Florence City Zoning Code

PART 6

Administration

Sec. 6-19.1.1 Purpose

Generally. The City includes many areas that have been developed for many years. Therefore, applying new regulations to existing development will create situations in which existing lot dimensions, development density or intensity, land uses, open spaces, buildings, structures, landscaping, buffering, parking and loading areas, or signs do not strictly comply with the new requirements, even though they complied with the regulations at the time they were permitted and constructed. The fact that these nonconformities were at one time conforming means that they are now considered "legally nonconforming" and will therefore, be permitted to continue without immediate retrofit until significant site or use changes are proposed. This Article sets out fair rules for whether, when, and how the regulations of this Unified Development Ordinance apply to existing development.

Neighborhood Conservation “NC” District. The purpose of the NC district is to minimize the number of severity of "nonconformities" in established neighborhoods by making existing buildings and lots that were lawfully constructed or created "conforming," as set out in Section 1-2.2.1, Establishment of Zoning Districts, Subsection B., Neighborhood Conservation District and Subdistricts. Accordingly, this Article does not apply to lots of record in the NC district (such lots, and the lawfully constructed buildings on them, are “conforming”), except with respect to signs, if and where present.

Conversion of Nonconformities. Generally, nonconforming uses, buildings, structures, and signs are not permitted to be enlarged, expanded, increased, nor be used as grounds for adding other structures or uses that are now prohibited in the same zoning district. In these instances, this Article provides standards by which minor nonconforming uses can be made "conforming" through a public hearing process. Nonconforming buildings and structures may be made conforming with a variance process, but only if all standards for variances are met.

Reduction of Nonconformities. It is the policy of the City to encourage reinvestments in property that increase its value and utility and improve its quality and character. Since bringing a developed parcel into full compliance with this Unified Development Ordinance may involve substantial cost (which could discourage reinvestment), this Article provides a set of thresholds for determining when new construction or modifications to development trigger a requirement for meeting the various standards of this Unified Development Ordinance.

Unlawful Uses, Buildings, Structures, or Signs. This Article does not authorize or legitimize uses, buildings, structures, or signs that were not legally established or constructed. Such uses, buildings, structures, or signs are not "legally nonconforming," but instead remain "unlawful," and are subject to all of the provisions of this Unified Development Ordinance (including enforcement provisions) and any other applicable law. Likewise, this Article does not legitimize unlawful subdivisions of property that may have occurred before the effective date of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-19.1.2 Applicability

Generally. This Article applies to uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking, site access, site improvements, and lots that were lawfully constructed or established, but do not conform to the requirements of this Unified Development Ordinance.

Exceptions to this Article.

Maintenance. This Article does not exempt property owners from ongoing maintenance requirements, including, but not limited to, the maintenance of landscaping, parking lots (e.g., upkeep of paving and striping), and drainage structures and systems. See Section 6-19.3.4, Repairs and Modifications.
Eminent Domain; Governmental Acquisition. Any nonconforming structure or land expressly created or caused by a conveyance of privately-owned land to a federal, state, or local government to serve a public purpose is conforming for the purposes of this Unified Development Ordinance, and is not subject to the limitations of this Article. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation or otherwise, which creates a nonconformity in the remaining parcel in terms of setback, lot size, or other standards of this Unified Development Ordinance. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other development approvals pursuant to this Unified Development Ordinance.

Types and Classes of Nonconformities. Types and classes of nonconformities are set out in Division 6-19.2, Classification of Nonconformities. The application of the standards of this Article is based on the type of nonconformity that is being addressed.

Types. There are 10 types of nonconformities including:
1. Uses;
2. Buildings;
3. Structures;
4. Lighting;
5. Landscaping and buffering;
6. Signs;
7. Parking;
8. Site access;
9. Site improvements (e.g. fencing, screening, storage and display, etc.); and
10. Lots.
Classes. There are two classes of use nonconformities including "major" or "minor."

General Regulations. Set out in Division 6-19.3, General Regulations, is the standards for when nonconforming situations must be made conforming (or more conforming) or, alternatively, terminated or removed. It also sets out the circumstances in which a nonconforming situation may be restored or resumed after damage, destruction, or temporary cessation of the use. These provisions are in conformance with the provisions of Section 6-29-730. Nonconformities, Article 5, Local Planning-Zoning, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act.

Compliance Thresholds. Set out in Division 6-19.4, Compliance Thresholds, is the standards for determining when new construction or modifications to development trigger a requirement for conformity with the various requirements of this Unified Development Ordinance.

Effect of Article.

Effect on Existing Development Entitlements. Nothing in this Unified Development Ordinance shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully issued prior to the effective date of adoption or amendment of this Unified Development Ordinance, provided construction was commenced within 60 days after obtaining the building permit and diligently completed.
Effect on Existing Unlawful Uses, Buildings, Signs, and Structures. Any use, building, sign, structure, and/or parcel of land which was used, erected, or maintained in violation of any previous zoning regulations shall not be considered as a legal, nonconforming use, building, sign, structure, and/or parcel, and shall be required to comply with all provisions of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-19.2.1 Nonconforming Uses

Generally. A nonconforming use is a use of land that was lawfully established (i.e., it was allowed and legally authorized, if legal authorization was required) on a parcel or lot before the effective date of this Unified Development Ordinance (or amendment hereto), that is no longer allowed after the effective date of this Unified Development Ordinance (or amendment hereto). The following uses are legally nonconforming uses:

Permitted Uses and Structures. Uses that were lawfully established but are not currently listed as Permitted, Conditional, or Permitted Special Exception Uses in the district in Division 1-2.7, Land Uses, except that structures that were listed as uses of land prior to the effective date and are now regulated as accessory buildings or structures (see Article 8, Supplemental Standards) are either:
1. Conforming structures (if they comply with the requirements of this Unified Development Ordinance); or
2. Nonconforming structures (see Section 6-19.2.3, Nonconforming Structures).
Conditional Uses. Uses that are listed as Conditional Uses in the district in Division 1-2.7, Land Uses, but were lawfully established without a conditional use permit and do not comply with the applicable standards of Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Permitted Special Exception Uses. Uses that are listed as Permitted Special Exception Uses in the district in Division 1-2.7, Land Uses, but were lawfully established without a permitted special exception use permit. For these uses, the nonconforming use status may be removed by obtaining a permitted special exception use permit. See Division 6-19.5, Conversion of Nonconformities.
Flood Prone Uses. Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway. See Division 4-12.6, Flood Prevention.

Classifications of Nonconforming Uses. There are two classes of nonconforming uses. The classification of the nonconforming use affects whether it can be converted to a conforming use as set out in Division 6-19.5, Conversion of Nonconformities. The classifications include:

Major Nonconforming Uses. Major nonconforming uses are those uses for which the nonconformity generates a nuisance per se (as such) or represents such incompatibility with adjacent uses and/or the Comprehensive Plan that public policy favors their elimination from the district if they are discontinued, abandoned, or destroyed. Major nonconforming uses include:
1. Adult businesses;
2. Alcoholic beverage sales, on-premise consumption;
3. Auto repair;
4. Car washes;
5. Heavy commercial or industrial uses;
6. Manufactured home parks;
7. Mobile homes.
8. Pawn shops;
9. Recreational vehicle parks;
10. Salvage yards; and
11. Specialty uses.
Minor Nonconforming Uses. All nonconforming uses that are not classified as major nonconforming uses are minor nonconforming uses. Such uses may be converted to conforming uses as provided in Division 6-19.5, Conversion of Nonconformities.

Effective on: 1/1/1901

Sec. 6-19.2.2 Nonconforming Buildings

Generally. A nonconforming building is a building that was lawfully constructed prior to the effective date of this Unified Development Ordinance (or amendment hereto) that does not conform to the height, yard, building coverage, impervious surface ratio, density, intensity, building scale, or design standards that are applicable to the same type of building in the district in which the building is located.

Exceptions. Exceptions apply in the NC (Neighborhood Conservation) district. See Section 6-19.1.1, Purpose.

Effective on: 1/1/1901

Sec. 6-19.2.3 Nonconforming Structures

Generally. A nonconforming structure is a structure other than a building that was lawfully constructed prior to the effective date of this Unified Development Ordinance (or amendment hereto) that does not conform to the standards that are applicable to the same type of structure in the district in which the structure is located.

Examples. The following are illustrative examples of nonconforming structures:

Fences or walls that do not comply with the height, setback, or material standards set out in Section 3-8.1.2, Fences, Walls, and Hedges of this Unified Development Ordinance; and
Structures located in floodplains, floodways, required yards, or open space areas that do not comply with the applicable regulations of this Unified Development Ordinance.

Exceptions. Maintenance activities are not subject to this Article. See Section 6-19.1.2, Applicability.

Effective on: 1/1/1901

Sec. 6-19.2.4 Nonconforming Landscaping and Buffering

Generally. Nonconforming landscaping and buffering is landscaping and buffering (or lack thereof) that does not conform to the landscape or bufferyard area or the planting requirements of Article 10, Landscaping and Buffering, or other provisions of this Unified Development Ordinance that require the designation of open space, landscape surface areas, or the buffering of uses. Nonresidential, mixed-use, and multifamily residential parcels that were lawfully developed but do not include the required landscape surface ratio, open space ratio, or bufferyard that is required after the effective date of this Unified Development Ordinance, or amendment hereto, are also nonconforming with respect to landscaping and buffering.

Exception. Residential housing types other than multifamily are conforming with respect to landscaping if it was platted prior to the effective date of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-19.2.5 Nonconforming Signs

Generally. Any sign located within the City limits on the effective date of this Unified Development Ordinance that does not conform to the provisions of Part 5, Signs, or, if applicable, Division 1-2.8, Conditional and Permitted Special Exception Use Standards, is a "legal nonconforming" sign, provided it also meets the following requirements:

The sign is a permanent sign; and
One of the following apply:
1. The sign was approved by a sign permit before the effective date of this Unified Development Ordinance, or amendment hereto, if a permit was required under applicable law; or
2. If no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law or conditions of approval immediately prior to the effective date; or
3. The sign had legal nonconforming status on the effective date of this Unified Development Ordinance.

Abandoned Signs. Any sign located within the City limits on the effective date of this Unified Development Ordinance that meets one or more of the following criteria shall be removed and shall not thereafter be re-established or restored without applying for a receiving a sign permit. A sign that:

is abandoned for a period of 120 continuous days;
advertises a business that no longer occupies the site on which the sign exists or to which it refers;
is dilapidated, destroyed or damaged to the extent of 60 percent or more of its replacement cost, or
no longer advertises a bona fide business, lessor, owner, product, or activity conducted or product available.

Existing Signs on Annexed Property. If land is annexed into the City after the effective date of this Unified Development Ordinance, any signs that do not conform to the provisions of this Unified Development Ordinance at such time shall have legal nonconforming status if:

The sign is a permanent sign; and
The annexation was not conditioned upon the removal or modification of the sign.

Effective on: 1/1/1901

Sec. 6-19.2.6 Nonconforming Parking

Nonconforming parking refers to parking spaces, drive aisles, and loading areas that do not conform to the requirements of this code that are set out in Article 9, Parking and Loading, in terms of their number or dimensions or the surfacing and maintenance of off-street parking areas.

Effective on: 1/1/1901

Sec. 6-19.2.7 Nonconforming Lots

Generally. Nonconforming lots are lots that were lawfully created before the effective date of this Unified Development Ordinance, or amendments hereto, but which no longer comply with the lot width, frontage, area, or access requirements of this Unified Development Ordinance.

Exception. All lots within the NC district (and the corresponding subdistricts) that were lawfully created before the effective date of this Unified Development Ordinance are conforming. See Section 1-2.2.1, Establishment of Zoning Districts, Subsection B., Neighborhood Conservation District and Subdistricts.

Effective on: 1/1/1901

Sec. 6-19.3.1 Termination, Restoration, and Removal

Generally. This Section sets out the standards for when a nonconformity must be terminated or removed, and when it is allowed to be restored after temporary cessation, damage, or destruction.

Nonconforming Uses.

If a major nonconforming use is discontinued for a period of six months, for any reason, whether or not the equipment or fixtures are removed, it shall not be resumed.
If a nonconforming mobile home or nonconforming manufactured home is discontinued for a period of 180 days, for any reason, it shall not be resumed. The applicant for compliance under this Section shall provide the Director with a notarized letter stating that the replacement occurred within 180 days of the discontinuance of the previous home.
If a nonconforming nonresidential use is discontinued for a period of six months, for any reason, whether or not the equipment or fixtures are removed, a valid, non-revoked business license shall have been issued for the use within the previous nine months.
If a minor nonconforming use is discontinued for a period of six months, for any reason, whether or not the equipment or fixtures are removed, it shall not be resumed. However, if an application for conversion of the use is filed pursuant to Division 6-19.5, Conversion of Nonconformities, before the end of the six month period, the use may be resumed as a conforming use after the period expires if the application is granted.

Nonconforming Buildings, Structures, and Elements of Buildings or Structures.

If a nonconforming building or structure or a nonconforming element of a building or structure is damaged or destroyed by any means, or declared unsafe by the Building Official to an extent that repairs would exceed more than 50 percent of the replacement cost of the building or structure or a damaged nonconforming element of a building or structure, the building, structure, or elements of the building or structure shall be reconstructed in conformity with the provisions of this Unified Development Ordinance.
If the reconstruction cost and/or area of reconstruction (whichever is less) is less than or equal to 50 percent of the cost of replacement or area of the building, structure, or elements of the building or structure, respectively, then the building, structure, or elements of the building or structure may be strengthened or restored to a safe condition provided that:
1. The original nonconformity is not enlarged, increased, or extended;
2. Building permits are obtained for repairs within six months of the date the building, structure, or elements of the building or structure was damaged or, if no date can be reasonably established for the damage, the date that the Building Official determines that the building is unsafe; and
3. The construction is commenced within 12 months after obtaining the required building permits.

Nonconforming Landscaping. Multifamily, nonresidential, and mixed use properties that are nonconforming with respect to the standards of Division 4-10.2, Development Landscaping; Division 4-10.3, Bufferyards; and Division 4-12.5, Riparian Buffers, shall be brought into compliance when the property is redeveloped, and shall be brought into compliance as set out in Division 6-19.4, Compliance Thresholds.

Nonconforming Signs or Sign Elements.

Restoration. A nonconforming sign which has been damaged by fire, wind, or other cause in excess of 50 percent of its replacement cost shall not be restored except in conformance with this Unified Development Ordinance.
Replacement of Nonconforming Element. If an element of a sign that causes the sign to be nonconforming is removed, it shall not be replaced, except with a conforming element.
Discontinuance of Message. If a nonconforming sign structure does not display any message for a period of 30 days, it shall be removed or brought into conformance with this Unified Development Ordinance. For the purposes of this standard, a temporary "sock sign" may be used to display a message while a new sign face is being designed and fabricated.
Removal. If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign conforms to this Unified Development Ordinance.
Unsafe Signs. Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign conforms to this Unified Development Ordinance.

Nonconforming Parking.

Number of Parking Spaces.
1. If an existing building or use is expanded, additional parking shall be required only in proportion to the new area of the building or use, as set out in Division 6-19.4, Compliance Thresholds.
2. If the use of a building changes, resulting in additional demand for parking, additional parking shall be provided in an amount equal to the difference between the requirements of the former use (not the actual parking provided on-site) and the requirements for the new use, as set out in Division 4-9.2, Required Parking and Loading. However, a permit for the new use may be denied if the available parking is less than 75 percent of the required parking.
3. If an existing building is redeveloped, parking shall be provided as required by Article 9, Parking and Loading.
Size of Parking Spaces and Drive Aisles. Parking spaces and drive aisles shall be sized according to the requirements of Article 9, Parking and Loading, when so required by Division 6-19.4, Compliance Thresholds.

Effective on: 1/1/1901

Sec. 6-19.3.2 Nonconforming Lots; Construction and Combination

Nonconforming Lots.

Construction on Nonconforming Lots. A nonconforming lot that does not meet district requirements with respect to area, lot width, or frontage may be built upon if:
1. The lot is a lot of record;
2. The use is permitted in the district in which the lot is located;
3. The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use;
4. All yards or height standards are complied with, except that the Director may authorize a reduction of required yards of up to 10 percent, provided that the Director finds that the reduction does not allow a building that would be larger than permitted on a conforming lot. Yard reductions that are greater than 10 percent shall make application for a variance.
5. In certain zoning districts, alternative setbacks as provided for in Section 2-5.2.2 "Alternative Setback Standards" and Section 2-6.1.1 "General Development Standards - Non-Residential" may also be applicable.
Re-subdivision. A nonconforming lot shall be brought into compliance if the owner applies for a re-subdivision that involves the lot.

