Appendix 1304. Conditional and temporary uses.

Conditional uses, as set forth in Article VII of this ordinance, and temporary uses, as set forth below, are declared to possess characteristics which require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.

(A)

General requirements. Conditional uses shall be permitted subject to a determination by the Zoning Administrator that they conform to all regulations set forth herein and elsewhere in this ordinance, with particular reference to those requirements established for those districts in which they are proposed for location.

(B)

Conditional use administration and duration. Application for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to the issuance of any permits.

(C)

Temporary uses.

(1)

Temporary vendors for festivals, fairs and special events subject to the following conditions:

a.

Temporary vending shall be allowed as accessory uses to existing businesses provided that;

1.

The existing location is of sufficient size to accommodate additional traffic and vending booths shall not displace more than thirty (30) percent of the existing business parking lot.

2.

Vending booths as a conditional use or structure shall be setback twenty (20) feet from the right-of-way line of any public or private roadway. They shall have a minimum separation of six (6) feet from the principal structure or other uses upon the lot. No more than four (4) vending booths may be joined together without providing a minimum six-foot separation between them and adjacent vending booths.

3.

No vending booth shall be closer than five (5) feet to any abutting side or rear property line. If the property is surrounded by a privacy fence, of at least six (6) feet in height, the side and rear setbacks shall not apply.

4.

Businesses allowing vending shall provide two (2) parking spaces per vendor and the area for vending parking shall be designated as "vehicle parking only" and cordoned off from pedestrian and all other uses.

b.

Temporary vending shall be allowed on vacant lots in zoning districts allowing retail sales provided;

1.

The vacant lot is of sufficient size to accommodate additional traffic and vending booths.

2.

No vending booths shall be located on the lot closer than twenty-five (25) feet to any property line abutting a street and no closer than ten (10) feet to any other property line and separated from other vending uses by six (6) feet.

3.

Any vacant lot where the property line abuts a residential use or zoning district shall not be allowed to accommodate a vending use.

4.

Vacant lots allowing vending uses shall provide three (3) parking spaces per vendor and provide a designated area on the lot where they are located strictly for vehicle parking only to accommodate this requirement. The designated area shall not be closer than ten (10) feet to the highway right-of-way.

c.

Temporary signage must be permitted in compliance with Appendix B Article X and Section 1012 of the Horry County Code of Ordinances.

1.

Temporary signage for such locations that allow vending shall be restricted to locating all signage to the vending booth, which is permitted.

2.

No signage other than one (1) temporary road frontage sign advertising the location/name of the vending area shall be permitted.

3.

All signage that violates Section 1004 of the Horry County Code of Ordinances will be removed with or without official notification.

d.

A site plan drawn to scale shall be required showing vendor location, setbacks, existing parking, and designated reserved parking area for vendors and signage location.

e.

A letter and/or copy of an official lease agreement from the property owner and a copy of the property owner's business license must be provided where vending permits are requested.

f.

Temporary vending booths selling alcoholic beverages shall be separated one hundred (100) feet from other temporary vending booths selling alcohol beverages.

g.

All vending locations shall provide proof (receipts for services) of bathroom facilities and litter containment and removal during the permitting process.

h.

Any vending location that occupies houses or stores a recreation vehicle for vending or overnight purposes shall be limited to the lot on which they are permitted otherwise; RV's shall not be used or stored on any other location other than in the zoning district that they are allowed (Destination Park Zoning District).

i.

The property owner/lessee or assigns shall be responsible for any violation of this section or any other sections of the Horry County Code of Ordinances. Such violations may result in the revocation or denial of a Certificate of Zoning Compliance for this or any future use as a festival, fair or special event.

j.

Non profit organizations, exempt from obtaining an Horry County Business License, that sponsor events at which temporary vending occurs shall be required to obtain one (1) Zoning Compliance for such vending locations. A site plan shall be submitted showing the designated area (i.e. blocks, streets, or group of parcels) of-such vending locations. If parking is not being provided within the designated area, the non-profit organization shall provide proof that off-street parking has been reserved and designated to accommodate event patrons. Non profit organizations shall be exempt from certificate of zoning compliance fees.

k.

Permits will be valid for the approved dates of such event. No permits will be issued earlier than ninety (90) days prior to the scheduled event and vendors may not setup booths prior to the scheduled event.

l.

Temporary vending fees shall be as follows:*

Event	Event Length	Permit Amount
Spring and Fall Bike Rallies	7 consecutive days (includes set-up and take down)	$800.00 SSTVO and NSTVO $500.00 SWTVO and NWTVO $500.00 WTVO
Memorial Weekend Rally	4 consecutive days (includes set-up and take down)	$800.00 SSTVO and NSTVO $500.00 SWTVO and NWTVO $500.00 WTVO
All Other Events		$100.00 per day

 

*Vendors located within Loris Fairgrounds are not normally subject to temporary vending fees. However, due to the public safety costs incurred during bike rallies, temporary vendors located within Loris Fairgrounds or other similar venues shall be subject to the vending fees set forth herein.

m.

Issuance of temporary vending permits for fairs, festivals, or special events shall be limited in number as referenced in subsection 723.10 of appendix B.

(2)

Religious meeting in a tent or other temporary structure in any district, for a period not to exceed sixty (60) days.

(3)

Open lot sale of Christmas trees for a period not to exceed forty-five (45) days.

