The City of Myrtle Beach is re-writing its entire zoning code to achieve goals based on the city’s Comprehensive Plan.  The Planning Commission  held public hearings regarding the draft ordinance on March 23 and August 17, 2010, soliciting public input.  Here are the files for your review.

• Zoning Code Re-Write Draft Text (PDF)

• Zoning Code Re-Write Draft Map (PDF)

Note:  These are large files and will take a few moments to load.  Give the map about 30 seconds before moving around in it.  Acrobat Reader, available free, is needed for PDF files.

The new code allows some new design flexibility:

• Floor-area-ratio requirements have been eliminated.

• Setback requirements in some districts have been eliminated, although building code, fire code, landscaping regulations, site triangle regulations, and minimum open space requirements still have to be met.   

• Buildings that front on more than one street will now be allowed to place a portion of their allowable signage to face the side street.  This does not increase the amount of allowable signage, just gives flexibility as to where the signs may be placed.

• Parking lot landscape buffers will no longer have to be straight, narrow planting areas.  Although the required amount of buffer area remains the same, the boundaries of the buffer may “meander” to allow for preservation of existing trees and creativity in design.

• The Zoning Administrator may now approve minor adjustments to approved landscape plans in order to remedy tree/sign conflicts.

• Standing-seam metal roofing is now allowed on manufactured homes.

• Fence posts may now extend an additional foot above the maximum fence height.

• The maximum size of a residential accessory structure (like a shed or detached garage) is now proportional to the size of the lot.

• A new development option allows development to be clustered on one portion of a lot in order to preserve natural or historical resources or to create usable open space.

The new code provides increased opportunities for responsible growth:

• Maximum heights in the Hotel and Amusement districts have been increased to 240’.

• The “cash option” of mitigating a protected tree has been reduced from $800 to $500 per tree.

• Although maintaining healthy landscaping is the property owner’s responsibility, and pruning must be done according to ANSI A300 standards, city notification is no longer required for pruning.

• Because the mixed use districts are designed to be pedestrian-friendly, parking requirements for some uses in the mixed-use districts are ½ those in other districts.

• The amount of required loading areas for larger facilities has been reduced to more realistic levels.

• Temporary structures may be used for commercial purposes during construction of a commercial building.  Once construction stops, the temporary building must be removed.

• Model homes are now allowed in all residential districts.

• To provide an environment in which commercial entities can operate without having to worry about conflicting with residential uses, residential uses are no longer permitted in the Highway Commercial district.

• Outdoor amusements are now allowed (up to 100’ in height) in limited districts throughout the city.

• Horse farms will now be allowed in limited districts.  They must have a minimum of 6 acres, adhere to sanitation and design standards, and will be allowed no livestock other than horses.

• Retail bakeries will now be able to provide wholesale services to local restaurants, even if they are not located in a wholesale district.

• Manufacturing, processing, assembly, packaging and distribution establishments are now allowed in the Airport District.

• Height limits in the Airport district have been increased, but do not interfere with FAA regulations.  Maximum building area in this district has been reduced to zero.

• Except where adjacent to a Residential District, PUD’s no longer have a minimum acreage requirement.

• If there is not enough public space on which to install required public improvements in a PUD, there is now a option to pay into a city improvement fund.

The new code includes regulations that further protect residential neighborhoods:

• Where a Commercial District abuts a Residential District:  Setbacks and maximum height (for the first 100’ of lot depth) of the commercial property will be equal to the setback and height requirements on the residential side of the property line. 

• Where a Commercial District is across the street from a Residential District:  the maximum height (for the first 100’ of lot depth) of the commercial property will be equal to that of the residential district or to the width of the street, whichever is greater, but never higher than that allowed in the commercial district.

• Tightened regulations regarding home occupations include no commodities being leased or sold from the property, no mechanical equipment, limited square footage used for the business, no uses that cause electrical interference, no more than one commercial vehicle per home, and 16 business types added to the list of prohibited businesses.

• Fences on oceanfront lots may now be as tall at 4’.

• No leases shall be allowed for any less than 6 months in the residential districts.

The new code includes design standards that improve the community’s appearance:

• New requirement that all common areas must be maintained and controlled by a POA, COA or HOA.

• The draft includes a recommendation that the penalty be substantially increased for putting up a sign without a permit.

• New regulations have been added to improve the styles and appearance of free-standing signs and lighting along Kings Highway.

• Changeable copy and changeable sign panels will no longer be allowed higher than 54” off the ground on a gas pump.

• Loading areas, regardless of their location, will require landscape buffers similar to those required for parking areas.

• Design standards will make commercial parking garages more attractive.

• Cell towers and water towers are now only permitted by special exception, which requires approval of the Board of Zoning Appeals.

• Design standards for manufactured homes apply throughout the city.

• Side setbacks in the hotel district increase with building height in order to open up view corridors to the ocean.

• All onsite utility lines serving new developments have to be placed underground.