Combination of Lots to Increase Conformity.

Where a landowner owns several abutting lots that do not conform to the dimensional requirements of the district in which they are located, they shall be combined to create fully conforming lots or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
The City will not require the combination of lots if:
1. The combination of lots would not address a nonconformity; and
2. Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down in order to comply with this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-19.3.3 Changes of Use and Reuse of Nonconforming Buildings

Generally. A nonconforming use shall not be changed to another nonconforming use.

Effect of Change of Use.

If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed.
If the use of only a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not be changed back to the nonconforming use.

Effective on: 1/1/1901

Sec. 6-19.3.4 Repairs and Modifications

Generally. Repairs and modifications to nonconforming buildings, structures, and signs are permitted as provided in this Section.

Repairs and Alterations.

Buildings and Structures. Routine maintenance of nonconforming buildings and structures is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming buildings or structures or materially extend their life. This standard also applies to buildings or structures that house nonconforming uses if they are designed in a way that is not suitable for re-use as a conforming use. If the building is conforming and could be re-used for a conforming use, there is no limitation on its maintenance.
Buildings Containing Major Nonconforming Uses. No building or structure that contains a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
Signs. Routine maintenance of nonconforming signs is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming sign or materially extend its life. This standard applies to changing the message of a sign by replacing or repainting the sign face.
Structural Alterations. Structural alterations to nonconforming buildings, structures, and signs are permitted only if it is demonstrated that the alteration will eliminate the nonconformity or reduce it in accordance with the standards of Division 6-19.4, Compliance Thresholds.

Expansion of Nonconforming Uses.

Major Nonconforming Uses. Major nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not occupied on the effective date of this Unified Development Ordinance or any amendment that made the use a major nonconforming use.
Minor Nonconforming Uses. No minor nonconforming use shall be expanded or extended in such a way as to:
1. Occupy any open space or landscaped surface area that is required by this Unified Development Ordinance;
2. Exceed building coverage, impervious surface area, intensity, or height limitations of the zoning district in which the use is located;
3. Occupy any land beyond the boundaries of the property or lot as it existed on the effective date of this Unified Development Ordinance; or
4. Displace any conforming use in the same building or on the same parcel.

Effective on: 1/1/1901

Sec. 6-19.4.1 Purpose

The purpose of this Division is to encourage reinvestment in existing buildings and properties by reasonably mitigating the costs of retrofitting existing buildings and sites to achieve full compliance with this Unified Development Ordinance. This Division does not relate to building code compliance or compliance with applicable engineering standards.

Effective on: 1/1/1901

Sec. 6-19.4.2 Administrative Compliance Requirements

Set out in Table 6-19.4.2, Administrative Compliance Requirements, are the levels of reinvestment in property that trigger compliance with the regulations set out in this Unified Development Ordinance.

Table 6-19.4.2 Administrative Compliance Requirements
Type of Improvement	Definition of Improvement	Level of Compliance that is Required
New development or redevelopment	Development of vacant sites; Expansion of a building by more than 70 percent of its gross floor area; and Tear-down and reconstruction of a building (except re-establishment of a nonconforming use or building pursuant to Division 6-19.3, General Regulations).	Full compliance with all provisions of this Unified Development Ordinance is required. Compliance with Section 6-19.3.2, Nonconforming Lots; Construction and Combination is sufficient with respect to lot dimensions.
Major expansions	Expansion of a building by 30 percent to 70 percent of its gross floor area, or an increase in parking requirements of more than 20 percent, as set out in Division 4-9.2, Required Parking and Loading.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking spaces shall be provided according to the applicable regulations set out in Section 6-19.3.1, Termination, Restoration, and Removal. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Bufferyards shall be provided as required by Division 4-10.3, Bufferyards. Improvements that are needed to ensure public safety and safe access and circulation are required. Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and / or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Major nonconforming uses shall be discontinued.
Minor expansions	Expansion of a building by less than 30 percent of its gross floor area or an increase in parking requirements of 20 percent or less, as set out in Division 4-9.2, Required Parking and Loading.	New parking spaces and drive aisles shall be dimensioned as required by Article 9, Parking and Loading, if the new dimensions would not be detrimental to safe circulation when combined with the existing lot. Major nonconforming uses shall be discontinued. If height is increased by more than 20 percent within 50 feet of a district boundary line or if the expansion reduces the dimension between the building and a district boundary line, bufferyards shall be brought into compliance with Section 4-10.3.2, District Bufferyard Standards.
Facade and site improvements	Building or architecture changes or site improvements that do not involve expansion of the building or parking, but will change the physical character of the building or site beyond repair and maintenance.	Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and/or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Improvements affected by the proposed site improvements that are needed to ensure public safety and safe access and circulation are required.
Parking lot improvements	Drainage, expansion, or reconstruction improvements, but not restriping alone unless the restriping according to the standards of Article 9, Parking and Loading, results in reduction of the area of the existing parking spaces by more than 10 percent.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking lot landscaping shall be provided as required by Section 4-10.2.3, Parking Lot Landscaping, even if it results in a reduction in the number of parking spaces, but only to the extent that the reduction does not result in a parking lot that contains less than 95 percent of the required parking spaces set out in Division 4-9.2, Required Parking and Loading.

Table 6-19.4.2 Administrative Compliance Requirements
Type of Improvement	Definition of Improvement	Level of Compliance that is Required
New development or redevelopment	Development of vacant sites; Expansion of a building by more than 70 percent of its gross floor area; and Tear-down and reconstruction of a building (except re-establishment of a nonconforming use or building pursuant to Division 6-19.3, General Regulations).	Full compliance with all provisions of this Unified Development Ordinance is required. Compliance with Section 6-19.3.2, Nonconforming Lots; Construction and Combination is sufficient with respect to lot dimensions.
Major expansions	Expansion of a building by 30 percent to 70 percent of its gross floor area, or an increase in parking requirements of more than 20 percent, as set out in Division 4-9.2, Required Parking and Loading.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking spaces shall be provided according to the applicable regulations set out in Section 6-19.3.1, Termination, Restoration, and Removal. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Bufferyards shall be provided as required by Division 4-10.3, Bufferyards. Improvements that are needed to ensure public safety and safe access and circulation are required. Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and / or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Major nonconforming uses shall be discontinued.
Minor expansions	Expansion of a building by less than 30 percent of its gross floor area or an increase in parking requirements of 20 percent or less, as set out in Division 4-9.2, Required Parking and Loading.	New parking spaces and drive aisles shall be dimensioned as required by Article 9, Parking and Loading, if the new dimensions would not be detrimental to safe circulation when combined with the existing lot. Major nonconforming uses shall be discontinued. If height is increased by more than 20 percent within 50 feet of a district boundary line or if the expansion reduces the dimension between the building and a district boundary line, bufferyards shall be brought into compliance with Section 4-10.3.2, District Bufferyard Standards.
Facade and site improvements	Building or architecture changes or site improvements that do not involve expansion of the building or parking, but will change the physical character of the building or site beyond repair and maintenance.	Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and/or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Improvements affected by the proposed site improvements that are needed to ensure public safety and safe access and circulation are required.
Parking lot improvements	Drainage, expansion, or reconstruction improvements, but not restriping alone unless the restriping according to the standards of Article 9, Parking and Loading, results in reduction of the area of the existing parking spaces by more than 10 percent.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking lot landscaping shall be provided as required by Section 4-10.2.3, Parking Lot Landscaping, even if it results in a reduction in the number of parking spaces, but only to the extent that the reduction does not result in a parking lot that contains less than 95 percent of the required parking spaces set out in Division 4-9.2, Required Parking and Loading.

Table 6-19.4.2 Administrative Compliance Requirements
Type of Improvement	Definition of Improvement	Level of Compliance that is Required
New development or redevelopment	Development of vacant sites; Expansion of a building by more than 70 percent of its gross floor area; and Tear-down and reconstruction of a building (except re-establishment of a nonconforming use or building pursuant to Division 6-19.3, General Regulations).	Full compliance with all provisions of this Unified Development Ordinance is required. Compliance with Section 6-19.3.2, Nonconforming Lots; Construction and Combination is sufficient with respect to lot dimensions.
Major expansions	Expansion of a building by 30 percent to 70 percent of its gross floor area, or an increase in parking requirements of more than 20 percent, as set out in Division 4-9.2, Required Parking and Loading.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking spaces shall be provided according to the applicable regulations set out in Section 6-19.3.1, Termination, Restoration, and Removal. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Bufferyards shall be provided as required by Division 4-10.3, Bufferyards. Improvements that are needed to ensure public safety and safe access and circulation are required. Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and / or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Major nonconforming uses shall be discontinued.
Minor expansions	Expansion of a building by less than 30 percent of its gross floor area or an increase in parking requirements of 20 percent or less, as set out in Division 4-9.2, Required Parking and Loading.	New parking spaces and drive aisles shall be dimensioned as required by Article 9, Parking and Loading, if the new dimensions would not be detrimental to safe circulation when combined with the existing lot. Major nonconforming uses shall be discontinued. If height is increased by more than 20 percent within 50 feet of a district boundary line or if the expansion reduces the dimension between the building and a district boundary line, bufferyards shall be brought into compliance with Section 4-10.3.2, District Bufferyard Standards.
Facade and site improvements	Building or architecture changes or site improvements that do not involve expansion of the building or parking, but will change the physical character of the building or site beyond repair and maintenance.	Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and/or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Improvements affected by the proposed site improvements that are needed to ensure public safety and safe access and circulation are required.
Parking lot improvements	Drainage, expansion, or reconstruction improvements, but not restriping alone unless the restriping according to the standards of Article 9, Parking and Loading, results in reduction of the area of the existing parking spaces by more than 10 percent.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking lot landscaping shall be provided as required by Section 4-10.2.3, Parking Lot Landscaping, even if it results in a reduction in the number of parking spaces, but only to the extent that the reduction does not result in a parking lot that contains less than 95 percent of the required parking spaces set out in Division 4-9.2, Required Parking and Loading.

Table 6-19.4.2 Administrative Compliance Requirements
Type of Improvement	Definition of Improvement	Level of Compliance that is Required
New development or redevelopment	Development of vacant sites; Expansion of a building by more than 70 percent of its gross floor area; and Tear-down and reconstruction of a building (except re-establishment of a nonconforming use or building pursuant to Division 6-19.3, General Regulations).	Full compliance with all provisions of this Unified Development Ordinance is required. Compliance with Section 6-19.3.2, Nonconforming Lots; Construction and Combination is sufficient with respect to lot dimensions.
Major expansions	Expansion of a building by 30 percent to 70 percent of its gross floor area, or an increase in parking requirements of more than 20 percent, as set out in Division 4-9.2, Required Parking and Loading.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking spaces shall be provided according to the applicable regulations set out in Section 6-19.3.1, Termination, Restoration, and Removal. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Bufferyards shall be provided as required by Division 4-10.3, Bufferyards. Improvements that are needed to ensure public safety and safe access and circulation are required. Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and / or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Major nonconforming uses shall be discontinued.
Minor expansions	Expansion of a building by less than 30 percent of its gross floor area or an increase in parking requirements of 20 percent or less, as set out in Division 4-9.2, Required Parking and Loading.	New parking spaces and drive aisles shall be dimensioned as required by Article 9, Parking and Loading, if the new dimensions would not be detrimental to safe circulation when combined with the existing lot. Major nonconforming uses shall be discontinued. If height is increased by more than 20 percent within 50 feet of a district boundary line or if the expansion reduces the dimension between the building and a district boundary line, bufferyards shall be brought into compliance with Section 4-10.3.2, District Bufferyard Standards.
Facade and site improvements	Building or architecture changes or site improvements that do not involve expansion of the building or parking, but will change the physical character of the building or site beyond repair and maintenance.	Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and/or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Improvements affected by the proposed site improvements that are needed to ensure public safety and safe access and circulation are required.
Parking lot improvements	Drainage, expansion, or reconstruction improvements, but not restriping alone unless the restriping according to the standards of Article 9, Parking and Loading, results in reduction of the area of the existing parking spaces by more than 10 percent.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking lot landscaping shall be provided as required by Section 4-10.2.3, Parking Lot Landscaping, even if it results in a reduction in the number of parking spaces, but only to the extent that the reduction does not result in a parking lot that contains less than 95 percent of the required parking spaces set out in Division 4-9.2, Required Parking and Loading.

Effective on: 1/1/1901

Sec. 6-19.5.1 Purpose

Many minor nonconforming uses have existed for a period of time, and some may have only recently become nonconforming. In some instances, minor nonconforming uses are integral parts of the City's character and function, so their continuing existence promotes the City's policy objective of protecting its neighborhoods. In these instances, the classification "nonconformity" and resulting restriction on investment will not achieve desired outcomes. This Division allows the City to restore such uses to conforming status on a case-by-case basis.

Effective on: 1/1/1901

Sec. 6-19.5.2 Procedure

Generally. An owner of a minor nonconforming use may apply for a permitted special exception use permit, which has the effect of making the nonconforming use conforming. The criteria for permitted special exception use approval are set out in Section 6-19.5.3, Criteria for Approval.

Exclusions. This procedure does not apply to nonconforming lots, which may be buildable in accordance with the standards of Section 6-19.3.2, Nonconforming Lots; Construction and Combination.

Effective on: 1/1/1901

Sec. 6-19.5.3 Criteria for Approval

Generally. A permitted special exception use approval may be granted to make a nonconforming building, structure, or use conforming, if, in addition to the criteria for approval of a permitted special exception use set forth in Division 1-2.8, Conditional and Permitted Special Exception Use Standards, all of the criteria of this Section are satisfied.

Approval Criteria. The building, structure, or use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood's (or district's if it is not in or adjacent to a residential neighborhood) function, as evidenced by the following demonstrations:

The neighborhood residents regularly patronize or are employed at the use (for nonresidential uses in or abutting residential neighborhoods).
Good management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts.
There is no material history of complaints about the building, structure, or use (a history of complaints is justification for denying the permitted special exception use permit, unless the conditions of the permit will eliminate the sources of the complaints).
The building, structure, or use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.

Conditions. Conditions may be imposed relative to the expansion of bufferyards, landscaping, screening, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.

Effective on: 1/1/1901

Sec. 6-19.5.4 Effect of Approval

Generally. Uses that comply with the terms of a permitted special exception use permit issued in accordance with this Division are converted from "legally nonconforming uses" to "conforming uses" by virtue of the issuance of the permit.

Written Approval. Permitted special exception use approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.

Annotation of Zoning Map. Upon granting a permitted special exception use permit and the applicant's demonstration of compliance with any conditions placed upon it, the Director shall place an annotation on the Official Zoning Map stating that the property has a permitted special exception use permit, as well as the permit number and date of approval.

Effective on: 1/1/1901

Sec. 6-20.1.1 Purpose

Generally. The purpose of this Article is to set out the development review bodies that are responsible for the administration of this Unified Development Ordinance. This Article describes the roles and responsibilities and general rules of procedure of the City Council, Planning Commission, Board of Zoning Appeals, Design Review Board, and City Staff with respect to the administration of this Unified Development Ordinance.

Administration. The bodies referenced in this Article are created in Chapter 2, Administration, and Chapter 16, Planning and Development, Code of Ordinances, which also provides details with respect to their composition, organization, and rules of procedure.

Effective on: 1/1/1901

Sec. 6-20.1.2 Applicability of Article

The City Council. The provisions of Section 6-20.2.1, City Council, are intended to establish the City Council's role with respect to decisions about individual properties pursuant to this Unified Development Ordinance. No part of this Unified Development Ordinance restricts or limits any other powers that are granted to the City Council by Federal law, State statute, the City's Home Rule Charter, or the City’s Code of Ordinances, Chapter 2, Administration, Article II, City Council.

Other Administrative Bodies. The provisions of this Article that relate to other bodies are representative of the authority that the City Council has delegated to them with respect to application and enforcement of this Unified Development Ordinance, together with the authority established by the South Carolina Code.

No Implied Limitation. The provisions of this Article shall not be a limitation regarding the conduct of Boards, Councils, and Commissions where additional responsibilities or authority are set forth elsewhere in this Unified Development Ordinance, the Code of Ordinances, or through policies adopted by the City Council, or by a Board, Council, or Commission as approved by the City Council.

Effective on: 1/1/1901

Sec. 6-20.2.1 City Council

Generally. The City Council has all powers conferred upon it by the City's Charter and the constitution and laws of the State of South Carolina. With respect to decision-making pursuant to this Unified Development Ordinance, in addition to the authority to act by ordinance as set out in Section 2-26, Ordinances - Matters requiring, Chapter 2, Administration, Code of Ordinances, the City Council will exercise the powers set out in this Section.

