§ 1304.1. Agritourism activities permit.

(A)

Agritourism activities permit required. All farm owners and operators creating agritourism activities as defined herein shall be required to obtain an agritourism permit pursuant to the provisions of this article.

(B)

Definitions .

1.

Agriculture Tourism or "Agritourism"—activities conducted on a working farm, ranch or other agricultural operation or facility, which offer existing members and the general public opportunities for recreation, entertainment, education, direct sales of value-added agricultural products and/or active involvement in the farm operation.

2.

Agritourism Activity—Activities with four hundred ninety-nine (499) attendees or fewer intended to diversify the economic viability of the agricultural operation and generate additional income sources for the owner or operator. Any event or activity where it is anticipated attendance shall exceed four hundred ninety-nine (499) people on site at one time will be required to have a special event permit issued by the Horry County Public Safety Division, in accordance with Chapter 13, Article III, section 13-34 of the Horry County Code of Ordinances and Appendix B, Zoning Ordinance, Article XIII, section 13-34.

3.

Acreage, Productive Agritourism—Agriculturally productive land area used for the combined purpose of cultivating agricultural products and hosting active agritourism attractions.

4.

Agricultural Operation Designation—Operation size in acres, used to approve requested agritourism activity.

5.

Historic Farm—Any historic farm that has been established fifty (50) years or longer that is listed as a South Carolina Century Farm, is listed on the Horry County Historic Register or on the National Historic Registry.

6.

Working Farm—Any operation that sells at least one thousand dollars ($1,000.00) of agricultural commodities or that would have sold that amount of produce under normal circumstances, and whose agricultural land and buildings are in active use for crop production and/or the raising of livestock.

(C)

Permitted activities.

1.

Agritourism activities are permitted provided the parcel is a working, registered farm with a current USDA farm number, and meets one (1) of the following criteria:

a.

The parcel is a historic farm listed as a Century Farm, listed on the Horry County Historic Register or on the National Historic Registry;

b.

The parcel qualifies for an agricultural real property assessment under the Horry County Assessor's Office; or

c.

Any operation that sells at least one thousand dollars ($1,000.00) of agricultural commodities or that would have sold that amount of produce under normal circumstances.

2.

The requirements of Chapter 13, Article III (Noise Control) of the County Code shall be met.

3.

Qualified agritourism activities will be outdoor events. If plans include use of a building onsite, a courtesy inspection will be made by Horry County Code Enforcement to ensure the building complies with accepted safety standards.

4.

Upon approval, the agritourism activity shall be exempt from Article V Section 527 and Article XI of the Horry County Zoning Ordinance. Exemptions shall only be made for any farm five (5) acres in size and greater.

5.

Agritourism activities may not exceed one hundred twenty-one (121) days per year, starting the day of issuance of the permit. It is not required that the one hundred twenty-one (121) days be contiguous.

6.

No operator shall engage in agritourism activities without written consent of the owner of the property.

7.

Agritourism activities shall comply with Table 1, Agriculture Operation Designations.

(D)

Application procedures.

1.

Application shall be made to the planning department. Applications shall include the following:

a.

The name, address and telephone number of the person completing the application.

b.

The name, address and telephone number of the property owner. If the owner is a partnership or corporation, the names, addresses and telephone numbers of all parties is required.

c.

The name, address and telephone number of the facility.

d.

A master plan should be included with the application. The master plan will include a site sketch, parking plan, and plan for restroom facilities.

e.

A site sketch for each proposed agritourism activity.

f.

A parking plan that includes ingress and egress plans for the agritourism activity.

g.

A plan for restroom facilities is required. Portable toilets may be used for agritourism activities. A rental agreement for portable toilets with a cleaning schedule shall be included in the master plan.

h.

An operation plan that includes the rules and restrictions of the facility along with planned event days, dates, type of activity, and expected attendance.

2.

A non-refundable fee in the amount of twenty dollars ($20.00) shall accompany each application.

(E)

Review process.

1.

Review of the application shall be completed by the planning staff.

2.

Planning staff shall have fifteen (15) days to review the agritourism application.

3.

Upon planning staff review and recommendation, the board of architectural review shall review, approve and issue an agritourism permit to the applicant.

4.

Permits will be valid for five (5) years from date of issuance.

5.

Permitted agritourism activities are subject to a review every thirty (30) days by the zoning administrator to ensure compliance with the permit.

6.

In granting a conditional approval, the board may attach to it such conditions regarding the location, character, or other features of the proposed uses as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety or general welfare.

7.

BAR will grant approval or conditional approval given the uses:

a.

Are in substantial harmony with the area it is to be located;

b.

Will not be injurious to adjoining properties;

c.

Will contribute to the economic vitality and promote the general welfare of the community.

