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The following information does not
constitute all requirements relative to streets, sidewalks and other public
property in Myrtle Beach. The following material focuses on information most
often requested of us by the public.
GENERAL:
Excavations Or Removal Of Materials
From Streets And Other Public Property:
It shall be unlawful for any person to
injure, plow up, dig, or cause any digging to be done in any of the
streets, roads, walks, paths, strand, strip of land between private
property lines and the Atlantic Ocean, or pavements within the city; to
remove or cause to be removed therefrom any sand, clay, dirt, sher, or
other earth without written permission of the city manager; or to in any
manner injure such areas, provided that the provisions of this section
shall not apply to that work as may be done under the lawful direction of
the city authorities.
(Code 1980, § 3-1-1)
Expectoration (Spitting) On Sidewalks:
It shall be unlawful for any person to
expectorate on the sidewalks in the city.
(Code 1980, § 3-1-3)
Obstructions On Public Property:
The erection of any structure of any type
or placing of any obstructions on public property is prohibited, except
that the abutting property owner may be permitted to beautify it by the
planting of grass, etc., subject to the filing of an application in
writing to the city and the obtaining of a permit from the city manager,
with the understanding that such improvement shall be made at the abutting
property owner's expense, and that an appropriate sign designating that
the area is public property shall be erected and maintained. Any
unauthorized structure or obstructions on public property shall be removed
at the expense of the owner or person erecting the structure or
obstruction.
(Code 1980, § 3-1-4)
Placing of Dangerous Subtances
On Streets Prohibited; Removal Required:
No person shall throw or deposit upon any
street any glass bottle, glass, nails, tacks, wire, cans, or any other
substance likely to injure any person, animal, or vehicle upon the street.
Any person who drops, or permits to be dropped or thrown, upon any street
any destructive or injurious materials shall immediately remove that
material or cause it to be removed. Amy person removing a wrecked or
damaged vehicle from a street shall remove any glass or other injurious
substance dropped upon the street from the vehicle. (Code 1980, § 3-1-5)
State law reference-Putting foreign
substances on highway, S.C. Code 1976, § 57-7-20(A).
Display Of Goods On Pavement, Walks,
Etc., Prohibited:
It shall be unlawful for any merchant or
other person to place on any pavement, walk or sidewalk within the city
any articles of merchandise or things of any kind whatsoever. (Code 1980,
§ 3-1-6)
CONSTRUCTION OF CURBS, SIDEWALKS &
DRIVEWAYS:
Permit Required- Generally:
It shall be unlawful for any person to
construct or reconstruct any concrete or other permanent sidewalks, curbs,
or driveway entrances in or on the streets or public ways or property of
the city without first obtaining a permit to do so from the city.
(Code 1980, § 3-1-21)
Permit Required For Cutting Or
Removing:
It shall be unlawful for any person to cut
away or remove any curb, sidewalk or driveway entrance or any part thereof
in the city unless and until a permit therefor shall have been granted by
the city.
(Code 1980, § 3-1-23)
Plans & Specifications:
No person shall construct or reconstruct
any sidewalk, curb, or driveway entrance within the city except in
accordance with plans and specifications promulgated by the street
superintendent and approved by the city council.
(Code 1980, § 3-1-22)
Maintenance Of Barricades And Warning
Signals Near Openings:
Any person cutting or removing any
sidewalk, curb, oi driveway entrance in the city shall protect the
openings by means of proper barricades and lights and maintain such
barricades during the period of the construction work. (Code 1980, §
3-1-24)
IMPROVEMENTS:
Levy and Assessment:
The city may make permanent improvements of
its sidewalks and streets by levying upon the owners of property
immediately abutting on the streets and sidewalks or parts of either so
improved an assessment in proportion to the frontage only of the property
on these streets or sidewalks or parts of either so improved, of not
exceeding, in the aggregate, one-half of the cost of the improvements.
(Code 1980, § 3-1-51)
State law reference-Authorization
for assessment, S.C. Code 1976, § 5-27-310.
Prerequisites To Levy Of Assessment:
No street or sidewalk assessment shall be
laid upon the abutting property owners until those improvements have been
ordered pursuant to this article and upon the written consent, signed and
filed with the city clerk, of not less than twothirds in numbers of the
owners of the property abutting upon the streets, sidewalks, or parts of
either proposed to be improved, and not until the city has made provisions
for the payment of not less than one-half of the cost of such improvement.
(Code 1980, § 3-1-52)
State law reference-Similar
provisions, S.C. Code 1976, § 5-27-320.
Times And Terms Of Payment Of Deferred
Payments:
The times and terms of payment and rates of
interest on deferred payments of assessments by the property owners, if
any, shall be allowed by the city, and shall be prescribed by the city
council by ordinance.