Approvals. After a public hearing is held and after reports and recommendations are provided by the Director, Planning Commission, or another board or commission of the City, the City Council shall hear and decide the following applications:

Plans and programs for the development and redevelopment of its area of jurisdiction. This includes, but not limited to, amending the text and maps of the Comprehensive Plan from time to time;
Other policies or procedures to facilitate implementation of planning elements;
Amendments to the downtown design guidelines;
Proposed covenants, conditions, and restrictions as set out in this Unified Development Ordinance;
Proposed amendment of the text of this Unified Development Ordinance;
Proposed amendment of the Official Zoning Map;
Variances that are not under the authority of the Board of Zoning Appeals;
Petitions for designation of historic properties and districts, upon recommendation of the Florence Design Review Board; and
Any other action not delegated to any other board or commission as the City Council may deem desirable and necessary to implement the provisions of this Unified Development Ordinance and the goals and objectives of the City, provided such action is not contrary to the requirements of this Unified Development Ordinance, the City Charter, or State law.

Appeals. The City Council shall hear and decide appeals from decisions of the Planning Commission after a public hearing, as set out in Division 6-21.5, Standardized Development Review Procedures.

Effective on: 1/1/1901

Sec. 6-20.2.2 Planning Commission

Generally. The Planning Commission is authorized by Section 6-29-310, et seq.(and all that follows) South Carolina Code of Laws, more specifically including the Local Government Comprehensive Planning Enabling Act of 1994. This Section is adopted pursuant to this statutory authorization. Consequently, amendment of the statute after the effective date may modify, delete, or supplement the provisions of this Section.

Created. A Planning Commission is created pursuant to Section 6-29-320, South Carolina Code of Laws.

Function. The Planning Commission shall undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare, as well as the efficiency and economy of its area of jurisdiction. Further requirements for the conduct of the planning function are set out in Section 6-29-340, South Carolina Code of Laws.

Powers and Duties. The Planning Commission is delegated the following powers:

Review and Decision after a Public Hearing. The Planning Commission shall review and decide after a public hearing the following types of applications for development approval:
1. Sketch plans, development plans, and final plats; and
2. Re-subdivision or amendments to approved plats.
Review and Recommendation after a Public Hearing. The Planning Commission shall review and make a recommendation to the City Council for the following types of applications:
1. Amendments to the text of this Unified Development Ordinance; and
2. Proposed amendment of the Official Zoning Map.
Studies and Policy Recommendations to the City Council. The Planning Commission is empowered to, on its own initiative or as requested by the City Council to:
1. Hear, recommend, approve or determine any matter relating to any issue under this Unified Development Ordinance referred to it by the Director (according to applicable procedures of this Unified Development Ordinance) that would not otherwise require a hearing;
2. Submit reports, plans and recommendations for the orderly growth, development and welfare of the City; and
3. Periodically review this Unified Development Ordinance, the Comprehensive Plan, and other plans of the City, and make recommendations regarding amendments.
Other Powers of the Planning Commission.
1. Make final decisions on sketch plans and, as necessary, on development plans and final plats (including acceptance and authorization of revisions to final plats)
2. Approve configurations and the associated lot depths for non-standard blocks (see Section 4-14.2.3, Blocks).
3. Approve exceptions to the rule that every lot front or abut on a public street (see Section 4-14.2.4, Lots, Subsection L, Access).
4. Deem the appropriateness of whether or not a subdivider/development is required to donate land for public facilities (see Section 4-13.2.1, Public Sites and Open Space Dedication).
5. Review prior to final plat approval a property owners’ association declaration and proposed legal covenants regarding private ownership of a public site (see Section 4-13.2.1, Public Sites and Open Space Dedication).
6. Consider whether or not to approve above-ground wiring in an industrial park or for some unusual commercial or industrial situation (Section 4-13.4.6, Underground Wiring).
7. Receive as information, plats identified as exceptions by State Law under the definition of a subdivision, including the following:
  1. the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority;
  2. the division of land into parcels of five acres or more where no new street is involved and plats of these exceptions are received as information by the City, which shall indicate that fact on the plats; and
  3. the combination or recombination of entire lots of record where no new street or change in existing streets is involved
8. Accept a final plat for subdivisions which do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets, because all necessary public facilities are adequate and existing.
9. Approve, with contingencies, or deny a request for appeal of a staff decision or to develop without mitigation efforts where the level of service (LOS) for a thoroughfare adjacent to a proposed development is below an acceptable level.
10. Consider and approve the use of service alleys in residential, commercial, or industrial developments (see Section 4-13.3.7, Service Alleys).
11. For marginal access streets, accept alternate right-of-way widths upon review and recommendation of the Director (see Section 4-13.3.3, Street Standards).
12. Upon recommendation of the Public Works and Utilities Department, grant exceptions to the sidewalk requirements if rendered impractical or unnecessary by reason of physical conditions or the provision of an alternate means of pedestrian access and movement (see Section 4-13.3.12, Sidewalks).
13. Modify the standards and requirements of Part 4, Site Design and Development in the case of a plan for cluster or mixed use development, or other creative developments that may be facilitated if certain standards are varied, in order to provide a subdivider/developer with maximum flexibility in the design and character of creatively designed developments (see Section 4-15.2.1, Modification of Standards).
14. Modify, vary, or waive the regulations, including the imposition of other reasonable conditions, of Part 4, Site Design and Development in order that a subdivider/developer may subdivide property in a reasonable manner, provided that such modification, variation, or waiver will not nullify the intent or purpose of this Unified Development Ordinance and that the public welfare, interest of the City, and the protection of the surrounding area (see Section 6-20.2.2, Planning Commission).
15. Hear and decide appeals from decisions of staff and the Florence Design Review Board.

Referral of Matters to Commission; Reports. The City Council may refer any matters or class of matters to the Planning Commission, with the provision that final action on it may not be taken until the Planning Commission has submitted a report on it or has had a reasonable period of time, as determined by the City Council, to submit a report.

Authority.

In general, the Planning Commission has the powers as may be necessary to enable it to perform its functions and promote the planning of its jurisdiction.
All public officials shall, upon request, furnish to the Planning Commission, within a reasonable time, such available information as it may require for its work.
The Planning Commission, its members and employees, in the performance of its functions, may enter upon any land with consent of the property owner or after 10 days' written notification to the owner(s) of record, make examinations and surveys, and place and maintain necessary monuments and marks on them, provided, however, that the Planning Commission shall be liable for any injury or damage to the property.

Membership, Qualifications and Terms of Office.

The composition and terms of office of the Planning Commission is as set out in the Code of Ordinance, Chapter 16, Planning and Development, Article I, City Planning Commission, Section 16-2, Composition of Commission.
The City Council shall select the Planning Commissioners based on the following criteria:
1. No Planning Commissioner shall hold an elected public office in the City;
2. Planning Commissioners shall pledge their commitment to fulfilling the requirements of Section 6-29-1340, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act.
3. Planning Commissioners shall have appropriate professional expertise, knowledge of the community, and concern for the future welfare of the community and its citizens; and
4. The Planning Commission shall represent a broad cross-section of the interests and concerns within the City.

Removal and Vacancies.

Removal. The removal of a Planning Commission shall be handled as set out in the Code of Ordinance, Chapter 16, Planning and Development, Article I, City Planning Commission, Section 14-3, Removal of Members.
Filling Vacancy. The City Council shall fill a vacancy in the membership of the Planning Commission in the same manner as the original appointment. The Planning Commissioner who fills the vacancy shall serve for the remaining duration of the term of the Planning Commissioner who vacated the position.

Organization; Meetings; Procedural Rules; Records; Purchases. The Planning Commission shall organize itself in accordance with Section 6-29-360, et seq., South Carolina Code of Laws.

Effective on: 1/1/1901

Sec. 6-20.2.3 Board of Zoning Appeals (BZA)

Generally. The Board of Zoning Appeals is authorized by Section 6-29-780, et seq.(and all that follows) South Carolina Code of Laws and is established by Code of Ordinances, Chapter 16, Article II, City Board of Zoning Appeals. It is herein referred to as the "BZA."

Powers and Duties. The BZA shall have the following powers and duties:

Special Exceptions. The BZA shall hear and approve or deny applications for permitted special exception uses, as set out in Division 1-2.7, Land Uses, and subject to the provisions of Division 1-2.8, Conditional and Permitted Special Exception Uses.
Variances. The BZA shall hear and approve, approve with conditions, or deny applications for variances from the zoning requirements, excluding land uses, of this Unified Development Ordinance after a public hearing.
Appeals. The BZA shall hear appeals of alleged errors in any determination made by the Director as to the interpretation of this Unified Development Ordinance, and shall either grant or deny the appeal.

Referral of Matters to Commission; Reports. If the BZA believes that the standard for granting a variance, permitted special exception use, or an appeal have not been met, but that the applicant has made a reasonable argument instead that there may be grounds for review of a provision of this Unified Development Ordinance, then the BZA shall forward a report on the matter to the Planning Commission for discussion. The Planning Commission retains full discretion regarding enforcement of the specified Unified Development Ordinance provision, and shall only act upon the BZA’s report if it concurs that a text amendment may be reasonable. Upon such a general finding, the Planning Commission shall place the item on a subsequent agenda for further discussion or consideration.

Effective on: 1/1/1901

Sec. 6-20.2.4 Design Review Board (DRB)

Generally. The Florence Design Review Board is authorized by Section 6-29-870, et seq., South Carolina Code of Laws and is established by Code of Ordinances, Chapter 16, Article III.

Jurisdiction. The jurisdiction of the Board, in general, is the City limits. The jurisdiction of the Board for the recommendation of properties to be designated historic is the City limits. The jurisdiction of the Board for the review of proposed alteration to exteriors of buildings, new construction, and demolition is the individual properties and areas that have been designated by the City Council as historic.

Powers and Duties. In accordance with the prescribed procedures and guidelines, the Board shall have the power to approve, approve with modifications, or deny approval for such applications for all construction within historic districts and construction or demolition pertaining to or affecting duly designated historic properties. Furthermore, they shall have the following powers and duties:

To adopt procedural regulations as necessary to carry out the business of the Board;
To keep a register of all properties and structures that have been designated by City Council as historic, as landmarks or as historic districts, including all information required for each such designation;
Recommend criteria for the designation of historic properties and the delineation of historic districts, which may be adopted by the City Council.
To advise and assist owners of all properties or structures within the overlay districts on the physical and financial aspects of preservation, renovation, rehabilitation, and reuse and, where appropriate, to advise such owners of the procedures of the inclusion of structures on the National Register of Historic Places;
To work in conjunction with the Director, acting as the Downtown Planning Coordinator, to inform and educate the citizens of Florence concerning the Downtown historic and architectural heritage.
To consider, analyze, and make a determination with respect to all applications for a Certificate of Appropriateness by applying the design guidelines set out in Section 4-16.2.3, Standards to the project and property in question;
To make recommendations for amendments to the design guidelines for any of the overlay districts with final approval of the design guidelines to be accomplished by the City Council by resolution. Once approved, to implement any amendments to the design guidelines.
To assist the public entities in the development of streetscapes within the overlay districts which are consistent with the information contained in the design guidelines.
Make recommendations to the City Council concerning the utilization of federal, state, local or private funds or tax incentives to promote the preservation or rehabilitation of heritage properties and historic districts within the City.
To hear and act upon appeals regarding the acceptance and granting of a Certificate of Compliance by the Director, acting as the Downtown Planning Coordinator.

Responsibilities. The responsibilities of the Board are to:

Promote the purposes and objectives of this Unified Development Ordinance;
Review and recommend applications to City Council regarding the designation of individual historic properties and historic districts; and
Review plans and applications for all construction within historic districts and construction or demolition pertaining to or affecting duly designated historic properties.

Membership. The Board shall consist of 10 members appointed by the Mayor and City Council. At all times, at least six members of the Board shall be residents of the City. All members of the Board shall have an interest in historic preservation. Membership on the Board shall be composed as follows:

One professional architect;
One historian, knowledgeable in local history; one person either specifically qualified by reason of education, training, or experience in the financing of commercial and residential real property or in the area of real estate;
One person actively engaged in business, commerce, or industry;
One commercial general contractor duly licensed by the State of South Carolina;
One professional structural engineer;
One person specifically qualified by reason of education, training, or experience in landscape design;
One at-large resident of the City; and
Two persons actively engaged in business, commerce, or industry within the Downtown Central District as set out in Section 1-2.4.2, Establishment of Downtown Overlay Districts.

Terms and Rules of Membership.

Member Terms. Upon appointment by the City Council, the members of the Board shall serve four-year terms, or until successors are appointed, whichever is later. Provided, however, the terms of initial appointees shall be staggered so that two of the appointees shall serve initial terms of two years, four of the appointees shall serve initial terms of four years, and four of the appointees shall serve initial terms of three years. After completion of the initial terms, all members of the Board appointed by City Council shall serve four year terms.
Term Limits. Members appointed by City Council may be appointed to succeed themselves up to a maximum of three full terms. Thereafter, such members may be appointed only after they have been off of the Board for at least one year.
Removal. The Mayor and City Council may remove any member by majority vote of the City Council for cause, including repeated failure to attend meetings of the Board or for any other cause deemed sufficient by the City Council. If any seat on the Board becomes vacant due to resignation, removal, or for any reason, the City Council shall appoint a replacement within 60 days for the remainder of the unexpired term.
Member Limitations. As required by S.C. Code Section 6-29-870(C), no members shall hold any other municipal office or hold any position in the City, and all members shall serve without pay. Members may be reimbursed by the City for actual expenses incurred in the performance of their duties from available funds approved in advance.
Conflicts of Interest. Any member of the Board who has a personal or financial interest, either directly or indirectly, in any property which is the subject of, or affected by, a decision of the Board shall be disqualified from participating in the decision of the Board concerning the property.
Liability of Members. Any member of the Board acting within powers granted by this Unified Development Ordinance shall be relieved from personal liability for any damage and held harmless by the City. Any suit brought against any member of the Board shall be defended by a legal representative furnished by the City until the termination of the proceedings.

Rules of Procedure.

Officers: The officers of the Board shall be a chairman and a vice-chairman elected for one year at the first meeting of the Board in each calendar year. The officers of the Board may serve four consecutive terms. The Director, acting as the Downtown Planning Coordinator, for the City shall serve as the staff representative to the Board. The City Manager will assign a member of City staff to serve as secretary to the Board. The designated officers of the Board shall have the following authority, duties, and responsibilities:
1. Chairman: The Chairman shall be a voting member of the Board and shall:
  1. Call meetings of the Board;
  2. Preside at meetings;
  3. Act in conjunction with the Director, acting as the Downtown Planning Coordinator, as a spokesperson for the Board;
  4. Sign documents for the Board; and
  5. Perform other duties approved by the Board.
2. Vice-Chairman: The Vice-Chairman shall be a voting member of the Board and shall exercise the duties of the chairman in the absence, disability, or disqualification of the Chairman. In the absence of the Chairman and the Vice-Chairman, an acting Chairman shall be elected by the members present.
3. Secretary to the Board: The Secretary to the Board shall:
  1. Provide notice of all meetings;
  2. Assist the Chairman in the preparation of agendas;
  3. Keep minutes of meetings and hearings;
  4. Maintain the Board's records as public records;
  5. Attend to Board correspondence;
  6. Perform any other duties normally carried out by a Secretary.
Meetings.
1. Time and place. An annual schedule of regular monthly meetings shall be adopted, published, and posted at the City-County Complex in January of each year. Special meetings may be called by the Chairman upon 24-hour notice, posted, and delivered to all members of the Board and the local media. Meetings shall be held in a place to be stated in the notice, and shall be open to the public.
2. Agenda. A written agenda shall be furnished by the Secretary to each member of the Board and to the news media, and it shall be posted at least four days prior to each regular meeting and at least 24-hours prior to a special meeting. Items may be added to the agenda at a meeting by a majority vote of the members present.
3. Quorum. A majority of the members of the Board shall constitute a quorum. A quorum shall be present before any business is conducted other than rescheduling a meeting.
4. Voting. A member must be present to vote. Each member shall vote on every question unless disqualified by law. The question of disqualification shall be decided by the member(s) affected, and any such member so affected shall announce the reasons for disqualifications, have it placed in the minutes, and shall refrain from deliberation or voting on the question.
5. Public Input. Except for public hearings and additional public input sought by the Board, no person shall speak at a Board meeting unless invited to do so by the Board. The presiding officer at the Board meeting reserves the right to determine the amount of public input desired.
6. Minutes. The Secretary to the Board shall prepare minutes of each meeting for approval be the Board at the next regular meeting. Minutes shall be maintained as a public record.
7. Attendance. The minutes shall show the members in attendance at each meeting and the reason for absence submitted by any member. The Board shall recommend to the Mayor and City-Council the removal for cause of any member who is absent from three consecutive meetings without adequate reason.