(4)

Real estate sales office, in any district, for a period of one (1) year, provided such is associated only with on-site sales within a new approved subdivision or within an approved project, and provided no cooking or sleeping accommodations are maintained in the structure.

(5)

Contractor's office and equipment sheds, in any district, for a period of one (1) year, provided that such office be placed on the property to which it is appurtenant.

(6)

All temporary certificates of zoning compliance may be renewed provided that it is determined that said use is clearly of a temporary nature, will cause no traffic congestion and would not create a nuisance to surrounding uses.

(7)

Temporary Asphalt, Concrete and Aggregate Processing Facilities

Public Projects

Temporary asphalt, concrete batching or aggregate processing (crushing, sorting and recycling) facilities, including pug mills may be allowed by permit for public projects in all zoning districts on a temporary basis. Public projects are projects which are being undertaken by the Federal Government, the State or any political subdivision of the state, public agency or special purpose district. Private Projects

Temporary aggregate processing (crushing, sorting and recycling) may be issued in combination with a demolition permit for private projects. Onsite crushing of structures over twenty thousand (20,000) sf in size may be allowed. No off-site materials may be brought onto the jobsite for processing.

All standards within this section shall be complied with in order to qualify as temporary. If any one (1) of these standards cannot be complied with, the facility shall be required to be located only in the zoning districts where allowed, and a zoning compliance shall first be obtained and comply with all of the provisions outlined in § 1202 of these regulations. The standards for a facility are as follows:

(a)

Temporary Permits

i.

Public permits issued pursuant to this section shall expire upon the completion date of the project as set forth in the permit application. The permit shall be limited to a total of twenty-four (24) total months. Public projects are projects which are being undertaken by the federal Government, the state or any political subdivision of the state, public agency or special purpose district.

ii.

Private permits issued for aggregate processing (i.e., crushing, sorting and recycling) in combination with demolition permits for structures over twenty thousand (20,000) sf in size are limited to thirty (30) consecutive days from the issuance of the demolition permit.

(b)

Location

i.

Public Permits. The temporary asphalt and/or concrete batching or aggregate processing (crushing, sorting and recycling), facility related materials and equipment shall be located no closer than one thousand (1,000) feet to any residence other than the residence of the owner of the land upon which the limited facility is to be located.

ii.

Private permits for temporary aggregate processing (i.e., crushing, sorting and recycling) facility shall be located no closer than three hundred (300) feet to any residence other than the residence of the owner of the land upon which the limited facility is to be located.

iii.

The silo, batch plant, and aggregate mixing, storage or processing shall be located no closer than three hundred (300) feet from any school, church, library, daycare facility, hospital, or hotel. The separation requirement does not apply if the said facility is the project which is under construction.

iv.

The facility shall be located within the construction area of the project or adjacent to the project as identified in the application.

(c)

All concrete, asphalt and aggregate mix produced by a facility under the public permit shall be used solely to complete the project as identified in the application for the temporary use.

(d)

The temporary facility shall comply with all regulations and a permit from the South Carolina Department of Health and Environmental Control shall be obtained by the applicant prior to operating the facility.

(e)

No contaminated soils shall be stockpiled on the site, used for remediation, or used in the operation of the facility.

(f)

No washing or cleaning of trucks or truck beds shall be allowed on site unless a containment system approved by Horry County stormwater is installed and used.

(g)

No waste, production materials, discarded equipment or other such items shall be buried on site.

(h)

All equipment and materials utilized in the operation of the temporary facility shall be removed from the site and the site shall be returned to its original condition, or better, within sixty (60) days following completion of the construction project for which the facility was established.

(i)

A site plan shall be submitted with the permit application.

(j)

A temporary encroachment permit is required for access onto any county or state right-of-way.

(k)

A map of the designated haul roads shall be submitted with the permit application.

(l)

Temporary screening. Temporary facility locations shall be screened to a minimum height of eight (8) feet. This may be done through any combination of natural or supplied screening. Supplied screening can include fence, walls, berms, gabions. If only natural screening is used it should be a minimum of fifty (50) feet in width and shall have at least twice the material required by supplemental buffering standards in § 527 of the zoning ordinance.

(8)

Special events authorized pursuant to Chapter 13, Article III, section 13-34 of the Horry County Code of Ordinances are allowed in all zoning districts. Other temporary events and seasonal uses, including but not limited to fairs, circuses, haunted houses and trails, community events and the like may be approved by the board of zoning appeals as special exceptions. The board, after public hearing, shall consider the factors set forth in section 1404(D) of the Zoning Ordinance, determine the appropriate duration of the event or temporary use (not to exceed thirty (30) days), and set hours of operation. The board may also attach such conditions as it may deem advisable to protect the surrounding properties and the public health, safety and welfare.

(Ord. No. 51-99, § 31, 12-7-99; Ord. No. 129-99, § 1, 9-7-99; Ord. No. 21-00, § 1, 4-18-00; Ord. No. 133-01, § 1, 10-23-01; Ord. No. 120-02, § 1, 10-1-02; Ord. No. 131-08, § 2, 2-17-09; Ord. No. 61-11, § 5, 9-20-11; Ord. No. 66-15, § 1, 11-10-15; Ord. No. 27-16, § 2, 6-7-16; Ord. No. 54-17, § 1, 7-11-17)