HOUSE MOVING:
Escort Service Fee And Bond For House
Moving Required:
(a) Escort service fee required. In
addition to any fee for a permit to move a house or other structure or
portion thereof, the currently required escort service fee shall be paid
prior to the time that any structure or portion thereof is moved.
(b) Bond required. Every house mover
shall, prior to moving any house or other building or portion thereof,
post with the city building department the currently required bond in
legal tender of the United States for the purpose of insuring that the
former site of the structure is adequately cleaned and returned to its
normal lot grade. If the lot is not cleaned and returned to its normal lot
grade, in the sole opinion of the building inspector or his designated
agent, within 14 days after the structure has been moved from its site,
the city shall have the right to perform or cause to be performed any
necessary cleaning or grading and to pay for the cleaning or grading with
the bond posted by the house mover. Any unspent funds remaining after
cleaning and grading is ac. complished shall be returned to the house
mover. (Code 1980, § 3-1-66)
Permit Required:
No person shall engage in, participate in,
aid, direct, organize, or undertake to move or otherwise locate any
building, house, structure, or other improvements within the city, or
cause to be moved or relocated any building, house, structure, or other
improvements from without the city limits to property within the city
limits, unless a permit shall have been obtained from the building
official.
(Code 1980, § 3-1-61)
Application:
(a) Filing. A person desiring a
permit to move a house or any other structure covered under this
article shall rile an application with the building official on forms
provided by the department.
(b) Contents. The application for a
house moving permit shall set forth the following information:
(1) The name, address, and telephone
number of the person seeking to conduct the house moving;
(2) The name, address, and telephone
number of the person who will be responsible for the conduct of the
house moving-,
(3) The date of the proposed house move,
the route, the approximate number of persons participating, the time, as
well as any additional information which the building official shall
find reasonably necessary to a fair determination as to whether a permit
should be issued.
(Code 1980, § 3-1-62)
Standards Of Issuance:
The building official shall issue a permit
pursuant to this article when, from a consideration of the application and
from any other information as may otherwise be obtained, he determines
that the house moving:
(1) Will not substantially interrupt the
flow of traffic;
(2) Will not require the diversion of an
undue or burdensome number of police omcers, fire, rescue, or health
units;
(3) Will not unduly interfere with fire
and police protection, ambulance or rescue service, or place
a dangerous burden upon any portion of the route. to be traveled;
(4) Is not reasonably likely to cause
injury to persons or property, to provoke disorderly conduct, or
create a disturbance; and
(5) Is scheduled to move expeditiously
and without unreasonable delay over the designated route.
(Code 1980, § 3-1-63)
Action On Application By Building
Official; Appeal Of Denial To City Council:
The building official shall act upon the
application properly made to him within one day after the filing thereof,
and if he disapproves the application he shall, within two days after the
date upon which the application was filed, give notice of his action,
stating the reasons for denial. Any person aggrieved by a denial shall
have a right of appeal to the city council, which appeal shall be taken
within five days after notice of rejection and which appeal shall state,
in writing, the grounds upon which the appeal is taken. The city council
shall act upon the appeal within 15 days after receipt of the notice
thereof, and shall be empowered to fix a time and place for public hearing
thereon. It shall be the responsibility of an applicant for a permit to
call at the omce of the building official or of the city clerk to
determine whether or not the application has been rejected or granted, and
any or further notices contemplated pursuant to this article shall be
given either to the city clerk or to the applicant, at the address
indicated in the application, as may be appropriate.
(Code 1980, § 3-1-64)
Approval Of Permit After Granted By
Building Official:
The permit granted by the building official
shall be approved by the city manager, or, in his absence, the city clerk.
(Code 1980, § 3-1-65)
STREET REQUIREMENTS & STANDARDS:
Applicability:
The provisions of this article shall apply
to all public streets, private driveways (serving more than three units),
and all buildings (including residential, commercial, industrial, and
public) within the city limits.
(Code 1980, § 5-8-11)
Street Naming Standards:
(a) New streets: Proposed
streets which are obviously on alignment with other existing and named
streets shall bear the assigned name of the existing streets. In no case
shall the name of the proposed streets duplicate or be phonetically
similar to existing street names, irrespective of the use of the suffix,
"street," "avenue," "boulevard," "drive," "place," "court," etc. It shall
be unlawful for any person in laying out any new street or road to name
such street or road on any plat or in any deed or instrument without first
getting approval of the planning commission. Further, the names for all
driveways serving more than three buildings must be approved by the
planning and zoning commission.
(b) Unnamed streets:
Streets lacking an officially recognized name will have a name selected
for them by the planning and zoning commission or its duly appointed
agents (limited to either a planning and zoning commission subcommittee or
planning staft).