Effective on: 1/15/2018

Sec. 6-20.3.1 Director of Public Works, Director of Utilities, and City Engineer

Generally. With respect to the administration of this Unified Development Ordinance, the Director of Public Works, Director of Utilities, or City Engineer, or their designees, are generally responsible for verifying that all standards and quality assurance requirements are met for public infrastructure. These staff members also may establish and promulgate construction standards for public improvements, parking areas, and other infrastructure.

Responsibilities. For the purpose of reference, the Director of Public Works, Director of Utilities, and City Engineer have the following principal duties and responsibilities with respect to the administration of this Unified Development Ordinance (this list is not intended to be exclusive or limiting). Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of that office without amendment to this Unified Development Ordinance:

Drainage Plans.
1. Prior to authorization of any building permit, review and approve all such stream flow, runoff calculations, and drainage plans as required of a subdivider/developer under the terms of this Unified Development Ordinance.
2. In those instances when underground storm drainage facilities are reasonably accessible to a proposed development, determine any special design standards required to connect an on-site drainage system to the City's system.
3. Determine the warrant and requirement for the submittal contents set out in Section 6-21.3.1, Subsection D., Environmental Permits, and the content of what is needed to conduct an appropriate drainage analysis of the site plan, grading plan, or storm drainage analysis of the site plan, grading plan, or storm drainage plans submitted to the City as part of the requirements of the site plan needed for a Certificate of Zoning Compliance and building permit.
4. Consider whether or not to waive the requirement that a registered professional engineer conduct the drainage study for minor developments.
5. Review and consider for approval waivers of the requirement of detention basins where provisions are committed or already in place that are appropriate for runoff management.
6. Review and consider exceptions to the riparian buffer requirements when disturbance is necessary to facilitate drainage in unusual circumstances.
7. Approve the location of any surface or underground drainage facilities.
8. Determine whether or not a site has sufficient space to infiltrate the runoff or to have a surface detention area in lieu of an underground stormwater detention vault.
9. Require culverts where driveways connect to existing streets with side ditch drainage facilities.
10. Require an underground piped system where open ditches are not adequate to provide satisfactory storm drainage.
11. Approve sodding or seeding of open ditches for protection from erosion.
12. Approve or disapprove the engineer interpretations of all required 50-year and 100-year flood elevations necessary to this Unified Development Ordinance and report the findings to the Director, acting as the Floodplain Administrator, for appropriate action.
13. Approve a drainage plan if it is in full compliance with all applicable standards and requirements of this Unified Development Ordinance.

2. Land Disturbance Approval. Prior to any construction, grading, or land disturbance of any nature, review applications and, as warranted, issue a certificate of approval for land disturbance.

3. Final Grading Plans. Review and approve final grading plans, which shall be pursuant to, and in compliance with, an approved final grading plan.

4. Interpretations. Make interpretations of all required 50-year and 100-year flood elevations necessary to this Unified Development Ordinance and report the findings to the Director for appropriate action.

5. Inspections: Cause to make sufficient inspections to insure compliance with the specifications set forth in this Unified Development Ordinance. A registered engineer, employed by the subdivider/developer may certify in writing that such engineer has inspected each phase of the construction of the storm drainage improvements required in this Unified Development Ordinance and said inspection certification shall meet the terms of this Unified Development Ordinance. If the improvement is intended to be dedicated to the public, make a final inspection of the improvements before accepting said improvements for dedication to the City for permanent maintenance.

6. Release of Security. Authorize the release of security for infrastructure when determined that the conditions for release of the security have been met.

Effective on: 1/15/2018

Sec. 6-20.3.2 Director of Planning, Research and Development

Generally. The Director of Planning, Research, and Development (Director) is a member of the City staff who is ultimately responsible for processing an application to decision (in case of administrative approval) or recommendation to an another review body (in case of public hearing approvals). The Director shall designate staff members to manage applications through the review process and to be points of contact for applicants, and to perform such other functions and duties as may be required of the Director by this Unified Development Ordinance. The Director may also designate review responsibilities to other members of the City Staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Council.

Duties and Responsibilities. For the purpose of reference, the Director has the following duties and responsibilities with respect to the administration of this Unified Development Ordinance. Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of that office without amendment to this Unified Development Ordinance:

General Administration. The Director shall:
1. Interpret the general intent and/or specific meaning of any portion of the Unified Development Ordinance text, position of district boundaries, district designation, or other matters relating to the Official Zoning Map.
2. Maintain the Official Zoning Map and record all amendments to and information thereon.
3. Maintain copies of this Unified Development Ordinance for public inspection and have up-to-date copies available for the public. A mailing list of Unified Development Ordinance subscribers shall be maintained to expedite notice of any annual amendments to the text of Official Zoning Map.
4. Provide public information relating to zoning matters including scheduled meetings of the Planning Commission and Board of Zoning Appeals.
5. Receive, process, and record all applications for Certificates of Zoning Compliance, zoning amendments, planned development projects, and variance requests with accompanying plans and documents, all of which shall be a public record.
6. Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking, site access, site improvements, and lots.
7. Appear before and provide assistance to the Planning Commission, Board of Zoning Appeals, and the Florence Design Review Board.
8. Revoke permits or certificates in violation of the provisions of this Unified Development Ordinance.
Floodplain Administration. In designated flood hazard areas delineated on the Federal Emergency Management Agency (FEMA) maps, the Director, acting as the floodplain administrator, shall have the additional responsibilities as outlined in Section 4-12.6 Flood Prevention.
Processing Permits and Applications. The Director shall:
1. Receive and log applications for development approval and variances;
2. Review application materials and verify that applications are complete;
3. Communicate with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application;
4. Manage the processing of applications according to Division 6-21.5, Standardized Development Review Procedures.
5. Process and review all applications (or cause the applications to be reviewed) and either decide applications or make a recommendation regarding how the application should be decided (depending upon the type of application);
6. Set applications on agendas of the Planning Commission, Board of Zoning Appeals, the Florence Design Review Board, or the City Council, as appropriate;
7. Provide public notice as may be required by the provisions in Section 6-21.5.9, Public Notice; and
8. Promptly issue written permits, resolutions, or orders that reflect the substance of approvals granted by the City pursuant to this Unified Development Ordinance.
Recommendations. The Director shall provide professional recommendations regarding:
1. Whether applications that are placed on an agenda of the Planning Commission, Board of Zoning Appeals, Florence Design Review Board, and City Council comply with the requirements of this Unified Development Ordinance, and, if not, whether conditions of approval could be imposed to bring the application into compliance (including specification of such conditions);
2. Whether amendments to this Unified Development Ordinance are advisable to, among other things:
  1. Bring the Unified Development Ordinance into conformity with state or federal requirements as they change over time;
  2. Implement amendments to the Comprehensive Plan or other adopted plans of the City; or
  3. Resolve errors, internal inconsistencies, or other administrative matters.
3. Whether amendments to the Comprehensive Plan or other adopted plans of the City are advisable to, among other things:
  1. Bring the plans into conformity with state or federal requirements as they change over time;
  2. Respond to changing demographics, physical conditions, technological advancements, or economic conditions; or
  3. Resolve errors, internal inconsistencies, or other administrative matters.
4. Whether amendments to this Unified Development Ordinance that are proposed by persons or bodies outside of the Department are appropriate to serve their stated purposes; and
5. Whether amendments to the Comprehensive Plan that are proposed by persons or bodies outside of the Department are appropriate to serve their stated purposes.
Approvals. The Director shall decide the following types of applications, as set out in Section 6-21.1.2, Administrative Permits:
1. Certificate of Zoning Compliance for permitted uses.
2. Certificate of Zoning Compliance for limited uses as set out in Division 1-2.7, Land Uses;
3. Temporary use permit;
4. Minor changes to planned development site plans;
5. Development plans;
6. Final plats, including summary approval;
7. Floodplain development permit;
8. Sign permit;
9. Certificate of Historical Appropriateness, provided the Director, acting as the Downtown Planning Coordinator, determines that the materials, paint color, design, architectural features, or style of the project or signage conforms to the application design district in the following situations:
  1. Any project or signage for which the total cost does not exceed $15,000 in which a specific determination is made by the Director, acting as the Downtown Planning Coordinator, that the subject project is not a part of a larger project:
  2. Interior modifications/maintenance or exterior maintenance, which does not change or impact the appearance of the structure, including, but not limited to, roofing, facade repairs, awnings, shutters, or window replacement. This power does not extend to those properties and structures listed on the State or National Register of Historic Places.
  3. For emergency and/or permanent repairs relating to the incident to any structure resulting from a Force Majeur, (superior or overpowering force) fire, or accident beyond the control of the property owner or tenant as long as the subject repair does not exceed 25 percent of the value of the structure as determined by the tax assessor and the materials used in the repairs are consistent with the design guidelines for the design district in which it is located.
  4. In all cases, the Director, acting as the Downtown Planning Coordinator, may, by discretion, refer the application to the Design Review Board for review and consideration with particular attention being paid to properties and structures within the H-1 Historic District.
10. Certificate of completion compliance;
11. Design review for the uses set out in Division 3-8.3, Special Building Standards;
12. Administrative waivers (including minor deviations from landscaping requirements and modifications of the approved plant list);
13. Tree removal permits; and
14. Alternative compliance with the off-street parking schedule including through special studies and credits and reductions for alternative parking.
Assignments. The Director is responsible for all other responsibilities as the City Council or City Manager may assign from time to time.
Recordkeeping. The Director shall maintain all records of development applications, including materials and outcomes.
Inspection. The Director shall inspect site improvements and landscaping for compliance with this Unified Development Ordinance and approved plans.
Enforcement. The Director shall, on an ongoing basis, identify code violations and shall enforce the provisions of this Unified Development Ordinance and approvals granted hereunder pursuant to Article 23, Enforcement and Remedies, as follows:
1. Issue building permits and certificates of occupancy.
2. Serve notice of ordinance violations and process such violations.
3. Maintain public records of violation notices, permits, and certificates, with accompanying plans and documents.
4. Revoke permits or project approvals based on false application statements or misrepresentations.
5. Stop, by written order, work being done contrary to the provisions of this Unified Development Ordinance or an approved Certificate of Zoning Compliance.
6. Institute appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of property. Initiate legal action after consultation with the Zoning Administrator, and such other local officials as appropriate.

Effective on: 1/15/2018

Sec. 6-20.3.3 Downtown Planning Coordinator

Generally. The Director, acting as the Downtown Planning Coordinator, shall be the administrative officer who shall have the responsibility for implementation and enforcement of all of the provisions relating to the overlay districts and the design guidelines set out in this Unified Development Ordinance. The Coordinator may delegate duties to subordinate officials to assist in the administration and implementation and to represent the Coordinator as needed. Ultimate responsibility to the City Manager for such implementation, enforcement, and representation shall remain with the Coordinator.

Responsibilities. The Coordinator shall accept and examine all applications for a Certificate of Appropriateness and shall coordinate with the Florence County Planning Department and the Building Official to ensure that all applications for new construction, renovation, rehabilitation, and demolition shall require a Certificate of Appropriateness if the property involved is located within the overlay districts. For landscape changes involving the removal of tress four inches in caliper or greater or the removal of any hedge or shrub group exceeding 30 inches in height, the owner/developer/agent shall submit an application for a Certificate of Appropriateness if the property involved is located within the overlay districts. Failure to comply with this requirement shall subject the owner/developer/agent to penalties as set forth in Section 1.7, Code of Ordinances.

Violations. If the Coordinator shall find that any of the provisions of this Unified Development Ordinance are being violated within the overlay districts, the Coordinator shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it. The Coordinator shall order the discontinuance of any unlawful uses of land, and, in full cooperation with the Building Official, the discontinuance of any unlawful building or demolition activity within the overlay districts or shall take any other action authorized by this Unified Development Ordinance or any other ordinance adopted by the City to ensure compliance with or to prevent violations of its provisions.

Authority. The Coordinator shall have the authority and duty to accomplish all other tasks and responsibilities assigned to that position in the design guidelines as set out in Section 4-16.2.3, Standards.

Effective on: 1/1/1901

Sec. 6-20.3.4 Building Official or other City staff as designated by the City Manager

Generally. The Building Official, or designee, shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.

Responsibilities. For the purpose of reference, the Building Official has the following duties and responsibilities with respect to the administration of this Unified Development Ordinance (this list is not intended to be exclusive or limiting). Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of that office without amendment to this Unified Development Ordinance:

Permit Review. The Building Official reviews residential, commercial, and other plan types, including plans for signs, to verify that the construction design meets the minimum code requirements and applicable City ordinances.
Inspection. The Building Official conducts and approves all building permit inspections to ensure that construction meets all applicable building code and other requirements (as applicable, including inspecting setbacks, foundation elevation, and fence and wall requirements set forth in Unified Development Ordinance).
Recordkeeping. The Building Official maintains all records as it relates to the building permit process and inspections, including materials and outcomes.
Interpretation. The Building Official interprets the building codes and other City ordinances as they relate to plans and permits.
Arbitration. The Building Official arbitrates discrepancies regarding plans, permits, and inspections.
Approvals. The Chief Building Official shall decide the following applications:
1. Building permits;
2. Sign permits; and
3. Certificates of occupancy.

Effective on: 1/1/1901

Sec. 6-21.1.1 Permits Required

Determinations, approvals, and permits are required for development in the City, as set out in this Division, by S.C. Code, and federal law.

Effective on: 1/1/1901

Sec. 6-21.1.2 Administrative Permits

Generally. Administrative permits are those that are issued by the City Staff without the requirement for a public hearing.

Administrative Permits Established. The administrative permits required by this Unified Development Ordinance are set out in Table 6-21.1.2, Administrative Permits. Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance. Other development permits may be required by S.C. Code or federal law, applicable building codes, or the Code of Ordinances.

