CITY OF FOLLY BEACH 1 st Reading: August 14 th, 2018 Introduced by: Mayor Tim Goodwin 2 nd Reading: Date: August 14th, 2018 ORDINANCE 11-18 AN ORDINANCE AMENDING CHAPTER 161 (DEFINITIONS) SECTION 161.02, CHAPTER 163 (GENERAL PROVIESIONS) SECTION 163.03-01, AND CHAPTER 164 (USE STANDARDS) SECTION 164301 BY PROHIBITING FORMULA BUSINESSES WITHIN THE DOWNTOWN COMMERCIAL, ISLAND COMMERCIAL, AND MARINE COMMERCIAL DISTRICTS. The City Council of Folly Beach, South Carolina, duly assembled, herby ordains that Folly Beach Code of Ordinance be amended as follows: NOTE: Deleted material stuck through, new material in red: SECTION 161.02 DEFINTIONS FOOTCANDLE. The amount of light that falls onto a surface as emitted by an exterior lighting device. FORMULA BUSINESS. A business with 10 or more outlets anywhere in the world; and with standardized services, such as merchandise, trademark, logo, uniforms, décor, etc. FRATERNAL ORGANIZATION. A facility used to house a non-profit social or recreational league which is used exclusively by members and their guests. SECTION 163.03-01 PURPOSE AND INTENT The nonresidential zoning districts are established for the general purpose of ensuring there are lands in the city that provide a wide range of office, retail, service, and related uses to meet household and business needs, and more specifically to: (A) Provide appropriately located lands for nonresidential uses consistent with the city's Comprehensive Plan. Provide appropriately located lands for the full range of business uses needed by the city's residents, businesses, and workers, in accordance with the Comprehensive Plan; (B) Provide employment opportunities. Provide employment opportunities close to home for residents of the city and surrounding communities; (C) Accommodate resort uses. Provide adequate land to accommodate resort and vacation-related uses; (D) Enable a mix of residential and nonresidential uses. Permit residential units above ground-floor nonresidential uses in commercial districts; and (E) Preserve the unique character of the nonresidential areas on Folly Island proper; and (E) (F) Minimize impact of nonresidential development. Minimize the impact of nonresidential development on sensitive environmental lands. (Ord. 05-10, passed 3-23-10)
TABLE 164.01: TABLE OF ALLOWED USES P = Permitted S = Special Exception A = Allowed in PD District Blank Cell = Prohibited Category Type Zoning District Residential Nonresidential PD (1) RSF RTF RMF DC IC MC CC CN Additional Standards COMMERCIAL USE CLASSIFICATION Animal Care All S P P P P A Day Care All S P P P A Commercial Indoor Recreation Commercial Outdoor Recreation Formula Business All P P S P A All S P S P A Tourist Accommodations All Other Commercial s P P P A A 03(A) Offices All S P P S P Parking Municipal parking lot S P P P A Private parking lot S P P P P A 03(B) Restaurants All P P P P A Retail Sales and Services Bar, nightclub or similar establishment Adult entertainment establishment P S S A S S A 03(C)(1) 03(C)(2) Pool hall P P P A Private club P P P A 03(C)(1) Retail use with gasoline sales S P P A 03(C)(4)
Storage Type I retail S P P P P A Type II retail P P S P A Type III retail S S A Outdoor storage P A Self-storage S A 03(C)(3) 03(E) 03(D) TABLE 164.01: TABLE OF ALLOWED USES P = Permitted S = Special Exception A = Allowed in PD District Blank Cell = Prohibited Category Type Zoning District COMMERCIAL USE CLASSIFICATION Tourist Accommodations Residential Nonresidential PD (1) RSF RTF RMF DC IC MC CC CN Bed and breakfast Convention facilities Hotel, motel and inn S P P P P P A P P P A P P P P A Additional Standards 03(F)(1) 03(F)(2) Outdoor Retailers P P 03(G) SECTION 164.02-04 COMMERCIAL USE CATEGORIES (A) Animal care. (1) Characteristics. The animal care use category is characterized by uses related to the provision of medical services, general care, and boarding services for domestic animals. (2) Examples. Examples of animal care use types include animal shelters, animal grooming, kennels (outdoor and indoor), equine stables, and veterinary clinics. (a) The breeding and resale of domesticated animals on a commercial basis is a retail sales and service use. (b) The breeding and resale of domesticated animals typically considered as household pets as part of a residential use is a home occupation. (B) Day care.
(1) Characteristics. The day care use category is characterized by use types that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence typically for less than 24 hours per day. Care can be provided during daytime or nighttime hours. Accessory uses include offices, kitchens for food preparation, recreation areas, and parking. (2) Examples. Example use types include adult care centers, child care centers, and preschools. Preschools are intended to provide limited educational or training services, while other child day care uses are not. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center, religious institution, or other principal use where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. (C) Restaurants. (1) Characteristics. This category includes establishments that sell food for on- or offpremise consumption. Accessory uses may include decks and patios for outdoor seating, customer and employee parking areas, and valet parking facilities. (2) Examples. Examples include restaurants, including fast food establishments, yogurt or ice cream shops, and pizza delivery. Nightclubs and bars are classified as retail sales and service uses. (D) Office. (1) Characteristics. This category includes activities that are conducted in an office setting and that generally focus on business, government, professional, or financial services. Accessory uses may include cafeterias, parking, or other amenities primarily for the use of employees in the firm or building. (2) Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses or real estate agents; data processing; sales offices; government and public utility offices; and TV and radio studios. (a) Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity. (b) Contractors and others who perform services off-site are included in the office category if equipment and materials are not stored outside and fabrication, services, or similar work is not carried on at the site. (c) Medical and dental clinics, medical and dental labs, and blood-collection facilities are classified as medical treatment facilities. (E) Commercial outdoor entertainment. (1) Characteristics. This category includes generally large uses that provide continuous commercial recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities. (2) Examples. Examples include privately owned golf courses, golf driving ranges, miniature golf facilities, water parks, privately owned tennis facilities, and publicly or privately owned active sports facilities such as ballfields and basketball courts.