(c) Duplicate names: Where
more than one street within a postal delivery area is called by the same
name (either exact in spelling or phonetically similar), the planning and
zoning commission or its duly appointed agents (limited to either a
planning and zoning commission subcommittee or planning stafl) will select
one street to bear that name. All streets left without a name will be
treated like other unnamed streets. Whenever streets bearing duplicate
names are identified, one street will be selected to retain the name using
the following criteria:
(1) The street with the greatest number
of people living on it will retain the name;
(2) Where two or more streets bearing the
same name serve approximately the same number of people, the street with
the oldest platted (or otherwise recorded) date will retain the name.
(d) Procedures for adoption of names:
Selected names will be advertised in the newspaper at least 15 days prior
to the next monthly planning and zoning commission meeting. This notice
will announce the required public hearing to review the street names.
Public response to the proposed names will be accepted at that time. Maps
showing the location of each street under consideration will be displayed
in the city council chambers (or designated place of meeting) prior to the
meeting. The maps will also be available for public view at the city
planning office from the date of advertisement until final approval. All
currently listed street names, at the time of the adoption of this
chapter, will be submitted to the planning and zoning commission for
approval to provide a list of officially named streets within the city
limits.
(e) Renaming streets: To
rename a street by request from the public, the following criteria must be
met:
(1) There must be a minimum of ten
residential and/or commercial buildings fronting on said street;
(2) A petition signed by three-fourths of
the property owners must be submitted with the request for the change of
name;
(3) The new name cannot duplicate (either
exact in spelling or phonetically similar) another street name within a
postal delivery area.
Once the petition to rename a street has
been submitted it will be processed by the planning and zoning commission
under subsection (d) of this section.
(Code 1980, § 5-8-12)
Building Numbering Standards:
All buildings within the city limits shall
be identified according to a uniform numbering system. All existing
buildings not presently in conformity with the provisions of this chapter
shall be required to conform to the system (system indicates conformity
with either subsection (1) or (2) of this section). All numbers will be
designed to function in the Emergency 911 system. The system will function
as follows:
(1) All new subdivisions, areas annexed
into the city and areas within the city which the city council deems
necessary by resolution shall be assigned numbers by the planning
department on the basis of one number for each 20 feet of frontage along
the street. Grid lines as shown on the property numbering map indicate
the point at which numbers will change to the next higher multiple of
100 and the range of numbers as indicated on the grid map.
(2) All areas numbered prior to the
effective date of the ordinance from which this chapter derives shall
remain the same, except where council deems a change is necessary by
resolution or where there is a problem with the old number in reference
to a uniform system of numbers. The numbers in question shall be brought
into compliance within 30 days of the effective date on the written
notification.
(3) All buildings north of east-west
streets and east of north-south streets shall bear even numbers, and all
buildings on the south side of east-west streets and west of north-south
streets shall bear odd numbers. All streets running more nearly
north-south shall be numbered as north-south streets and all streets
running more nearly east-west shall be numbered as east-west streets.
(4) No unit shall be assigned more than
one number.
(5) When several buildings have frontage
within an assigned frontage area, each building will carry a letter
designation such as "A," "B," "C," in addition to the assigned number.
(6) No building number shall be issued
for a new building until all other requirements for a building permit
have been approved and no building permit shall be issued for any
principal building until the owner has procured from the planning
department the official number of the premises. Final approval for a
certificate of occupancy of any principal building erected or repaired
after the effective date of the ordinance from which this chapter
derives shall be withheld until permanent and proper numbers have been
displayed in accordance with the requirements of section 19-114. (Code
1980, § 5-8-13)
Property Owner's Responsibility:
(a) When each house or building has been
assigned its respective number, the owner shall place that number upon
each house or building controlled by him/her.
(b) Numbers shall be placed on existing
buildings within 30 days after the effective date of this chapter or the
written notification of a change of building number by the city.
(c) The number shall be conspicuously
placed in the immediate vicinity of the main door of each building so that
the number can be plainly seen from the street from which the address was
given. The numbers used shall not be less than four inches in height. The
numbers shall be made of a durable and clearly visible material and shall
be in a contrasting color from the building. Whenever any building is
situated more than 70 feet from the pavement edge or the view of the
building is obstructed from the street, the number must be placed near the
walk, driveway or common entrance to such building so as to be easily seen
from the street line. The cost of the numbers used shall be paid for by
the property owner.
(d) It shall be the duty of such owner upon
affixing the new number to remove any different number which might be
mistaken for, or confused with, the number assigned to said building.
(Code 1980, § 5-8-14)
© Copyright 2004, The City of Myrtle Beach. All rights
reserved.
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