Table 6-21.1.2 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards1
Use Permits
Certificate of Zoning Compliance	New land uses and changes in land use	Prior to establishment of a permitted use	None	Director	Division 1-2.7,Land Uses lists the permitted uses
Certificate of Zoning Compliance - Conditional Use	New conditional uses and changes in use to a conditional use	Prior to establishment of conditional use	None	Director	Division 1-2.7, Land Uses lists the conditional uses. The conditional use standards are provided in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit	Required for Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Director	See Division 1-2.9, Temporary Uses; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.3, Temporary Use Permit.
Plans and Plats
Minor Changes to PD Site Plan	Minor changes to an approved planned development site plan	Prior to the construction or development that is within the area proposed to be modified.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.4, Minor Changes to a Planned Development Site Plan.
Development Plan	New construction, reconstruction, alterations to building footprints, site development or redevelopment.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.5, Development Plan.
Final Plat, including Final Plat Revisions	Upon approval of a sketch plan and development plan and approval and acceptance of public improvements by the Department of Public Works and Utilities	Prior to connection of utilities to, or conveyance of, platted lots, whichever comes first.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.6, Final Plat.
Summary Approval of Final Plat	Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets because all necessary public facilities are adequate and existing.	Prior to the construction or development that is within the area of the final plat.	Sketch plans and development plans are not required when all public facilities are adequate and existing or when subdivisions include four or fewer lots and where those lots and buildings (if any exist) conform to the requirements of this Unified Development Ordinance and all lots are served by public infrastructure.	Director who may require improvements or studies, e.g., traffic studies, environmental impact studies, drainage analysis, etc.	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.7, Summary Approval of Final Plat.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard	Prior to commencement of construction in an area of special flood hazard or flood-related erosion hazard	None	Director, acting as Floodplain Administrator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.8, Floodplain Development Permit
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	City Engineer	See Division 4-12.6, Flood Requirements, Section 6-21.3.1, Submittal Requirements and Section 6-21.6.9, Drainage Plan.
Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	Prior to commencement of land disturbance activity	None	City Engineer	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.10, Land Disturbance Permit, Level I and Level II SWPPP.
Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Exempt signs.	Director	See Part 5, Signs; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.11, Sign Permit.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	If the Director determines that the materials, paint color, design, architectural features, or style of the project or signage does not conform to the applicable district in the situations set out in Section 6-20.3.2, Director of Planning, Research and Development.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.6.13, Certificate of Completion Compliance; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Completion Compliance	Issuance of a Certificate of Appropriateness and a Certificate of Zoning Compliance	Issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness	In the event a Certificate of Compliance is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision by writing to the Florence Design Review Board.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.13, Certificate of Completion Compliance.
Design Review of uses set out in Division 3-8.3, Special Building Standards	New construction and exterior alterations, modifications or additions to these uses and special building types. For single family attached and multiplex units, existing housing types totaling 25% or more of the gross floor area of the building.	Prior to issuance of permits that allows for new construction, exterior alteration, modifications or additions to these uses and building types.	Exterior alterations, modifications or additions to these existing uses and building types and when, at the discretion of the Director, such requests are referred for approval of the Planning Commission.	Director, unless referred to the Planning Commission	See Division 3-8.3, Special Building Standards; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.14, Design Review.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by the applicable building codes.	Prior to commencement of construction.	Certificates of Zoning Compliance are not required for maintenance work, repair work or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.15, Building Permit; and applicable building codes
Occupancy Permit	Occupancy of a building or structure	Upon completion of construction or before a change in occupancy	None	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.16, Occupancy Permit; and applicable building codes
TABLE NOTE: Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.2 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards1
Use Permits
Certificate of Zoning Compliance	New land uses and changes in land use	Prior to establishment of a permitted use	None	Director	Division 1-2.7,Land Uses lists the permitted uses
Certificate of Zoning Compliance - Conditional Use	New conditional uses and changes in use to a conditional use	Prior to establishment of conditional use	None	Director	Division 1-2.7, Land Uses lists the conditional uses. The conditional use standards are provided in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit	Required for Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Director	See Division 1-2.9, Temporary Uses; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.3, Temporary Use Permit.
Plans and Plats
Minor Changes to PD Site Plan	Minor changes to an approved planned development site plan	Prior to the construction or development that is within the area proposed to be modified.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.4, Minor Changes to a Planned Development Site Plan.
Development Plan	New construction, reconstruction, alterations to building footprints, site development or redevelopment.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.5, Development Plan.
Final Plat, including Final Plat Revisions	Upon approval of a sketch plan and development plan and approval and acceptance of public improvements by the Department of Public Works and Utilities	Prior to connection of utilities to, or conveyance of, platted lots, whichever comes first.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.6, Final Plat.
Summary Approval of Final Plat	Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets because all necessary public facilities are adequate and existing.	Prior to the construction or development that is within the area of the final plat.	Sketch plans and development plans are not required when all public facilities are adequate and existing or when subdivisions include four or fewer lots and where those lots and buildings (if any exist) conform to the requirements of this Unified Development Ordinance and all lots are served by public infrastructure.	Director who may require improvements or studies, e.g., traffic studies, environmental impact studies, drainage analysis, etc.	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.7, Summary Approval of Final Plat.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard	Prior to commencement of construction in an area of special flood hazard or flood-related erosion hazard	None	Director, acting as Floodplain Administrator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.8, Floodplain Development Permit
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	City Engineer	See Division 4-12.6, Flood Requirements, Section 6-21.3.1, Submittal Requirements and Section 6-21.6.9, Drainage Plan.
Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	Prior to commencement of land disturbance activity	None	City Engineer	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.10, Land Disturbance Permit, Level I and Level II SWPPP.
Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Exempt signs.	Director	See Part 5, Signs; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.11, Sign Permit.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	If the Director determines that the materials, paint color, design, architectural features, or style of the project or signage does not conform to the applicable district in the situations set out in Section 6-20.3.2, Director of Planning, Research and Development.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.6.13, Certificate of Completion Compliance; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Completion Compliance	Issuance of a Certificate of Appropriateness and a Certificate of Zoning Compliance	Issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness	In the event a Certificate of Compliance is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision by writing to the Florence Design Review Board.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.13, Certificate of Completion Compliance.
Design Review of uses set out in Division 3-8.3, Special Building Standards	New construction and exterior alterations, modifications or additions to these uses and special building types. For single family attached and multiplex units, existing housing types totaling 25% or more of the gross floor area of the building.	Prior to issuance of permits that allows for new construction, exterior alteration, modifications or additions to these uses and building types.	Exterior alterations, modifications or additions to these existing uses and building types and when, at the discretion of the Director, such requests are referred for approval of the Planning Commission.	Director, unless referred to the Planning Commission	See Division 3-8.3, Special Building Standards; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.14, Design Review.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by the applicable building codes.	Prior to commencement of construction.	Certificates of Zoning Compliance are not required for maintenance work, repair work or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.15, Building Permit; and applicable building codes
Occupancy Permit	Occupancy of a building or structure	Upon completion of construction or before a change in occupancy	None	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.16, Occupancy Permit; and applicable building codes
TABLE NOTE: Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.2 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards1
Use Permits
Certificate of Zoning Compliance	New land uses and changes in land use	Prior to establishment of a permitted use	None	Director	Division 1-2.7,Land Uses lists the permitted uses
Certificate of Zoning Compliance - Conditional Use	New conditional uses and changes in use to a conditional use	Prior to establishment of conditional use	None	Director	Division 1-2.7, Land Uses lists the conditional uses. The conditional use standards are provided in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit	Required for Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Director	See Division 1-2.9, Temporary Uses; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.3, Temporary Use Permit.
Plans and Plats
Minor Changes to PD Site Plan	Minor changes to an approved planned development site plan	Prior to the construction or development that is within the area proposed to be modified.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.4, Minor Changes to a Planned Development Site Plan.
Development Plan	New construction, reconstruction, alterations to building footprints, site development or redevelopment.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.5, Development Plan.
Final Plat, including Final Plat Revisions	Upon approval of a sketch plan and development plan and approval and acceptance of public improvements by the Department of Public Works and Utilities	Prior to connection of utilities to, or conveyance of, platted lots, whichever comes first.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.6, Final Plat.
Summary Approval of Final Plat	Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets because all necessary public facilities are adequate and existing.	Prior to the construction or development that is within the area of the final plat.	Sketch plans and development plans are not required when all public facilities are adequate and existing or when subdivisions include four or fewer lots and where those lots and buildings (if any exist) conform to the requirements of this Unified Development Ordinance and all lots are served by public infrastructure.	Director who may require improvements or studies, e.g., traffic studies, environmental impact studies, drainage analysis, etc.	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.7, Summary Approval of Final Plat.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard	Prior to commencement of construction in an area of special flood hazard or flood-related erosion hazard	None	Director, acting as Floodplain Administrator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.8, Floodplain Development Permit
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	City Engineer	See Division 4-12.6, Flood Requirements, Section 6-21.3.1, Submittal Requirements and Section 6-21.6.9, Drainage Plan.
Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	Prior to commencement of land disturbance activity	None	City Engineer	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.10, Land Disturbance Permit, Level I and Level II SWPPP.
Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Exempt signs.	Director	See Part 5, Signs; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.11, Sign Permit.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	If the Director determines that the materials, paint color, design, architectural features, or style of the project or signage does not conform to the applicable district in the situations set out in Section 6-20.3.2, Director of Planning, Research and Development.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.6.13, Certificate of Completion Compliance; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Completion Compliance	Issuance of a Certificate of Appropriateness and a Certificate of Zoning Compliance	Issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness	In the event a Certificate of Compliance is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision by writing to the Florence Design Review Board.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.13, Certificate of Completion Compliance.
Design Review of uses set out in Division 3-8.3, Special Building Standards	New construction and exterior alterations, modifications or additions to these uses and special building types. For single family attached and multiplex units, existing housing types totaling 25% or more of the gross floor area of the building.	Prior to issuance of permits that allows for new construction, exterior alteration, modifications or additions to these uses and building types.	Exterior alterations, modifications or additions to these existing uses and building types and when, at the discretion of the Director, such requests are referred for approval of the Planning Commission.	Director, unless referred to the Planning Commission	See Division 3-8.3, Special Building Standards; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.14, Design Review.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by the applicable building codes.	Prior to commencement of construction.	Certificates of Zoning Compliance are not required for maintenance work, repair work or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.15, Building Permit; and applicable building codes
Occupancy Permit	Occupancy of a building or structure	Upon completion of construction or before a change in occupancy	None	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.16, Occupancy Permit; and applicable building codes
TABLE NOTE: Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.2 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards1
Use Permits
Certificate of Zoning Compliance	New land uses and changes in land use	Prior to establishment of a permitted use	None	Director	Division 1-2.7,Land Uses lists the permitted uses
Certificate of Zoning Compliance - Conditional Use	New conditional uses and changes in use to a conditional use	Prior to establishment of conditional use	None	Director	Division 1-2.7, Land Uses lists the conditional uses. The conditional use standards are provided in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit	Required for Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Director	See Division 1-2.9, Temporary Uses; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.3, Temporary Use Permit.
Plans and Plats
Minor Changes to PD Site Plan	Minor changes to an approved planned development site plan	Prior to the construction or development that is within the area proposed to be modified.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.4, Minor Changes to a Planned Development Site Plan.
Development Plan	New construction, reconstruction, alterations to building footprints, site development or redevelopment.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.5, Development Plan.
Final Plat, including Final Plat Revisions	Upon approval of a sketch plan and development plan and approval and acceptance of public improvements by the Department of Public Works and Utilities	Prior to connection of utilities to, or conveyance of, platted lots, whichever comes first.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.6, Final Plat.
Summary Approval of Final Plat	Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets because all necessary public facilities are adequate and existing.	Prior to the construction or development that is within the area of the final plat.	Sketch plans and development plans are not required when all public facilities are adequate and existing or when subdivisions include four or fewer lots and where those lots and buildings (if any exist) conform to the requirements of this Unified Development Ordinance and all lots are served by public infrastructure.	Director who may require improvements or studies, e.g., traffic studies, environmental impact studies, drainage analysis, etc.	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.7, Summary Approval of Final Plat.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard	Prior to commencement of construction in an area of special flood hazard or flood-related erosion hazard	None	Director, acting as Floodplain Administrator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.8, Floodplain Development Permit
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	City Engineer	See Division 4-12.6, Flood Requirements, Section 6-21.3.1, Submittal Requirements and Section 6-21.6.9, Drainage Plan.
Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	Prior to commencement of land disturbance activity	None	City Engineer	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.10, Land Disturbance Permit, Level I and Level II SWPPP.
Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Exempt signs.	Director	See Part 5, Signs; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.11, Sign Permit.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	If the Director determines that the materials, paint color, design, architectural features, or style of the project or signage does not conform to the applicable district in the situations set out in Section 6-20.3.2, Director of Planning, Research and Development.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.6.13, Certificate of Completion Compliance; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Completion Compliance	Issuance of a Certificate of Appropriateness and a Certificate of Zoning Compliance	Issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness	In the event a Certificate of Compliance is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision by writing to the Florence Design Review Board.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.13, Certificate of Completion Compliance.
Design Review of uses set out in Division 3-8.3, Special Building Standards	New construction and exterior alterations, modifications or additions to these uses and special building types. For single family attached and multiplex units, existing housing types totaling 25% or more of the gross floor area of the building.	Prior to issuance of permits that allows for new construction, exterior alteration, modifications or additions to these uses and building types.	Exterior alterations, modifications or additions to these existing uses and building types and when, at the discretion of the Director, such requests are referred for approval of the Planning Commission.	Director, unless referred to the Planning Commission	See Division 3-8.3, Special Building Standards; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.14, Design Review.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by the applicable building codes.	Prior to commencement of construction.	Certificates of Zoning Compliance are not required for maintenance work, repair work or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.15, Building Permit; and applicable building codes
Occupancy Permit	Occupancy of a building or structure	Upon completion of construction or before a change in occupancy	None	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.16, Occupancy Permit; and applicable building codes
TABLE NOTE: Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Effective on: 1/15/2018

Sec. 6-21.1.3 Public Meeting Approvals

Generally. Public meeting approvals are issued by the City after compliance with the requirements of this Unified Development Ordinance is determined at a public meeting. Meeting approvals requiring a public hearing are noted as applicable.

Public Meeting Approvals Established. The public meeting approvals required by this Unified Development Ordinance are set out in Table 6-21.1.3, Public Meeting Approvals. Other development permits may be required by S.C. Code or federal law, applicable building codes, or the Code of Ordinances.

