§ 164.03-03 Commercial Uses.
   (A)   Day care. All day care facilities are permitted subject to the following standards:
      (1)   Day care facilities shall comply with all applicable state regulations.
      (2)   A day care facility operated by, and located on the site of, a religious institution may be allowed as an accessory use only if found to be compatible with adjacent areas in terms of hours of operation, noise, lighting, parking, and similar considerations.
      (3)   In the DC District, day care facilities shall not exceed a gross floor area of 1,000 square feet, and shall provide services primarily to the surrounding neighborhood.
   (B)   Commercial parking. Any exchange of compensation for parking shall be considered a commercial parking use and shall:
      (1)   Not be permitted in any residential district of the city.
      (2)   Limit street frontage in the DC District to 100 feet.
      (3)   Provide at least two 96-gallon roll cart trash cans beginning January 1, 2022. Each trash can must:
         (a)   Remain accessible during the operating hours of the commercial parking lot.
         (b)   Be screened from off-site views and adjacent rights-of-way in conjunction with § 164.04-05.
         (c)   Be maintained in a clean and orderly condition.
      (4)   Provide delineation in the form of fencing to distinguish public rights-of-way from private property beginning January 1, 2022.
   (C)   Retail sales and service.
      (1)   Bar, nightclub or similar establishment.
         (a)   Such use shall comply with the location standards established by the State of South Carolina.
         (b)   Hours of operation shall be limited to the time frame between 12:00 noon and 2:00 a.m.
      (2)   Adult entertainment establishment. To protect the community from the adverse effects of having activities and standards involving pandering to gross sexuality imposed on them, none of the following uses shall be permitted in any district unless a special exception permit, § 162.03-03, is obtained. The requirement for a special exception permit shall be in addition to all other applicable ordinances.
         (a)   Book sales and magazines sales, where either the advertising or the displays or signs in or out of the location offer written materials showing specified sexual activities or specified anatomical areas (this does not apply to the availability for sale of any material displayed in a way that only the name of the book or magazine appears);
         (b)   Movie theaters offering movies or other displays showing specified sexual activities or specified anatomical areas;
         (c)   Any type theater or establishment offering any kind of show emphasizing specified sexual activities or specified anatomical areas;
         (d)   Any coin-operated devices and any place offering coin-operated devices which show specified sexual activities or specified anatomical areas; and
         (e)   Any cabaret, club or tavern offering any entertainment showing specified sexual activities or specified anatomical areas.
      (3)   Retail Type I, Type II, and Type III.
         (a)   Type I retail uses shall not exceed 2,500 square feet of gross floor area per individual use or establishment.
         (b)   Type II retail uses shall not exceed 5,000 square feet of gross floor area per individual use or establishment.
      (4)   Retail/service use with gasoline sales.
         (a)   Convenience stores.
            1.   Gasoline pumps, canopies, and associated service areas are prohibited in any established front yard. All pumps and canopies shall be located to the rear of the building.
            2.   All exterior lighting for the building, parking area, gas islands, and canopies shall be configured so that the source of illumination is not visible from off-site areas.
            3.   Drive-through windows, stacking lanes, and circulation shall be prohibited in the front of the building or in a side yard abutting a street.
            4.   Trash containers shall be fully screened by a wall that is constructed of the same material as the principal structure. Trash containers shall be located so as to minimize their visibility from adjacent public streets or other public gathering areas.
            5.   A wall, fence, or hedge with a minimum height of three feet shall be installed along any street frontage adjacent to any parking or vehicular use area. Such hedges, walls, or fences may be built along property lines or as a continuation of the principal structure’s building wall.
            6.   Signs attached to the canopy shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached.
   (D)   Self storage. Self storage uses shall comply with the following standards:
      (1)   The minimum lot area shall be least two acres.
      (2)   The only commercial uses permitted on site shall be the rental of storage bays and the pickup and deposit of goods or property in dead storage.
      (3)   Storage bays shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site.
      (4)   No more than one security or caretaker quarters may be developed on the site.
      (5)   Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.
      (6)   Except as provided in this subsection, all property stored on the site shall be entirely within enclosed buildings.
      (7)   Open storage of recreational vehicles, travel trailers, and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:
         (a)   The storage shall occur only within a designated area, which shall be clearly delineated;
         (b)   The storage area shall not exceed 25% of the buildable area of the site;
         (c)   Outdoor storage areas shall be located to the rear of the principal structure and be screened with a wooden fence or masonry wall no less than eight feet in height;
         (d)   Storage shall not occur within the area set aside for minimum building setbacks;
         (e)   No dry stacking of boats shall be permitted on site; and
         (f)   No vehicle maintenance, washing, or repair shall be permitted.
   (E)   Outdoor storage. Outdoor storage uses (as a principal use) shall:
      (1)   Be screened with a wooden fence or masonry wall no less than eight feet in height in accordance with § 166.09, Fences and Walls. The height of materials and equipment stored shall not exceed the height of the screening fence or wall; and
      (2)   Not allow customer or vehicular circulation to occur through the area used for outdoor storage.
   (F)   Tourist accommodations.
