cause an increase in the minimum descent altitude or the decision height at the airport facility.

The safety of persons on the ground and in the air.

Land use density of population.

The safe and efficient use of navigable airspace.

The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions' comprehensive plans, and all other known proposed structures in the area.

Federal Aviation Administration (FAA) determinations and results of aeronautical studies conducted by or for the FAA.

Federal Department of Transportation (FDOT) comments and recommendations, including FDOT findings relating to flight standards and guidelines.

Comments and recommendations from the Horry County Department of Airports.

Variances of temporary structures . Any person or entity desiring to erect a temporary structure encroaching above the height restrictions of this ordinance shall:

Make application to the Horry County Department of Code Enforcement (HCDCE) (or its successor) for a building permit that includes an application for a variance, if required, from the height restrictions of this ordinance; and

ii.

The director of the HCDCE shall forward the application for the variance to the Horry County Zoning Administrator and the director of the Horry County Department of Airports (HCDOA), and the application will be referred to the Horry County Zoning Board of Appeals. The application to the HCZBA shall state that the encroachment into the height restrictions herein is essential to completion of the project for which a variance is sought and that no other construction method exists that would allow the completion of the project. Economic impact on the project and/or ease of construction on the project shall not be considered sufficient reasons for authorization of a variance; and

iii.

A building permit may be issued by the HCDCE only upon a favorable determination and findings by the HCZBA through public hearing as required that granting of such variances shall not negatively impact and/or reduce in any manner an Horry County airport facility's ability to safely and effectively accommodate aircraft operations.

iv.

The decision of the HCZBA regarding the denial of the variance shall be final, and may be appealed in the manner prescribed by law.

Additional requirements for variances of temporary structures.

Persons and entities may seek a variance from the zoning overlay requirements contained herein.

The person or entity proposing erection of any encroachment into the height restrictions of this ordinance shall be responsible for notification of the appropriate office of the Federal Aviation Administration (FAA) of the precise location and height of the structure. Prior to the issuance of any variance, the entity proposing the encroachment shall obtain a written certification from the FAA of any impact on the airport's instrument and visual approaches.

The person or entity responsible for creating any structure encroaching into the height restrictions of this ordinance shall be responsible for submitting all appropriate requests and notifications to the FAA prior to making application to the HCZBA for a variance. All FAA documentation and the final issuance of the variance shall be obtained prior to commencing work on the portion of the project encroaching into the height restrictions.

The person or entity encroaching into the critical flight zones shall comply with all FAA requirements for appropriate hazard marking and lighting of such encroaching structures. The person or entity encroaching into the height restrictions herein shall insure that Horry County is fully indemnified and held harmless from any liability that may occur that is in any manner related to the encroaching structure.

The person or entity encroaching into the height restrictions contained herein shall procure, or cause to be procured, liability insurance in an amount deemed adequate by the Horry County Director of Airports, indemnifying Horry County. Horry County shall be named as an additional insured of any such insurance policy.

Permits .

Future uses. No material change shall be made in the use of the land and no structure or vegetation shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted. However, a permit for a structure of less than seventy-five (75) feet of vertical height above the ground shall not be subject to the requirements of this section in the horizontal and conical zones or in any approach and transition zones beyond a horizontal distance of 4,200 feet from each end of the runway(s) except where such structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use or structure would conform to the regulations herein prescribed. If such determination is affirmative, the permit shall be granted.

ii.

Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or vegetation to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

iii.

Nonconforming uses or structures abandoned or destroyed . Whenever the Horry County Zoning Administrator determines that a nonconforming structure has been abandoned, deteriorated, or partially or wholly destroyed, or a use is discontinued, or a change of use has occurred, the provisions of Article V. Section 500 of the Horry County Zoning Ordinance shall be adhered to. However, no permit shall be granted that would allow such structure or use to exceed the height limit within the applicable zone or otherwise deviate from the zoning regulations.

iv.

Variances . Any person desiring to erect or increase the height of any structure, or permit the growth of any vegetation, or make use of property not in accordance with the regulations prescribed in this ordinance, may apply to the Horry County Zoning Board of Appeals for a variance from such regulations. Such variance shall be allowed where it is duly found that sought relief if granted would not be contrary to the public interest. The factors to consider in findings are stated in the preceding subsection "H. Zoning Variances" of this ordinance.

Appeals and judicial review. All appeals from the rulings of the Horry County Zoning Administrator shall be taken to the Horry County Zoning Board of Appeals in the same manner and fashion as are all other decisions, which are, appealed to the HCZBA. Any person aggrieved, or any resident affected, by any decision of the HCZBA, may appeal to the Court of Common Pleas of Horry County, South Carolina, in the manner prescribed by law.

Compatible land uses within airport zones. The existing and future underlying zoning of lands will govern the regulation and permitting of specific land uses. Due to day and night noise levels of aircraft operations and the potential of aircraft accidents, it is necessary to provide for the review of development proposals in order to promote the public interest in safety, health and general welfare of those residing within or otherwise engaged in land activities within the airport overlay.