Table 6-21.1.3 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards1
NO PUBLIC HEARING REQUIRED
Use Permits
Temporary Use Permit	Required for Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Planning Commission	See Division 1-2.9, Temporary Uses; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.1, Temporary Use Permit.
Plans and Plats
Site Plan	All new development; all redevelopment that involves the destruction of existing buildings; all expansions of more than 20% of the floor area on a lot that already contains 20,000 square feet or more of floor area.	Prior to building permit.	Single-family dwellings on individual lots.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.2, Site Plan.
Sketch Plan	Consideration of development plan and a final plat.	Prior to commencement of land disturbance activity, development plan and final plat approval, installation of public improvements, and issuance of applicable permits.	If the Sketch Plan does not conform to the Unified Development Ordinance and other ordinances, or if staff notifies the subdivider that the Sketch Plan will conform pending required changes with which the subdivider does not concur.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.3, Sketch Plan.
Development Plan Appeal	Disapproval of a Development Plan	If staff does not approve or disapprove the Development Plan within 30 calendar days	If the subdivider/ developer defers the right to appeal and elects to modify and resubmit a nonconforming Development Plan	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.4, Development Plan Appeal.
Final Plat Appeal	Non-acceptance of required improvements and plat rejection	If staff does not approve or reject the Final Plat within 14 calendar days	If the subdivider/ developer accepts the ruling, completes the required improvements and restarts the Final Plat process	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.5, Final Plat Appeal.
Drainage or SWPPP Variance or Waiver	Exceptional circumstances applicable to the site that would create a hardship or injustice	Prior to or concurrent with the approval of a drainage plan or SWPPP	Provided variance, modification, or waiver will not nullify the intent or purpose of the Unified Development Ordinance and that of the public welfare	Planning Commission, upon concurrence of the City Engineer	See Section 6-21.4.1, Submittal Requirements and Article 12, Storm Water Management, Drainage, and Flood Prevention
PUBLIC HEARING REQUIRED
Design Review
Petition to Designate Historic Properties or Districts	Designation of properties as historic	Prior to establishment of historic properties	None	Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.6, Petition to Designate Historic Properties or Districts.
Nominations to the National Register of Historic Places	Designation on the National Register of Historic Places	Prior to proposed nominations for the National Register of Historic Places	None	Design Review Board, prior to the consideration by the State Board of Review	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.8, Nomination to the National Register of Historic Places.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	Major governmental construction projects.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Historical Appropriateness for Historically Designated Properties Outside of Downtown	Demolition, new construction, exterior alteration, modification or addition to a designated historic property	Prior to the issuance of any permit by the Building Official or Director.	Demonstration of a substantial hardship; ordinary maintenance or repair of any architectural feature of structures designated as historic when the repair does not involve a change in design, material, color, or outer appearance of the structure; or interior arrangements or alterations to the interior of a building.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties.
Variances and Appeals
Minor Adjustments	Minor deviations from the standards of this Unified Development Ordinance as applied to applications heard by the Planning Commission	Prior to approval of an application that incorporates minor deviations	None	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.15, Minor Adjustments.
Use Permits
Permitted Special Exception Use Approval	New permitted special exception uses; changes in use to a permitted special exception use; material changes to or expansion of a permitted special exception use	Prior to establishment or modification of the permitted special exception use.	None	Board of Zoning Appeals	Division 1-2.8, Conditional and Permitted Special Exception Use Standards; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.11, Permitted Special Exception Use Approval.
Text and Map Amendments
Zone Change (rezoning), including planned developments	Changing the zoning district of a parcel from one district to another.	Prior to or concurrently with the submittal of sketch plan that applies the standards of a zone to which a zone change (rezoning) is sought	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.12, Zone Change.
Text Amendments	Amendments to the text of this Unified Development Ordinance.	n/a	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.13, Text Amendments.
Historic Conservation
City designation of historic properties or districts	Designation of buildings, structures, objects, sites, and districts as historic.	n/a	None	City Council, upon recommendation of the Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation and Section 6-21.7.7, City Designation of Historic Properties or Districts.
Variances and Appeals
Variance	Deviation from the standards of this Unified Development Ordinance.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.14, Variance.
Administrative Appeal	Appeals from decisions of City staff	Within 10 days of the decision appealed	None	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-22.1.5, Administrative Appeals.
Appeals to the City Council	Appeals from decisions of the Planning Commission	Within 10 days of the decision appealed	None	City Council	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.17, Appeals to the City Council.
TABLE NOTE:1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.3 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards1
NO PUBLIC HEARING REQUIRED
Use Permits
Temporary Use Permit	Required for Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Planning Commission	See Division 1-2.9, Temporary Uses; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.1, Temporary Use Permit.
Plans and Plats
Site Plan	All new development; all redevelopment that involves the destruction of existing buildings; all expansions of more than 20% of the floor area on a lot that already contains 20,000 square feet or more of floor area.	Prior to building permit.	Single-family dwellings on individual lots.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.2, Site Plan.
Sketch Plan	Consideration of development plan and a final plat.	Prior to commencement of land disturbance activity, development plan and final plat approval, installation of public improvements, and issuance of applicable permits.	If the Sketch Plan does not conform to the Unified Development Ordinance and other ordinances, or if staff notifies the subdivider that the Sketch Plan will conform pending required changes with which the subdivider does not concur.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.3, Sketch Plan.
Development Plan Appeal	Disapproval of a Development Plan	If staff does not approve or disapprove the Development Plan within 30 calendar days	If the subdivider/ developer defers the right to appeal and elects to modify and resubmit a nonconforming Development Plan	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.4, Development Plan Appeal.
Final Plat Appeal	Non-acceptance of required improvements and plat rejection	If staff does not approve or reject the Final Plat within 14 calendar days	If the subdivider/ developer accepts the ruling, completes the required improvements and restarts the Final Plat process	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.5, Final Plat Appeal.
Drainage or SWPPP Variance or Waiver	Exceptional circumstances applicable to the site that would create a hardship or injustice	Prior to or concurrent with the approval of a drainage plan or SWPPP	Provided variance, modification, or waiver will not nullify the intent or purpose of the Unified Development Ordinance and that of the public welfare	Planning Commission, upon concurrence of the City Engineer	See Section 6-21.4.1, Submittal Requirements and Article 12, Storm Water Management, Drainage, and Flood Prevention
PUBLIC HEARING REQUIRED
Design Review
Petition to Designate Historic Properties or Districts	Designation of properties as historic	Prior to establishment of historic properties	None	Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.6, Petition to Designate Historic Properties or Districts.
Nominations to the National Register of Historic Places	Designation on the National Register of Historic Places	Prior to proposed nominations for the National Register of Historic Places	None	Design Review Board, prior to the consideration by the State Board of Review	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.8, Nomination to the National Register of Historic Places.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	Major governmental construction projects.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Historical Appropriateness for Historically Designated Properties Outside of Downtown	Demolition, new construction, exterior alteration, modification or addition to a designated historic property	Prior to the issuance of any permit by the Building Official or Director.	Demonstration of a substantial hardship; ordinary maintenance or repair of any architectural feature of structures designated as historic when the repair does not involve a change in design, material, color, or outer appearance of the structure; or interior arrangements or alterations to the interior of a building.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties.
Variances and Appeals
Minor Adjustments	Minor deviations from the standards of this Unified Development Ordinance as applied to applications heard by the Planning Commission	Prior to approval of an application that incorporates minor deviations	None	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.15, Minor Adjustments.
Use Permits
Permitted Special Exception Use Approval	New permitted special exception uses; changes in use to a permitted special exception use; material changes to or expansion of a permitted special exception use	Prior to establishment or modification of the permitted special exception use.	None	Board of Zoning Appeals	Division 1-2.8, Conditional and Permitted Special Exception Use Standards; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.11, Permitted Special Exception Use Approval.
Text and Map Amendments
Zone Change (rezoning), including planned developments	Changing the zoning district of a parcel from one district to another.	Prior to or concurrently with the submittal of sketch plan that applies the standards of a zone to which a zone change (rezoning) is sought	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.12, Zone Change.
Text Amendments	Amendments to the text of this Unified Development Ordinance.	n/a	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.13, Text Amendments.
Historic Conservation
City designation of historic properties or districts	Designation of buildings, structures, objects, sites, and districts as historic.	n/a	None	City Council, upon recommendation of the Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation and Section 6-21.7.7, City Designation of Historic Properties or Districts.
Variances and Appeals
Variance	Deviation from the standards of this Unified Development Ordinance.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.14, Variance.
Administrative Appeal	Appeals from decisions of City staff	Within 10 days of the decision appealed	None	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-22.1.5, Administrative Appeals.
Appeals to the City Council	Appeals from decisions of the Planning Commission	Within 10 days of the decision appealed	None	City Council	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.17, Appeals to the City Council.
TABLE NOTE:1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.3 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards1
NO PUBLIC HEARING REQUIRED
Use Permits
Temporary Use Permit	Required for Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Planning Commission	See Division 1-2.9, Temporary Uses; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.1, Temporary Use Permit.
Plans and Plats
Site Plan	All new development; all redevelopment that involves the destruction of existing buildings; all expansions of more than 20% of the floor area on a lot that already contains 20,000 square feet or more of floor area.	Prior to building permit.	Single-family dwellings on individual lots.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.2, Site Plan.
Sketch Plan	Consideration of development plan and a final plat.	Prior to commencement of land disturbance activity, development plan and final plat approval, installation of public improvements, and issuance of applicable permits.	If the Sketch Plan does not conform to the Unified Development Ordinance and other ordinances, or if staff notifies the subdivider that the Sketch Plan will conform pending required changes with which the subdivider does not concur.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.3, Sketch Plan.
Development Plan Appeal	Disapproval of a Development Plan	If staff does not approve or disapprove the Development Plan within 30 calendar days	If the subdivider/ developer defers the right to appeal and elects to modify and resubmit a nonconforming Development Plan	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.4, Development Plan Appeal.
Final Plat Appeal	Non-acceptance of required improvements and plat rejection	If staff does not approve or reject the Final Plat within 14 calendar days	If the subdivider/ developer accepts the ruling, completes the required improvements and restarts the Final Plat process	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.5, Final Plat Appeal.
Drainage or SWPPP Variance or Waiver	Exceptional circumstances applicable to the site that would create a hardship or injustice	Prior to or concurrent with the approval of a drainage plan or SWPPP	Provided variance, modification, or waiver will not nullify the intent or purpose of the Unified Development Ordinance and that of the public welfare	Planning Commission, upon concurrence of the City Engineer	See Section 6-21.4.1, Submittal Requirements and Article 12, Storm Water Management, Drainage, and Flood Prevention
PUBLIC HEARING REQUIRED
Design Review
Petition to Designate Historic Properties or Districts	Designation of properties as historic	Prior to establishment of historic properties	None	Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.6, Petition to Designate Historic Properties or Districts.
Nominations to the National Register of Historic Places	Designation on the National Register of Historic Places	Prior to proposed nominations for the National Register of Historic Places	None	Design Review Board, prior to the consideration by the State Board of Review	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.8, Nomination to the National Register of Historic Places.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	Major governmental construction projects.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Historical Appropriateness for Historically Designated Properties Outside of Downtown	Demolition, new construction, exterior alteration, modification or addition to a designated historic property	Prior to the issuance of any permit by the Building Official or Director.	Demonstration of a substantial hardship; ordinary maintenance or repair of any architectural feature of structures designated as historic when the repair does not involve a change in design, material, color, or outer appearance of the structure; or interior arrangements or alterations to the interior of a building.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties.
Variances and Appeals
Minor Adjustments	Minor deviations from the standards of this Unified Development Ordinance as applied to applications heard by the Planning Commission	Prior to approval of an application that incorporates minor deviations	None	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.15, Minor Adjustments.
Use Permits
Permitted Special Exception Use Approval	New permitted special exception uses; changes in use to a permitted special exception use; material changes to or expansion of a permitted special exception use	Prior to establishment or modification of the permitted special exception use.	None	Board of Zoning Appeals	Division 1-2.8, Conditional and Permitted Special Exception Use Standards; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.11, Permitted Special Exception Use Approval.
Text and Map Amendments
Zone Change (rezoning), including planned developments	Changing the zoning district of a parcel from one district to another.	Prior to or concurrently with the submittal of sketch plan that applies the standards of a zone to which a zone change (rezoning) is sought	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.12, Zone Change.
Text Amendments	Amendments to the text of this Unified Development Ordinance.	n/a	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.13, Text Amendments.
Historic Conservation
City designation of historic properties or districts	Designation of buildings, structures, objects, sites, and districts as historic.	n/a	None	City Council, upon recommendation of the Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation and Section 6-21.7.7, City Designation of Historic Properties or Districts.
Variances and Appeals
Variance	Deviation from the standards of this Unified Development Ordinance.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.14, Variance.
Administrative Appeal	Appeals from decisions of City staff	Within 10 days of the decision appealed	None	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-22.1.5, Administrative Appeals.
Appeals to the City Council	Appeals from decisions of the Planning Commission	Within 10 days of the decision appealed	None	City Council	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.17, Appeals to the City Council.
TABLE NOTE:1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.3 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards1
NO PUBLIC HEARING REQUIRED
Use Permits
Temporary Use Permit	Required for Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Planning Commission	See Division 1-2.9, Temporary Uses; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.1, Temporary Use Permit.
Plans and Plats
Site Plan	All new development; all redevelopment that involves the destruction of existing buildings; all expansions of more than 20% of the floor area on a lot that already contains 20,000 square feet or more of floor area.	Prior to building permit.	Single-family dwellings on individual lots.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.2, Site Plan.
Sketch Plan	Consideration of development plan and a final plat.	Prior to commencement of land disturbance activity, development plan and final plat approval, installation of public improvements, and issuance of applicable permits.	If the Sketch Plan does not conform to the Unified Development Ordinance and other ordinances, or if staff notifies the subdivider that the Sketch Plan will conform pending required changes with which the subdivider does not concur.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.3, Sketch Plan.
Development Plan Appeal	Disapproval of a Development Plan	If staff does not approve or disapprove the Development Plan within 30 calendar days	If the subdivider/ developer defers the right to appeal and elects to modify and resubmit a nonconforming Development Plan	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.4, Development Plan Appeal.
Final Plat Appeal	Non-acceptance of required improvements and plat rejection	If staff does not approve or reject the Final Plat within 14 calendar days	If the subdivider/ developer accepts the ruling, completes the required improvements and restarts the Final Plat process	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.5, Final Plat Appeal.
Drainage or SWPPP Variance or Waiver	Exceptional circumstances applicable to the site that would create a hardship or injustice	Prior to or concurrent with the approval of a drainage plan or SWPPP	Provided variance, modification, or waiver will not nullify the intent or purpose of the Unified Development Ordinance and that of the public welfare	Planning Commission, upon concurrence of the City Engineer	See Section 6-21.4.1, Submittal Requirements and Article 12, Storm Water Management, Drainage, and Flood Prevention
PUBLIC HEARING REQUIRED
Design Review
Petition to Designate Historic Properties or Districts	Designation of properties as historic	Prior to establishment of historic properties	None	Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.6, Petition to Designate Historic Properties or Districts.
Nominations to the National Register of Historic Places	Designation on the National Register of Historic Places	Prior to proposed nominations for the National Register of Historic Places	None	Design Review Board, prior to the consideration by the State Board of Review	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.8, Nomination to the National Register of Historic Places.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	Major governmental construction projects.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Historical Appropriateness for Historically Designated Properties Outside of Downtown	Demolition, new construction, exterior alteration, modification or addition to a designated historic property	Prior to the issuance of any permit by the Building Official or Director.	Demonstration of a substantial hardship; ordinary maintenance or repair of any architectural feature of structures designated as historic when the repair does not involve a change in design, material, color, or outer appearance of the structure; or interior arrangements or alterations to the interior of a building.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties.
Variances and Appeals
Minor Adjustments	Minor deviations from the standards of this Unified Development Ordinance as applied to applications heard by the Planning Commission	Prior to approval of an application that incorporates minor deviations	None	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.15, Minor Adjustments.
Use Permits
Permitted Special Exception Use Approval	New permitted special exception uses; changes in use to a permitted special exception use; material changes to or expansion of a permitted special exception use	Prior to establishment or modification of the permitted special exception use.	None	Board of Zoning Appeals	Division 1-2.8, Conditional and Permitted Special Exception Use Standards; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.11, Permitted Special Exception Use Approval.
Text and Map Amendments
Zone Change (rezoning), including planned developments	Changing the zoning district of a parcel from one district to another.	Prior to or concurrently with the submittal of sketch plan that applies the standards of a zone to which a zone change (rezoning) is sought	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.12, Zone Change.
Text Amendments	Amendments to the text of this Unified Development Ordinance.	n/a	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.13, Text Amendments.
Historic Conservation
City designation of historic properties or districts	Designation of buildings, structures, objects, sites, and districts as historic.	n/a	None	City Council, upon recommendation of the Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation and Section 6-21.7.7, City Designation of Historic Properties or Districts.
Variances and Appeals
Variance	Deviation from the standards of this Unified Development Ordinance.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.14, Variance.
Administrative Appeal	Appeals from decisions of City staff	Within 10 days of the decision appealed	None	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-22.1.5, Administrative Appeals.
Appeals to the City Council	Appeals from decisions of the Planning Commission	Within 10 days of the decision appealed	None	City Council	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.17, Appeals to the City Council.
TABLE NOTE:1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-21.2.1 Purpose

The purpose of this Article is to set out all of the City’s development approval procedures in one place, and to standardize them to the maximum practicable degree.

Effective on: 1/1/1901

Sec. 6-21.2.2 Application of Article

Generally. All procedures for obtaining approvals pursuant to this Unified Development Ordinance, and for appealing decisions of the City Staff or Planning Commission, are set out in this Article. This Section shall not be interpreted to limit or expand the operation of specific provisions of this Unified Development Ordinance.

Determinations, Approvals, and Permits. Part 1 through Part 5 establish the standards for land development in the City. Set out in Division 6-21.1, Determinations, Approvals, and Permits, is how land development is permitted, and which bodies are responsible for determining approval and issuing the required permits.

Submittal Standards. Set out in Division 6-21.4, Application Requirements for Public Meeting Permits, is the forms and contents required for application submittal.

Standardized Approval Procedures. Set out in Division 6-21.5, Standardized Development Review Procedures, is the standard procedural framework for considering and deciding applications for development approval. It also sets out criteria for development approval and issuance of permits.

Variances, Appeals, Protests, and Interpretations. Set out in Article 22, Variances, Appeals, and Interpretations is the requirements for seeking variances from the terms of this Unified Development Ordinance, appealing administrative decisions, protesting applications for zone changes and future land use map amendments, and seeking an official interpretation of this Unified Development Ordinance.

Text Amendments. Set out in Section 6-21.7.13, Text Amendments, is the procedures for amending the text of this Unified Development Ordinance.

Designation of Historic Places and Districts. Set out in Section 6-21.7.7, City Designation of Historic Properties or Districts is the process for designating a place or district as historic for the purpose of conservation.

Effective on: 1/1/1901

Sec. 6-21.3.1 Submittal Requirements

Use Permits.

Certificate of Zoning Compliance. A Certificate of Zoning Compliance may be issued when the Director, or an appointee, verifies that a proposed use or a change in use is permitted in the district in which it is proposed. Prohibited uses are not allowed and cannot be approved unless the property is rezoned to a district that allows the subject use. Applications for approval of a Certificate of Zoning Compliance shall be on a form approved by the Director.
1. When Required. A Certificate of Zoning Compliance is required in advance of the following:
  1. The issuance of a building permit for new construction or a building addition that alters the existing building footprint or vertical elevation.
  2. Excavation in preparation for the construction of a structure for which a building permit is required.
  3. The placement or relocation of manufactured homes.
  4. Grading, filling, surfacing, or enlarging parking areas containing more than six parking spaces for a new or changed use.
  5. Changing the use of any part of a structure or zoning lot, including any increase in the number of families or dwelling units occupying a building or lot.
  6. Installation of any sign for which a permit is required.
  7. The establishment of a temporary use.
2. When Not Required. Certificates of Zoning Compliance are not required for maintenance work, repair work, or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.
3. Repair Permits. Where an application for a Certificate of Zoning Compliance is to effect repairs only, the Director may waive the requirements of an approved plat or plan. The work to be performed shall be clearly defined in the Certificate of Zoning Compliance; however, if there is no change of land use or the repairs do not result in altering the building footprint or vertical elevation, the Certificate of Zoning Compliance is not required.
4. Submittal Contents. In addition to the information required in an application for a building permit, each application for a Certificate of Zoning Compliance shall be accompanied by a recorded plat of the lot and two copies of a scaled plan, drawn legibly on the plat or paper showing:
  1. The shape and dimensions of the zoning lot.
  2. The size and location of all existing buildings.
  3. The lines within which any proposed buildings shall be erected, altered, or moved.
  4. The locations of all building setback lines.
  5. The heights of all proposed buildings.
  6. The existing and proposed use of each building.
  7. The use of adjoining properties.
  8. The number of families or dwelling units in each existing building and the number that each proposed building is intended to accommodate.
  9. The size and location of all proposed driveways and off-street parking and loading areas containing more than six parking spaces. If in a special flood hazard area, then refer to Section 4-12.6 for additional application requirements.
  10. Other reasonable and pertinent information concerning the lot or neighboring lots as the Director may find necessary for the enforcement of this Unified Development Ordinance.
5. Waiver for Repair Only. Where an application is to effect repairs only, the Director may waive the requirement of an approved plat or plan. The work to be performed shall be clearly defined in the Certificate of Zoning Compliance.
6. Expiration. If the work described in any Certificate of Zoning Compliance has not begun within one year from the date of issuance, said certificate shall expire; it shall be canceled and written notice shall be given to the owner/developer, unless extended by the Director upon application by the owner/subdivider/developer.
Certificate of Zoning Compliance - Conditional Use. A Certificate of Zoning Compliance may be issued when the Director, or an appointee, verifies that a proposed conditional use is permitted in the district in which it is proposed. Applications for approval of a Certificate of Zoning Compliance shall be on a form approved by the Director. Depending on the nature of the proposed conditional use, the Director may request additional information to accompany the form, including:
1. A site plan;
2. Building elevation drawings;
3. Photograph of the building (if it already exists and will house the conditional use);
4. Building materials;
5. A full description of the intended use;
6. Distances from other specified uses; and
7. Other information that may be needed in order for the Director to confirm that the proposed use will meet all conditional use regulations set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit. Applications for approval of a temporary use permit shall be on a form approved by the Director.