      (1)   Bed and breakfast. Bed and breakfast establishments shall comply with the following standards:
         (a)   Bed and breakfasts shall obtain a business license prior to operation;
         (b)   The bed and breakfast shall be accessory to the structure’s principal use as a dwelling, and the operators shall permanently reside on the premises;
         (c)   The structure shall maintain an exterior appearance that is in character with surrounding residential uses;
         (d)   A maximum of four sleeping rooms may be available for transient occupancy, and in no event shall a sleeping room be occupied by a guest for more than seven consecutive days;
         (e)   Cooking facilities shall not be permitted within individual sleeping rooms, and food may be served only to overnight guests;
         (f)   Each sleeping room shall be served by a separate smoke detector and shall include a graphic depiction of a fire escape plan;
         (g)   Common dining or gathering areas shall not be leased for social events;
         (h)   All off-street parking areas for the use shall be on the site, located within side or rear yard areas, screened in accordance with this ZDO, and shall not include exterior lighting mounted higher than six feet above grade; and
         (i)   Bed and breakfast inns shall not be located within 200 feet of another bed and breakfast inn or group living facility.
      (2)   Hotels, motels, and inns.
         (a)   Individual hotel or motel establishments shall be limited to a maximum number of ten guest sleeping rooms per establishment.
         (b)   Hotels, motels, and inns shall not be located within 200 feet of another tourist accommodation or group living facility.
   (G)   Outdoor retailers. Outdoor retailers shall comply with the following standards:
      (1)   Outdoor retailers shall operate only on lots that have frontage on Center Street, East Ashley Avenue, and East Arctic Avenue in the Downtown Commercial or Island Commercial Zoning Districts.
      (2)   The property on which the business will be operated contains adequate space to support the proposed outdoor retail sales without encroaching into or creating a negative impact on existing buffers, landscaping, or traffic movements.
      (3)   A lot may have one outdoor retailer at a time per 2625 square feet. Multiple retailers may occupy the same lot, but at no time can the number of retailers operating exceed the maximum number allowed on the lot.
      (4)   If there is more than one outdoor retailer on a lot, the space used by each outdoor retailer must be at least five feet away from any part of the space being used by any other outdoor retailer.
      (5)   The business will be located so as not to interfere with the normal operation of any other permitted use of the property.
      (6)   The business will not cause interference with the movement of vehicular or pedestrian traffic to such an extent that adequate police, fire, or other emergency services cannot be provided.
      (7)   The hours of operation of the business will be from no earlier than 7:30 a.m. to no later than 10:00 p.m., except for food and beverage sales.
      (8)   Beginning January 1, 2022, no outdoor retaileroffering the sale of food or beverage shall be located on a property that does not provide at least one restroom facility. If the property has more than two vendors, there should be at least two restroom facilities. Restroom facilities may be permanent or temporary and must:
         (a)   Remain open and accessible during the hours during the operating hours of any business on the property.
         (b)   Be screened from off-site views and adjacent rights-of-way in conjunction with § 164.04-05. Screening enclosures must be approved by the Zoning Administrator.
         (c)   Be maintained in a clean and orderly condition.
         (d)   Include a hand washing or sanitization station inside or in close proximity of the restroom.
         (e)   Be located within 50 feet of the vendor(s) which it serves.
      (9)   No business activity shall occur on a street, sidewalk, right-of-way, beach or other public property or interfere with the public’s use of such public property unless the business has a franchise from the city or is being operated as part of a special event regulated by Ch. 153, Special Events, etc.
      (10)   The business shall pick up, remove, and properly dispose of all trash or refuse created by the business as often as needed and at the end of business hours. Beginning January 1, 2022, no outdoor retailer offering the sale of food or beverage shall be located on property that does not provide at least one 96-gallon roll cart trash can per outdoor retailer. Each trash can must:
         (a)   Remain accessible during the operating hours of any business on the property.
         (b)   Be screened from off-site views and adjacent rights-of-way in conjunction with § 164.04-05.
         (c)   Be maintained in a clean and orderly condition.
      (11)   The business shall not change locations within the City without prior notice to and permission from the city.
      (12)   The business shall comply with all other applicable provisions of the Folly Beach Code of Ordinances and the laws and regulations of South Carolina and the United States.
      (13)   Outdoor retailers located in the Island Commercial (IC) Zoning District shall be located only in commercial parking lots with more than ten spaces.
      (14)   No more than one outdoor retailer shall operate in any commercial parking lot located in the IC Zoning District.
      (15)   All aspects of an outdoor retailer business must be adequately secured against windstorms or be capable of being moved to a secure place quickly when a windstorm is approaching. In addition, an outdoor retailer business must be capable of being moved within 24 hours of getting notice from the city of an approaching tropical storm or hurricane.
(Ord. 05-10, passed 3-23-10; Am. Ord. 34-12, passed 3-12-13; Am. Ord. 03-13, passed 4-9-13; Am. Ord. 30-17, passed 10-10-17; Am. Ord. 13-18, passed 12-4-18; Am. Ord. 023-21, passed 9-14-21; Am. Ord. 024-21, passed 9-14- 21; Am. Ord. 003-22, passed 5-10-22)