The following zones (and land use categories and specific uses contained in Attachment 5) are not all-inclusive and are intended to serve as a guide in land-use decisions. The intent of this part is to allow the prudent public and private development of land within the airport overlay through awareness of the airport environs and in the following fashion:

CLU Zones 1 and 2. The non-precision/precision instrument approach and transitional zones are the surface zones where takeoffs, landings and emergency procedures (e.g., go-arounds and aborted take-offs) will occur. These airspaces typically produce higher volumes of aircraft flight activity and generate higher levels of noise. These phases of flight are considered critical with the greatest potential for engine failure, stalls and encounters with obstructions and natural hazards. These zones should be clear of obstacles that could jeopardize aircraft approaches and landings, takeoffs and departures, and any emergency maneuvers necessary to ensure the safety of aircraft and property and persons on the ground. Land use activity should be of the lowest intensity in these zones. Residential uses should be low density with design modifications that lessen the noise level impacts of aircraft overhead. Multi-family dwellings, transient lodging, children's daycare facilities, senior convalescent, nursing, or assisted living facilities, and other land use activities that involve large assemblies of people are discouraged in these zones.

CLU Zone 3 . The inner horizontal/outer horizontal zones, are intended to allow the pattern flight of aircraft within an approximate two-mile radius of the runways. The intensity of land use activity may be less restrictive than CLU Zones 1 and 2. However, residential land use may range from low, medium or high density with land and structural design modifications, and dependent on proximity to the airport and CLU Zones 1, 2 and 3. Multi-family dwellings should be discouraged in this zone without substantial land area surrounding the use. Uses and activities that include the young and the elderly, and the assembly of persons for various events are discouraged. All residential uses should be designed and constructed in a manner that will mitigate the impact of noise levels that occur within this zone. Land development methods such as cluster development are encouraged to allow maximum utilization of the land allowed through the underlying zoning while preserving more open land surrounding the development.

CLU Zone 4 . The conical zone, defines the perimeter of the airspace above Horry County airport facilities and enables aircraft approaching, departing, or entering the established flight pattern to prepare for a particular phase of flight. This outer zone identifies the airspace to pilots and thus prepares aircraft for climbing, descending or pattern maneuvers. This zone is considered the least restrictive to both land use activity and height limitations. Various land use activities discouraged in the zones previously mentioned may be considered through careful development review that insures open space preservation surrounding uses and construction methods that will lessen the impacts of noise levels in the vicinity of the airport.

Compatibility Guidelines for Specific Land Uses are listed by category and use as Attachment 5 to this ordinance. These guidelines are advisory and general in nature and are designed to assist local government review authorities and landowners to determine appropriate land uses by airport zone. Adherence to these guidelines will ensure the compatible co-existence with future development within the vicinity of the Horry County airport facilities.

Enforcement . It shall be the duty of the Horry County Zoning Administrator to administer and enforce the requirement for a variance prescribed herein, prior to issuance of a building permit. Every application for a building permit shall be reviewed for potential conflicts with the provisions of this ordinance. Any potential conflict with the height restrictions contained in this ordinance shall be referred to the Horry County Director of Airports for review and a determination of compliance.

Penalties .

Any violation of this ordinance or any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and a public nuisance.

The Horry County Zoning Administrator is authorized to seek injunctive relief against any person or entity violating this ordinance.

The court shall impose such fines and imprisonment as it deems appropriate and at its discretion on any person or entity convicted under this ordinance. Each day that the structure or vegetation encroaches into the height restrictions of this ordinance shall constitute a separate offense and be punishable as such.

The court shall command the person found guilty of same to remove or reduce the size of the object or structure in violation of this ordinance or authorize the Horry County Zoning Administrator to remove or reduce the size of the object or structure.

The owner of record shall be liable for all costs as may be necessary for modifications returning the property to compliance with this section. If the owner of record fails to comply with the modifications required, the Horry County Zoning Administrator may contract for modifications bringing the property into compliance with this ordinance.

All costs of modifications incurred by Horry County shall constitute a lien on the real property whereon the modifications occurred.