Activities	Definitions	Class A: Home Operation (<3 acres)	Class B: Market Operation (3-<5 acres)	Class C: Family Farm (5-<10 acres)	Class D: Small Farm (10-<20 acres)	Class E: Medium Farm (20-<40 acres)	Class F: Large Farm (40-<80 acres)	Class G: (80+ acres)
Agriculture Related Activities
Agriculture Education Center *	A facility designed for the purpose of providing academic training in the techniques of agro-ecology and agricultural systems. An AEC may conduct (theoretical and applied) research and community outreach while offering academic education, practical experience/training and public service/instruction opportunities for audiences ranging from local school children to international agencies. It is also designed for the purpose of teaching, exchange of information and/or discussion which results in enhanced personal, business and/or professional development. An education center may provide, training workshops, seminars, retreats and similar type meetings. Educational demonstrations may teach the ability to create a product where raw materials are grown from a working farm.
Barn Dance *
Corn Maze
Educational Classes *
Farm Museum *
Farm Tour	Tours where members of the public are shown working farm operations, and the owners and/or operators teach the attendees about farm processes, current agricultural practices and technology
Farm-to-table event	A working farm where meals are served on site. Meals are prepared for members of the general public largely from products of the working farm.
Fee Fishing (if aquaculture)	An aquaculture operation that provides the opportunity for anglers to pay a fee for the right to fish or pay for fish caught on a private pond on farm.
Harvest-Market *	Onsite market during harvest seasons.
Hay Ride
Nursery	An enterprise that conducts the retail and/or wholesale of plants grown on the premises. May include a greenhouse.
Petting Farm/Zoo
Rent-a-row	An agritourism activity that allows individuals not associated with the farm operation to rent a defined row of a field far the purpose of learning the process of and growing produce
You Pick Operation/Berry/Pumpkin Patch	A fruit or vegetable-growing farm that provides the opportunity for customers to pick their own fruits or vegetables directly from the plant
Non-Agriculture Related Uses/Activities
Food Service, including Food Trucks Featuring Farm Products *
Haunted House *
Agritourism Retail	An onsite retail stare that sells products created from raw materials produced on the farm or products directly related to the agritourism activity.
Planned/Guided Hunting Preserve Tours	An agri-tourism use/activity, approved by the appropriate local, state and/or federal agency, which provides the opportunity for an individual or group to pay a fee for the right to hunt on a farm. Game farming is the intensive, small pasture production of wild animals for the purpose of hunting, on agricultural land, for a fee, aver an extended period of time, in conformance with state and federal game laws.
Play Area
Special Events, including Weddings *
Value Added Product Processing *	Value-added agricultural product means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, packaging, and educational presentation, activities and tours that relate to agriculture or agricultural products.
Wine Tastings *
> Farm Stay (Residential and Overnight Accommodation) Uses/Activities
Camping	Section 14-7 Camping, camp means the act of parking any vehicle or erecting any structure for the purpose of providing shelter from the natural elements, establishing a temporary or permanent household for recreational activities, emergency relocations, relocations, meetings or reunions or providing privacy for any purpose for one or more persons. It shall also include persons remaining on the property of Horry County overnight and choose not to use any means of defense or protection from the natural elements.
Farm Stay	A general agri-tourism use/activity category that comprises a variety of overnight accommodations made available at a working farm that is approved for an agri-tourism operation. A Farm Stay, for any group or individual, does not exceed fourteen (14) (consecutive or non-consecutive) calendar days per month; however, farm stays may serve as an interactive recreational activity that offers agri-tourists, including children, opportunities to participate in feeding animals, collecting eggs, and/or learning how a farm functions through practical day to day experience. A farm stay may also consist of a retreat or be described as a work exchange, where the guests, for recreational purposes, work in exchange for free or discounted accommodations.
Health Farm *	A farm building designed for the purpose of providing proactive health and wellness education and/or physical exercise and diet regimens that can, in a rural and spa-like environment, improve one's quality of life. Health and wellness opportunities may consist of, but are not limited to, general and specialized exercise, wellness, and nutritional classes/consultations, organic cooking classes/workshops, yoga, meditation, and massage. A health farm may serve meals only when served to participating clientele.
> Rural Tourism Activities Are Not Covered Under This Permit
Rural Tourism	Tourism enterprises that do not necessarily occur on a farm or ranch or of an agricultural plant, are not related to agricultural activities, but provide recreation to the general public. Rural tourism does not generate supplemental income for an agricultural enterprise but provides an additional income for the property owner.
Rural Tourism Activities	Activities that are not agriculturally related nor support an agricultural operation.

 

NOTES:

Shading indicates an allowed use.

^* Allowable extension of 121-day restriction.

(F)

Complaints regarding violations and remedies. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate, and take whatever action is necessary to assure compliance with the ordinance.

(G)

Revocation. Any permit issued under this section may be revoked by the Board of Architectural Review for cause, including but not limited to: failure to adhere to the approved site plan, discontinuance of use of the facility for a period exceeding six (6) months; or, failure to adhere to all County, State, and Federal laws.

(H)

Appeal. It is the intention of this ordinance that all questions arising in connection with the enforcement of the ordinance shall be presented to the Board of Architectural Review.

(Ord. No. 40-16, § 1, 7-12-16)