Plans and Plats.

Minor Changes to Planned Development Site Plan.
1. Findings. Minor changes in approved planned development site plans may be approved by the Director, or an appointee, on application by the applicant, upon making a finding that such changes are:
  1. In accord with all applicable regulations in effect at the time of the creation of the planned development; or
  2. In accord with all applicable regulations currently in effect.
  3. Less than 10 percent from the original requirements.
2. Submittal Contents. See Section 6-21.4.1, Submittal Requirements, Subsection B., Plans and Plats.
Development Plan.
1. Plan Package. Once the subdivider/developer has an approved sketch plan, seven copies of a development plan submittal package may be submitted to the Director for distribution and review. The submittal package shall include the development plan and an application.
2. Plan Requirements. The Development Plan shall be drawn at a scale not smaller than one hundred (100) feet to one (1) inch. On large subdivisions, match lines shall be used, if necessary, on sheets no larger than 30" x 42". Sheets measuring 24” x 36” are preferred in order to conform to the Final Plat submittal requirements.
3. Conformance with Standards. The development plan shall meet the minimum standards of subdivision design set forth in this Unified Development Ordinance, together with the applicable fire code.
4. Submittal Contents, Generally.
  1. Proposed name of the subdivision, and name and address of the contact person, and the person or firm preparing the plan.
  2. Title, graphic scale, north arrow, and date.
  3. Vicinity map at a scale not smaller than one mile to one inch showing the relationship of the subdivision to the surrounding area.
  4. Acreage and boundaries of the parcel to be subdivided.
  5. Original signature, date, and stamp of a registered professional engineer.
  6. All drawing elements shall be submitted referencing South Carolina State Plane (SCSP) Coordinates. Elements referencing SCSP will utilize the North American Datum of 1983-1986 Adjustment (NAD83 [1986]) for horizontal control and be measured in International Feet (not US Survey Foot). Vertical control will reference the North American Vertical Datum of 1988 (NAVD88) and shall include measures using US Survey Foot. Datum information shall be noted on all plan sheets submitted for review purposes. Control of plan features may be tied to the SCSP system using traditional surveying or GPS (Global Positioning System) methods.
5. Submittal Contents, Existing Conditions.
  1. Contour lines at vertical intervals of not more than two feet. These contour lines shall extend beyond the boundaries of the parcel by 100 feet on all sides, as necessary, to show adjacent topography. The Director reserves the right to require one-foot contour intervals and intermediate spot elevations in areas suspected of extremely poor drainage;
  2. Deed record names of adjoining property owners within the subdivision;
  3. In case of re-subdivision, a copy of the existing plat with the proposed re-subdivision superimposed over the originally platted subdivision;
  4. Location of all streams, lakes, swamps, as well as any land that is subject to a one percent chance of annual flooding;
  5. Location of existing, adjoining property lines and buildings on the property to be subdivided;
  6. Location and rights-of-way of streets, roads, railroads, and utility lines either on or adjacent to the property to be subdivided. Specify whether utility lines are in easements or rights-of-way and show the locations of poles or towers;
  7. Size and location of existing sanitary and storm sewers, water mains, drains, culverts, of other underground facilities within the street or within the right-of-way of streets or roads adjoining the tract;
  8. Grades, inverts, and ground level elevations of existing sanitary and storm sewers;
  9. The acreage of each drainage area affecting the proposed subdivision;
  10. Datum information; and
  11. Location of the City limit and county lines, if applicable, and indication of the existing zoning classification and the proposed use of all land within the subdivision.
6. Submittal Contents, Proposed Conditions.
  1. Proposed layout of streets, roads, and alleys, with their widths, names, and thoroughfare classifications.
  2. Construction plans for all streets, showing their natural and finished grades, as well as the typical cross-sections for each classification or proposed street type. Additional cross-sections may be required due to unusual topography or other site conditions.
  3. Proposed layout of all lots, including lot numbers, dimensions, all easements and their widths, and the proposed use of all lots or tracts of land.
  4. All setbacks and easements.
  5. Construction plans for sanitary sewers with grade, pipe size, pipe material, locations of manholes, and points of discharge.
  6. Construction plans for the storm drainage system, in accordance with the requirements of the Municipal Utilities Ordinance.
  7. Construction plans for the water supply system with pipe sizes, pipe materials, fittings, and locations of hydrants and valves.
  8. A grading plan to show the proposed contour changes in areas where cut or fill is to be done.
  9. Proposed street lighting plan and electrical, telephone, and cable vision wire location plan showing pole locations and underground installations.
  10. Proposed sign location plan for all street name and traffic control signs to be installed, plus proposed traffic control lights.
  11. Delineation of all riparian buffers, open spaces, and designated natural areas.
  12. Proposed street tree arrangement.
Final Plat.
1. Plan Package. After completion of the physical development of all or any completed phase of the area shown on the approved development plan, the subdivider/developer or an agent shall submit four copies of a final plat submittal package to the Director for review and approval. Each submittal package shall include a final plat application, copies of all certificates that may be required, and copies of the final plat.
2. Plan Requirements. The final plat shall be drawn to scale not smaller than 100 feet to one inch or with match sheets no larger than 24" x 36.” Final plats shall be submitted in electronic format.
3. Drawings and Files.
  1. Five copies of complete record drawings of all utilities stamped, dated, and signed by the project engineer for accuracy shall be submitted along with an electronic copy (compact disk) in digital format in a form usable (CAD) by the City of Florence Engineering Office.
  2. The completed CAD drawing file shall contain text in standard fonts that can be read without third-party software. No polylines or annotations shall be stored in blocks. All blocks shall be exploded. All components of the drawing must appear on separate layers or levels (i.e. “valves” on a separate layer from “waterlines”). The numbering and/or naming of layers, colors, and line types will be in accordance with the individual Engineer’s standards, but components of the drawing must be separate and consistent in order for successful translation in order to store, manage, and maintain spatially-related (geographic) data.
  3. All drawing elements shall be submitted referencing South Carolina State Plane (SCSP) Coordinates. Elements referencing SCSP will utilize the North American Datum of 1983-1986 Adjustment (NAD83 [1986]) for horizontal control and be measured in International Feet (not US Survey Foot). Vertical control will reference the North American Vertical Datum of 1988 (NAVD88) and shall include measures using US Survey Foot. Datum information shall be noted on all plan sheets submitted for review purposes. Control of plan features may be tied to the SCSP system using traditional surveying or GPS (Global Positioning System) methods.
4. Conformance. The final plat shall substantially conform to the approved development plan and it shall meet all requirements set forth in this Unified Development Ordinance.
5. Submittal Contents. At a minimum, the final plat shall include the following:
  1. Name of the subdivision and developer, and the name and address of a contact person.
  2. Title, graphic scale, north arrow, and date.
  3. Street names, lot numbers, and street addresses for residential subdivisions;
  4. Sufficient data to readily determine and reproduce on the ground the location, bearing, and length of every road centerline, subdivision boundary line, block line, and easements whether curved or straight.
  5. All lot lines, lot dimensions, and building setback lines.
  6. Location and description of all monuments and markers.
  7. Locations of all power lines or power company easements.
  8. All rights-of-way, easements, and areas to be dedicated to public use with the purpose of each stated;
  9. Approved driveway zones for corner lots;
  10. All natural features to be conserved, including historical sites, buildings, or markers; scenic spots; water bodies; and significant stands of trees.
  11. All pre-existing or newly planted riparian buffers.
  12. The following signed certificates appearing on the final plat, which are submitted by the developer to the Director :
    1. Certificate of ownership, dedication, and taxes paid;
    2. Owner's guarantee and warranty in affidavit form.
    3. Conveyance of utilities to the City;
    4. Verification of street acceptance by the county, or a letter of acceptance from the South Carolina Department of Transportation (SCDOT) if an encroachment permit is involved;
    5. Other SC DOT certifications (as applicable);
    6. Recorded copies of any easements and deeds (if the City needs interest in real property);
    7. Certificate of acceptance of physical improvements;
    8. Guarantee of repaving;
    9. Accuracy of land survey;
    10. Engineer's letter/certificate of completion to the City of Florence;
    11. Approved escrow agreement;
    12. SC DHEC certifications/approvals to place into operation;
    13. Certificate of approval for recording; and
    14. The name, seal, signature, and registration number of the surveyor.
6. Final Plat Revisions. If it should be necessary to revise a final plat due to dimensional error, the subdivider’s surveyor, upon acceptance and authorization of the Director, shall make the necessary changes and resubmit the final plat to the Director. The Director will then sign, date, and stamp as “Approved for Recording.” The approved plat will then be made available to the subdivider/developer for recording in the Office of the County Clerk of Court.
Summary Approval of Final Plat.
1. Applicability. Summary approval of a final plan shall be allowed under the following criteria:
  1. Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets, because all necessary public facilities are adequate and existing.
  2. There will be no more than four lots in the subdivision;
  3. All lots front (or will front) on an existing street;
  4. The subdivision does not require the creation of any new street; and
  5. All lots that will be developed for residential use will be served by existing municipal facilities (water, sewer, drainage, etc.).
2. Submittal Contents. Generally, the required submittal contents for final plats shall be required for summary approval of a final plat, unless deemed unnecessary by the Director.

Design Review.

Petition to Designate Historic Properties or Districts. The Design Review Board shall review the local inventory and make recommendations for historic designation(s) to the City Council based on the petition of property owners and the criteria listed below.
1. Notification. Owners of properties proposed to be in a designated historic district shall be notified in writing 30 days prior to consideration by the Design Review Board.
2. Owner Approval or Opposition. Owners may appear before the Design Review Board to voice approval or opposition to such district designation. Any property owner may object to the decision by the City Council to designate their property as part of a historic district by filing suit against the City of Florence before the Courts of the State of South Carolina.
3. Map Designation. All locally designated historic properties and districts shall be clearly shown on the Official Zoning Map.
4. Criteria for Historic Designation. A property may be designated historic if it:
  1. has significant inherent character, interest, or value as part of the development or heritage of the community, state, or nation; or
  2. is the site of an event significant in history; or
  3. is associated with a person or persons who contributed significantly to the culture and development of the community, state, or nation; or
  4. exemplifies the cultural, political, economic, social, ethnic, or historic heritage of the community, state, or nation; or
  5. individually, or as a collection of resources, embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering; or
  6. is the work of a designer whose work has influenced significantly the development of the community, state or nation; or
  7. contains elements of design, detail, materials, or craftsmanship which represent a significant innovation; or
  8. is part of or related to a square or other distinctive element of community planning; or
  9. represents an established and familiar visual feature of the neighborhood or community; or
  10. has yielded, or may be likely to yield, information important in pre-history or history.
Nomination to the National Register of Historic Places. The Board may conduct first review and evaluation of all proposed nominations for the National Register of Historic Places for properties that are within its jurisdiction, prior to consideration by the State Board of Review. The Board may send their recommendations to the State Historic Preservation Office for consideration at the meeting of the State Board of Review. The Board shall not nominate properties directly to the National Register; only the State Board of Review shall have this final review authority unless expressly authorized by federal statute.

Environmental Permits.