(a) Indoor continuous entertainment activities such as theaters, bowling alleys, game arcades, pool halls, or dance halls are classified as commercial indoor recreation. (b) Publicly or privately-owned piers, docks or marinas are classified as marinerelated uses. (F) Commercial indoor recreation. (1) Characteristics. The commercial indoor recreation use category includes privately owned uses that provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include offices, concessions, snack bars, parking, and maintenance facilities. (2) Examples. Examples include country clubs, fitness centers, bowling alleys, dance halls, skating rinks, indoor commercial swimming pools, racquetball, squash, and tennis club facilities (indoor) as well as theatres, which includes cinemas, screening rooms, and stages. Pool halls, bars, and night clubs are classified as a use type under retail sales and services. (G) Parking. (1) Characteristics. Parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a parking facility. Accessory uses may include small structures intended to shield parking attendants from the weather. (2) Examples. Examples include private parking lots and municipal parking lots. (a) Parking facilities that are accessory to a principal use, but that charge the public to park for occasional events nearby, are considered commercial parking facilities. (b) Parking facilities that are accessory to a principal use are not considered parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility. (H) Retail sales and service. (1) Characteristics. Retail sales and service firms are involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment or provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking. (2) Examples. Examples include uses from the five following groups: (a) Type I retail. Type I retail uses include small-scale "convenience" uses that are 2,500 square feet in size or less, that are intended to serve the general area or neighborhood in which they are located. Type I retail uses include the following types of uses: 1. Financial institutions; 2. Laundromats, laundry and dry-cleaning drop-off establishments; 3. Photographic studios; 4. Mailing or packing services; 5. Retail bakeries; 6. Hair, tanning, and nail salons; personal care services; 7. Massage therapy and day spas;
8. Stores selling books, clothing, and dry goods; 9. Income tax return preparers; 10. Repair of TV's, bicycles, clocks, watches, shoes, guns, canvas products, appliances and office equipment; 11. Tailoring and shoe repair; and 12. Locksmith. (b) Type II retail. Type II retail uses generally serve groups of neighborhoods and are appropriate near neighborhood edges and along collector streets. Type II retail uses are larger in scale and intensity than Type I retail uses, but do not exceed 5,000 square feet and do not include any outdoor storage or display. Examples of Type II retail uses include bars, nightclubs, and pool halls; stores selling, leasing, or renting consumer, home and business goods, whether new or used, including alcohol for off-site consumption; art, art supplies, electronic equipment, fabric, furniture, flowers, groceries and food sales; household products, jewelry, recorded music, pets, pet food, pharmaceuticals, plants, printer material, stationary, and videos; photocopy and blueprint services; psychics and mediums; funeral homes and mortuaries. Any Type I retail use exceeding 2,500 square feet in size shall be classified as a Type II retail use. (c) Type III retail. Type III retail uses are appropriate along major thoroughfares like Folly Road north of the island and in primarily nonresidential areas. These types of retail uses generally provide a range of goods and services that are regional in scale and have the highest square footage and intensities of the retail use types, are generally accessed by auto, and often include some form of outdoor storage or display. Examples of Type III retail uses include 24-hour or convenience type stores that sell gasoline; shopping centers with more than three tenants; home improvement, hardware, and garden supply stores; building material sales; rental equipment yards; and machinery sales. (I) Storage. (1) Characteristics. Storage uses provide separate storage areas for individual or business uses. Self-storage areas are designed to allow private access by the tenant for storing or removing personal property. Outdoor storage is defined as the keeping of material, junk, goods, vehicles, or merchandise in an unroofed area. (2) Accessory uses. Accessory uses may include living quarters for a resident manager, security and leasing offices, and outside storage of recreational vehicles. of the storage areas for sales, service, repair, or manufacturing operations is not considered accessory to the use. The rental of trucks or equipment is also not considered accessory to the use. (J) Tourist accommodations. (1) Characteristics. This category includes buildings other than short term rentals arranged for short- term stays of less than 30 days for rent, lease, or interval occupancy. This category includes facilities primarily oriented for visitor use. Accessory uses may include pools and other recreational facilities, limited storage, restaurants, bars, meeting facilities, and offices. (2) Examples. Examples include hotels, motels, inns, bed and breakfasts, and convention centers. (K) Outdoor retailers. An outdoor retailer is any business that rents, leases, or sells products (including food products) to the public at a location in Folly Beach other than in a permanent building. A PERMANENT BUILDING is a building that has solid walls, a roof, doors, windows, and a permanent foundation. Outdoor retailers include businesses that
conduct business primarily from vehicles of any description, trailers, storage units, mobile units, carts, stands, booths, tables, tents, or open spaces (e.g., golf cart and bicycle rentals). (L) Formula Business. A Formula Business is any business with 10 or more outlets anywhere in the world; and with standardized services, such as merchandise, trademark, logo, uniforms, décor, etc. ADOPTED this day of, 2018, at Folly Beach, South Carolina. Ayes: Nays: Abstains: Municipal Clerk Tim Goodwin, Mayor