Horry County, South Carolina

Attachment 1. MYR Myrtle Beach International

Attachment 2. CRE Grand Strand

Attachment 3. HYW-Conway-Horry

Attachment 4. 5J9-Loris-Twin Cities

Airport Hazard Zoning (1 of 2)

Airport Hazard Zoning (2 of 2)

Attachment 5
Compatibility Guidelines for Specific Land Uses Airport Environs Overlay

Airport Zone 1: Precision/non-precision instrument approach surface

Airport Zone 2: Transitional surface

Airport Zone 3: Inner/Outer horizontal surface

Airport Zone 4: Conical surface

- Generally incompatible uses

0 Potentially compatible uses (restrictions may be applied)

+ Generally compatible uses

		Airport Zone Compatibility
	Land Use	1	2	3	4
_____
Agricultural Uses
	Truck and Specialty Crops	0	+	+	+
	Field Crops	0	+	+	+
	Pastures	0	+	+	+
	Vineyards	0	+	+	+
	Orchards	-	0	+	+
	Tree Farms, Landscape Nurseries, Greenhouses	-	0	+	+
	Fish Farms	-	0	+	+
	Feed Lots	-	0	+	+
	Poultry Farms	-	0	+	+
	Dairy Farms	-	0	+	+
Natural Uses
	Fish and Game Preserves	0	0	0	0
	Land Preserves and Open Space	0	+	+	+
	Flood Hazard Areas	0	+	+	+
	Waterways: Creeks, Canals, Wetlands, Bays, Lakes	0	0	0	+
Residential
	Rural Estate (2.0—10.0 acre parcels)	-	0	+	+
	Rural Residential (0.5—1.0 du/acre)	-	-	0	+
	Low-Density Residential (1.1—5.0 du/acre)	-	-	0	+
	Medium-Density Residential (5.1—15.du/acre)	-	-	-	+
	High-Density Residential (>15.0 du/acre)	-	-	-	+
	Mobile Home Parks	-	-	-	+
Institutional
	Educational Facilities	-	-	-	+
	Day Care Facilities	-	-	0	+
	Hospitals and Residential Care Facilities	-	-	0	+
	Places of Worship	-	-	0	+
	Memorial Parks/Cemeteries	-	-	0	+
Recreational
	Golf Courses (except clubhouse)	0	0	+	+
	Golf Course Clubhouses	-	0	+	+
	Parks low intensity; no group activities	0	+	+	+
	Playgrounds and Picnic Areas	-	0	+	+
	Athletic Fields (with small or no bleachers)	-	0	0	+
	Spectator-Oriented Sports Complexes	-	-	-	-
	Equestrian Facilities/Riding Stables	-	0	+	+
	Marinas/Water Recreation	-	0	+	+
	Health Clubs and Spas	-	-	0	+
	Tennis Courts	-	0	+	+
	Public Swimming Pools	-	0	0	+
	Fairgrounds and Race Tracks	-	-	-	-
	Resorts, Group Camps, and Recreational Vehicle Campgrounds	-	-	0	+
	Shooting Ranges	-	-	0	+
Industrial
	Research and Development Laboratories	-	0	+	+
	Warehouses and Distribution Facilities	-		+	+
	Manufacturing and Assembly	-	0	+	+
	Bottling Plants	-	0	+	+
	Printing, Publishing and Allied Services	-	0	+	+
	Chemical, rubber and Plastic Products	-	-	0	+
	Food Processing	-	-	0	+
Commercial Uses
	Low-Intensity Retail (e.g., auto, furniture sales)	-	0	+	+
	Retail Stores (1 floor)	-	0	0	+
	Retail Stores (2 or 3 floors)	-	-	0	+
	Large Shopping Malls (500,000+ square feet)	-	-	0	+
	Restaurants and Drinking Establishments (no drive-thru)	-	0	0	+
	Fast Food Restaurants	-	-	0	+
	Auto and Marine Services	-	0	0	+
	Building Materials, Hardware and Heavy Equipment	-	0	0	+
	Office Buildings (1 or 2 floors)	-	0	0	+
	Office Buildings (3 floors)	-	-	0	+
	Banks and Financial Institutions (1 or 2 floors)	-	0	0	+
	Repair Services	-	0	0	+
	Gas Stations/Convenience Stores	-	0	0	+
	Government Services/Public Buildings (1 or 2 floors)	-	0	+	+
	Hotels and Motels (1 or 2 floors)	-	-	0	+
	Hotels and Motels (3 floors)	-	-	0	0
	Theaters, Auditoriums, Large Assembly Halls	-	-	0	0
	Outdoor Theaters	-	-	-	0
	Truck Terminals	-	-	0	+
	Any Uses with more than 3 habitable floors Aboveground	-	-	-	+
Transportation, Communications and Utilities
	Aircraft Storage (not within tie-down area)	0	+	+	+
	Automobile Parking	0	+	+	+
	Highway and Street Rights-of-Way	0	+	+	+
	Public Transit Lines	0	+	+	+
	Taxi Stands and Bus Terminals	-	0	+	+
	Electrical Substations	-	0	+	+
	Power Plants	-	-	0	+
	Power Transmission Lines	-	0	0	+
	Reservoirs	-	0	0	+
	Sewage Treatment and Disposal Facilities	-	-	0	+
	Sanitary Landfills	-	-	-	0
_____

- Generally incompatible uses

0 Potentially compatible uses (restrictions may be applied)

+ Generally compatible uses

(Ord. No. 68-08, § 1 (Att. A), 6-17-08)

                    
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