• New houses in a development have to have a least 4 architectural differences from the houses on either side (avoids “cookie cutter” development).

The new code includes new mixed-use districts in limited areas to:

• Make central parts of our community more pedestrian-friendly for residents and visitors by:

1.   No parking between the building and a public street.

2.   Properties will be allowed to share driveways.

3.   Primary buildings must have access from a public sidewalk.

4.   Design standards prevent long, blank walls.

5.   Residential garages cannot stick out the front of the house (no more snout houses).

6.   As properties redevelop they will include a sidewalk and  landscaped buffer along  the road frontage.

7.   To protect pedestrian flow along the primary street, vehicular access will be from the side street on corner properties.

• Allow greater variety in housing and commercial development opportunities.

• Allow for the proliferation of small businesses by limiting retail spaces to a max. 20,000 sq.ft. and bars to a max. 2,500 sq ft.

The new code provides an increased variety of housing types:

• “Affordable Housing” is now clearly defined in the code.

• A new density incentive is offered for incorporating affordable housing into new developments.

• Owner or caretaker housing will now be allowed as an accessory to light manufacturing facilities.

• The new mixed-use districts provide opportunities for housing above shops and for “granny flats” as accessory to houses (apartment above the garage, for example).

The new code provides incentives for protection of our natural resources and for sustainable design:

• The ocean-side yard will have specific setback requirements, it will no longer be considered simply a front, side or rear yard.

• Any tree listed as a composite of the forest theme designated for the planting area in the Myrtle Beach Community Tree Planting Plan will be allowed in required landscape buffers.

• If wheel-stops are used in a parking area, 2.5’ beyond the wheel stop (the bumper overhang area) may be planted with grass instead of being paved.

• There is no longer a maximum size of new trees planted in multifamily district buffers; however, the property owner is responsible for the survival of the tree.

• Landscaping maintenance requirements allow flexibility in planting and pruning schedules to better ensure survivability.

• White Oaks have been added to the list of trees protected in the residential (as well as commercial) districts.

• Pine trees are now considered “protected trees” if they are 12” caliper or more.

• The size of “landmark” Live Oaks, Laurel Oaks and Willow Oaks has been reduced; White Oaks have been added to the list of “landmark trees.”

• Paving, parking or otherwise compressing the ground beneath a protected or landmark tree would now be prohibited.

• Trees being removed for building purposes cannot be removed until a building permit is issued.  No more cutting in anticipation of building someday.

• A plan for protecting trees must be approved before commencement of any clearing, grubbing or development.  Trees must be protected with a chain-link fence, an orange construction fence will no longer suffice.

• The penalty for destroying a landmark tree without a permit has been severely increased.

• As properties redevelop in the Mixed Use and Amusement districts, they will install a  sidewalk and landscaped buffer along the road frontage.

• A new development option allows structures to be clustered on one portion of a lot in order to preserve natural or historical resources or to create usable open space.

• A new multifamily density incentive is offered in exchange for wetland buffers.

• New side yard setback incentives are offered for the addition of walking trails that connect neighborhoods and open spaces.

• A new multifamily density incentive is offered for providing open space over and above the minimum required.

• A new multifamily density bonus is offered for incorporation of Low Impact Development (L.I.D.) site design elements.

• A new multifamily density bonus is offered for utilization of native landscaping and rain harvesting.

• A new height incentive is offered for incorporation of energy efficient and or sustainable building design or materials (LEED Certified, for example).

• Within PUD’s, existing swimming pools that extend more than 50% into the Coastal Protection Zone must be removed.

• 50% of all PUD open space shall be pervious.  “Open Space” as it pertains to PUD’s is clearly defined.

• PUD’s less than 2 acres in size must meet the requirements of LEED Silver Certification.

·         The new code improves the safety of the community:

• No light source (bulb, for example) nor its maximum brightness, shall be visible from beyond the property line.

• Fewer driveways will be allowed along fast-moving streets.

• Driveways will not be allowed within 20’ of a railroad.

• Businesses will not be allowed any more than 2 driveways per street and 3 driveways per lot.

• Creates a minimum size for address numbers on commercial signs at 6”.

The document has been made easier to navigate and to understand:

• Tables of contents at the beginning of the document and at the beginning of each article.

• Definitions have all been moved to one Article.  Specific definitions have been added for 28 new terms.

• Permitted uses, dimensional requirements and exempt signs have been condensed into easy-to-use tables.

• Redundancies and contradictions have been removed.

• Some terms have been made more “layman friendly.”  For example, “transient accommodations” is now “visitor accommodations” and “indigenous trees” is now “significant trees.”

• The complicated tree mitigation tabulation formula has been replaced with a simple 1 to 1 formula: for every caliper of protected tree removed, one caliper of protected tree species has to be planted in its place (or the equivalent paid into the city’s Tree Preservation Account).

• The penalty formula for destroying a tree without a permit has been simplified.