Floodplain Development Permit. All development proposed within a special flood hazard area (SFHA) and all development constructed, installed, commenced, improved, or maintained within a SFHA after the effective date (to the extent permitted by this Unified Development Ordinance), is required to obtain a Floodplain Development Permit from the Director, acting as the Floodplain Administrator, in accordance with the procedures established in this Section and Division 4-12.6, Flood Prevention. The Director shall maintain records pertaining to the issuance of a Floodplain Development Permit in accordance with the responsibilities set out in Section 6-20.3.2, Director of Planning, Research, and Development, and Division 4-12.6, Flood Prevention.
Drainage Plan. (See Division 4-12.3, Storm Drainage)
1. Plan Requirements. A drainage plan shall meet the minimum standards of design set forth in this Unified Development Ordinance. All drainage work shall be in compliance with the approved drainage plan.
2. Submittal Content. When it is a requirement of this Unified Development Ordinance, a drainage plan shall be prepared by a registered engineer engaged by the subdivider/developer. This plan shall include:
  1. Major developments:
    1. A grading plan;
    2. Both existing and proposed drainage conditions;
    3. An evaluation of the ability of the proposed drainage facilities and other improvements pertaining to drainage or flood control within the development to handle the runoff which would be generated by the development;
    4. An analysis of the downstream drainage facilities and its ability to handle the existing flow and the increased flow from the development;
    5. Calculated estimates of the quantity of stormwater entering the development naturally, and estimates of such water when the upper watershed area shall have been developed for the maximum land use permitted by the future land use plan contained in the City of Florence Comprehensive Plan;
    6. Existing conditions of the watershed that may affect the proposed development, such as subsoil type, positive drainage channels, obstructions, and other such conditions;
    7. Quantities of flow at each pickup point;
    8. Estimates of temporary erosion and pollution controls necessary while the development is under construction;
    9. Description of major, primary and secondary systems;
    10. An evaluation of proposed facilities under both frequent and infrequent storms (10-year, 50-year, and 100-year). A reference to the Flood Insurance Study, City of Florence, S.C., Federal Emergency Management Agency, June 1, 1981, and Flood Plain Information, Florence, S.C., U.S. Army Corps of Engineers, October, 1967, shall be considered as information and utilized where applicable.
    11. At the time of development, any existing manmade waterway shall be included in the stormwater management plan. Modifications, including piping, may be required by the City.
    12. A list of all proposed construction and post-construction BMP's (both structural and non-structural). For post-construction structural BMP's, the list shall identify the structures that are proposed to become public.
    13. A description of all existing and proposed discharges to waters classified as Outstanding Resources Waters (ORW's), including provisions for pollution control. If no discharges are proposed, a statement to that effect shall be included.
    14. A description of all existing and proposed discharges to Source Water Protection Areas (SWPA's) including provisions for pollution control. If no discharges are proposed, a statement to that effect shall be included.
  2. Minor Developments. Minor development projects shall be studied in order to determine the adequacy of any existing storm drainage systems or the effect of proposed improvements. The Director of Public Works and Utilities may require as much or as little of the information set out in b.1 above as needed to conduct an appropriate drainage analysis of the site plan, grading plan, or storm drainage analysis of the site plan, grading plan, or storm drainage plans submitted to the City as part of the requirements of the site plan needed for a Certificate of Zoning Compliance and building permit. The Director of Public Works and Utilities may waive the requirement that a registered professional engineer conduct the drainage study for minor developments.
Stormwater Pollution Prevention Plan (SWPPP). A stormwater pollution prevention plan (SWPPP) or an application for a waiver shall be submitted to the City by the person responsible for the land disturbing activity for review and approval for a land disturbing activity, unless otherwise exempted. The SWPPP shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire land disturbing activity. The approved SWPPP shall serve as the basis for water quantity and water quality control on all subsequent construction.
1. Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan (SWPPP).
  1. Plan Requirements. A stormwater pollution prevention plan (SWPPP shall meet the standards set out in this Unified Development Ordinance. All drainage work shall be in compliance with the approved SWPPP. The person responsible for the land disturbing activity shall apply in writing, on forms provided by the City, to the Director of Public Works and Utilities for a certificate of approval for land disturbance, as well as a National Pollution Discharge Elimination System (NPDES) permit for large and small construction activities. Such application shall be accompanied by five copies of the SWPPP prepared in accordance with this Section, the procedures set out in Section 6-21.6.10, Land Disturbance Permit – Level I and Level II SWPPP, and the site design and development standards set out in Article 12, Stormwater Management, Drainage, and Flood Prevention.
  2. Submittal Contents. The requirements contained below may be indicated on one plan sheet. More detailed hydrologic or soils information may be required on a case-by-case basis by the implementing agency. Stormwater detention/retention may be required if excessive water problems are known to exist in the area. Plans shall contain the following information, as applicable:
    1. A standard application form;
    2. A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel;
    3. An anticipated starting and completion date of the various stages of land disturbing activities and the expected date the final stabilization will be completed;
    4. A narrative description of the SWPPP to be used during land disturbing activities;
    5. General description of topographic and soil conditions of the tract;
    6. A general description of adjacent property and a description of existing structures, buildings, and other fixed improvements located on surrounding properties;
    7. A sketch plan (not requiring a stamp/seal of a certified designer) to accompany the narrative which shall contain:
      1. A site location drawing of the proposed project, indicating the location of the proposed project in relation to roadways, jurisdictional boundaries, streams, and rivers;
      2. The boundary lines of the site on which the work is to be performed;
      3. A topographic map of the site if required by the city;
      4. The location of temporary and permanent vegetative and structural stormwater management and sediment control measures; and
      5. Riparian buffers and setbacks required to protect receiving waters, as set out in Article 13, Riparian Buffers and Natural Features.
    8. Certification by the person responsible for the land disturbing activity that the land disturbing activity will be accomplished pursuant to the plan and that the City or DHEC has the right to conduct on-site inspections.
2. Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan (SWPPP).
  1. Plan Requirements. Plans shall be sealed by a qualified design professional (see Submittal Contents below.
  2. Submittal Contents. Plans shall contain the following information, as applicable:
    1. A standard application form;
    2. A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel;
    3. A plan at an appropriate scale accompanied by a design report and indicating at least:
      1. The location of the land disturbing activity shown on a USGS 7.5 minute topographic map or copy.
      2. The existing and proposed topography, overlaid on a current plat showing existing and proposed contours as required by the City.
      3. The proposed grading and earth disturbance including:
        Surface area involved; and
        Limits of grading including limitation of mass clearing and grading whenever possible.
    4. Stormwater management and stormwater drainage computations, including:
      1. Pre- and post-development velocities, peak rates of discharge, and inflow and outflow hydrographs of stormwater runoff at all existing and proposed points of discharge from the site;
      2. Site conditions around points of all surface water discharge including vegetation and method of flow conveyance from the land disturbing activity; and
      3. Design details for structural controls.
    5. Erosion and sediment control provisions, including:
      1. Provisions to preserve top soil and limit disturbance;
      2. Details of site grading; and
      3. Design details for structural controls which includes diversions and swales.
    6. Federal Emergency Management Agency (FEMA) flood maps and federal and state wetland maps, where appropriate.
    7. Plans and design reports, which shall be stamped/sealed by a qualified design professional and certified that the plans have been designed in accordance with approved stormwater-related ordinances, programs, regulations, standards, and criteria.
    8. Additional information necessary for a complete project review, which may be required by the City as deemed appropriate. This additional information may include items such as public sewers, water lines, septic fields, and wells.
    9. Certification by the person responsible for the land disturbing activity that the land disturbing activity will be accomplished pursuant to the approved plan and that the City or DHEC has the right to conduct an on-site inspection. All Level II SWPPP’s submitted to the City for approval shall be certified by a designer for which the following disciplines may certify and stamp/seal plans as allowed by their respective licensing act and regulations:
      1. Registered professional engineers as described in the South Carolina Code of Laws, Title 40, Professions and Occupations, Chapter 22, Engineers and Surveyors.
      2. Registered landscape architects as described in South Carolina Code of Laws, Title 40, Professions and Occupations, Chapter 28, Landscape Architects, Section 10, Item (b).
      3. Tier B land surveyors as described in South Carolina Code of Laws, Title 40, Professions and Occupations, Chapter 22, Engineers and Surveyors.
      4. Employees of the federal government may prepare SWPPP’s with submitted to the City by the person responsible for the land disturbing activity.
      5. Other disciplines or certified professionals, including, but not limited to, a certified professional in erosion and sediment control or certified professional in stormwater quality, which have appropriate background and experience are not prohibited from taking active roles in the preparation of the SWPPP and design process. However, all plans and specifications submitted to the City for approval shall be stamped/sealed by those listed in Subsections 3(a), (b), (c), or (d) above.
    10. The selection, design, installation, and maintenance of appropriate construction and post-construction BMPs must be in accordance with the latest revision of the Stormwater Management BMP Handbook published by DHEC.A description of all existing and proposed discharges to Source Water Protection Areas (SWPA's) and waters classified as Outstanding Resource Waters (ORW's), including provisions for pollution control. If no discharges are proposed, a statement to that effect shall be included.

Other Permits.

Sign Permit.
1. Permit Requirements. A sign permit is required for the installation of a sign, other than for one listed as allowed without a permit in Table 5-17.2.1A, Number, Dimension, and Location of Permitted Signs, By Zoning District. If a proposed sign meets the standards of this Unified Development Ordinance, then the Director will issue a sign permit.
2. Submittal Contents. The following information is required, unless deemed unnecessary by the Director:
  1. A standard application form, including:
    1. Identification of the landowner or leaseholder of the property on which a sign is proposed to be erected or placed;
    2. Name and address of the landowner or leaseholder of the proposed sign and who shall be responsible for installing and maintaining the sign in accord with all applicable standards and regulations of the City; and
    3. The value of the sign and sign structure.
  2. A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel;
  3. A site plan at an appropriate scale indicating the following:
    1. Legal description and address (or addresses) of the parcel for which a sign is proposed;
    2. The zoning of the subject property (or properties);
    3. Existing and proposed/approved buildings;
    4. Boundary of the site;
    5. Location of all existing and proposed/approved street access points, private drives, and street rights-of-way, and all clear areas required by Division 4-11.3, Sight Clearance;
    6. Location of nearest pavement edge of a public street;
    7. Location and size of existing and proposed trees within 40 feet of the proposed signage;
    8. Location of all existing and proposed easements;
    9. Location of all existing and proposed freestanding signage on the site, including sign kiosks, and adjacent sites within 200 feet and relative to rights-of-way lines, building and setback lines, and bufferyards;
    10. Location of all existing and proposed attached signage on the buildings, facades, fascias, parapet walls, windows, canopies, and/or awnings that exist or are proposed to have signage;
    11. Dimensions and heights of all existing, approved, and proposed attached signs, and calculations regarding the signable area ratio, where a signage area ratio is established;
    12. Written certification from a South Carolina registered engineer or licensed architect that a sign exceeding 36 square feet in area is structurally sound and safe, does not constitute a hazard to persons or property on the premises, on adjoining property, or in the vicinity, and that the sign is in compliance with all applicable building and construction codes and the requirements of this Unified Development Ordinance.
    13. Location of the nearest:
      1. Parcel that contains or may contain a public park, public building, or public or private school.
      2. Historic site or district.
      3. Point of entrance into any area zoned for residential purposes.
    14. Sign elevations, or a design theme with illustrative examples of each sign type and the proposed general locations or each sign type, to include:
      1. Materials and colors.
      2. For freestanding signs, proposed landscaping around the base of the sign.
      3. Proposed illumination, including location of fixtures (or annotation regarding internal lighting), and proposed illumination levels.
      4. Maximum numbers of items of information per sign face.
Certificate of Historical Appropriateness in the Downtown Design Districts. See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review.
Design Review. Applications for design review shall be on a form approved by the Director. Depending on the nature of the proposed improvements and the status of the property, the Director may require additional information. The following information is required:
1. A standard application form;
2. A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel;
3. A plan at an appropriate scale indicating the following:
  1. Legal description and address (or addresses) of the parcel proposed for development;
  2. The size of the subject property (by square foot and acre);
  3. The zoning of the subject property (or properties);
  4. The size and dimensions of the lot proposed for development, together with all easements and required building setbacks;
  5. The footprint(s) and grades of the building(s) proposed for development and the building orientation relative to public and private streets and alleys;
  6. The location of adjacent and abutting properties within 200 feet, including the proximity of the proposed development to existing buildings;
  7. Boundary of the site;
  8. The gross floor area of the existing and/or proposed uses and buildings;
  9. Location of all existing and proposed/approved street access points, private drives, and street rights-of-way, and all clear areas required by Division 4-11.3, Sight Clearance;
  10. The size, arrangement, circulation pattern, number of parking spaces, and surface of all parking and vehicular use areas;
  11. Proposed landscaping, buffering, screening, and fencing in conformance with the standards and requirements set out in Article 10, Landscaping and Buffering.
  12. Location and widths of sidewalks in compliance with the standards of this Unified Development Ordinance, the Americans’ with Disabilities Act (ADA), and the requirements of SCDOT, as amended from time to time.
4. Front, side, and real elevations of the proposed unit(s) showing:
  1. Building height(s) and dimensions;
  2. Primary and secondary building entrances;
  3. Lighting fixtures;
  4. Windows and their placement, including accentuations such as shutters, awnings, or decorative framing;
  5. Percentage of the front façade composed of doors and windows;
  6. Garage doors and their dimensions, as applicable;
  7. Building architecture and design features relative to those of the existing buildings in the surrounding area;
  8. Building wall articulations such as building offsets, fenestration, rooflines, and front porches; and
  9. Wall, foundation, and roof finish materials and colors.
Building Permit.
1. Generally. A building permit is required prior to the improvement, construction, reconstruction, or repair of any existing or new building or structure, except as provided herein and except as provided in the applicable building code. By way of example and not limitation, development activities that usually require a building permit include:
  1. Installation or construction of any roofing or re-roofing, fences, or swimming pools (above and in-ground);
  2. Installation or construction of a sign, tower, shed, gazebo, shelter, deck, porch, carport, patio, kennel (anchored to ground), garage, or room addition (includes custom built or prefabricated three season rooms or sun rooms);
  3. Construction, reconstruction, repair, moving, or demolition of any residential, commercial, municipal, recreational, institutional, or industrial building or structure; and
  4. Alteration or remodeling of an existing building or structure that includes any changes in structural members, stairways, basic construction type, kind or class of occupancy, light or ventilation, means of ingress and/or egress, or any other change(s) affecting or regulated by an adopted building code or this Unified Development Ordinance, except for minor repairs or changes not involving any of the aforesaid provisions.
2. Application. Application for a building permit shall be made on a form approved by the Building Official.
Certificate of Occupancy.
1. Generally. A certificate of occupancy is required prior to the use of any land, building or structure for which a building permit is (or was) required. The certificate of occupancy certifies that the completed project complies with the provisions of this Unified Development Ordinance, the building code, approval conditions, and all other pertinent ordinances. It shall be unlawful to occupy any building or structure unless a full, partial, or temporary certificate of occupancy has been issued by the Building Official. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this Unified Development Ordinance.
2. Violation. Failure to obtain a certificate of occupancy shall be a violation of this Unified Development Ordinance.
3. Application Requirements.
  1. Application for a full, temporary, or partial certificate of occupancy shall be made on a form approved by the Building Official.
  2. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building, or structure on the same lot, provided that such accessory buildings or structures are completed at the same time as the principal use.

Effective on: 1/15/2018

Sec. 6-21.4.1 Submittal Requirements

Use Permits.

Temporary Use Permit.
1. Generally. Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales, and Class “A”, Temporary Construction Uses and Buildings are required as a precondition to establishment of the above temporary uses as set out in Division 1-2.9, Temporary Uses.
2. Application. Application for these temporary use permits shall be made on a form approved by the Director.
3. Approval Criteria. The temporary use permits established in Subsection 1., above, shall be approved if it is demonstrated that they meet the applicable substantive requirements of this Unified Development Ordinance, particularly those specified for the proposed use in Division 1-2.9, Temporary Uses.
4. Procedure. Applications for these temporary use permits are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.6, Staff Review and Referral, which shall be decided by the Planning Commission pursuant to the public meetings provisions of Section 6-21.5.10, Public Meetings and Hearings.
5. Decision. The Planning Commission shall approve, approve with conditions, or deny the application.

Plans and Plats.

Site Plan.
1. Generally. The standards of this Subsection are applied to site plans. Site plans are required as provided in Table 6-21.1.3, Public Meeting Approvals.
2. Application. Applications for approval of a site plan shall be on a form approved by the Director.
3. Plan Requirements. Site plans establish the layout of the following features on the parcel proposed for development:
  1. Infrastructure (including but not limited to access, street rights-of-way, potable water lines, sewer lines, and stormwater facilities);
  2. Utility easements;
  3. Drainage systems;
  4. Open spaces;
  5. Lot lines (if the site is being subdivided for the purposes of ownership); and
  6. In the case of nonresidential, mixed-use, and multifamily development:
    1. Landscape areas;
    2. Building pads;
    3. Service areas; and
    4. Parking areas
4. Submittal Contents:
  1. Name of proposed use or development.
  2. Sworn proof of ownership and a notarized letter of authorization from the landowner permitting a representative to process the application.
  3. The land area and legal description.
  4. The proposed land use and the area of each use in square feet.
  5. A chart comparing all of the regulations and requirements of the proposed development with those of the zoning district for proposed use(s), building heights, minimum lot area, lot width, setbacks, street frontage, building coverage, lot area proposed for development, open space ratio or landscape surface ratio (LSR), scale, gross floor area, gross floor area ratios, setbacks, and density.
  6. The existing zoning of the property.
  7. The zoning and residential density of all adjacent properties.
  8. Public and private utility service lines and/or main lines with appurtenances.
  9. Title certificate or abstract of titles covering all lands to be conveyed to the City.
  10. Treasurer's Certificate of Taxes due.
  11. If the application involves public improvements:
    1. Preliminary construction plans for the proposed public improvements including street plan and profile sheets, storm drainage improvements plans and other improvements, prepared in accordance with City standards.
    2. A preliminary pavement design report, prepared in accordance with City standards.
  12. A traffic study prepared in accordance with the provisions set out under sketch plan below.
  13. Signature block for the Director and Planning Commission chairperson.
5. Conditions of Approval. The Planning Commission may impose conditions of approval as may be necessary to ensure compliance with this Unified Development Ordinance.
Site Plan for Planned Development.
1. Generally. All planned development applications shall be accompanied by a planned development site plan in accordance with this Subsection. All sketch plans related to a planned development application shall be accompanied by a planned development site plan.
2. Binding. Approved planned development site plans shall be binding on the owner and any successor of title.
3. Submittal Contents. Planned development site plans shall include the following:
  1. Proposed name of the planned development, and name and address of the contact person, and the person or firm preparing the planned development site plan.
  2. Title, graphic scale, north arrow, and date.
  3. Vicinity map at a scale not smaller than one mile to one inch showing the relationship of the planned development to the surrounding area.
  4. Acreage and boundaries of the parcel(s) subject to the planned development.
  5. Original signature, date, and stamp of a registered professional engineer.
  6. A concept plan of the planned unit development that shows:
    1. The entire parcel of land, drawn to scale;
    2. General indication of densities and uses by location;
    3. Infrastructure locations; and
    4. Common and public open space.
  7. Development schedule, indicating approximate dates when construction will commence and terminate.
  8. Number of structures, parcel size of each lot, percent of lot coverage for each lot, and for the entire parcel.
  9. Tabulation of gross densities and intensities for each use category (e.g., residential, commercial, industrial).
  10. Types of buildings proposed, including general statements and/or sketches of exterior finishes and colors.
  11. Statement identifying the intended means of assuring permanency, continuance, and maintenance of all open/recreational space to be dedicated for use by residents of the development and/or the general public. If the City's Parks and Recreation Department is a partner in the development of open/recreational space, copies of all agreements shall be attached to the site plan.
  12. Proposed restrictive covenants.
  13. Legal description of the entire parcel.
  14. Statements or attachments indicating that the wastewater treatment plant and collection system, and the water system have capacity available for this development.
  15. General statements on the preservation of any unique environmental areas, or concerns of the parcel such as wetlands, floodplains, etc. All environmental areas shall be delineated on the site plan.
  16. General statements on environmental considerations for the placement of all infrastructure, open space, recreational areas, underground services, paved areas, and finished grade levels. These statements should also include all considerations given for these environmental areas during construction.
  17. General statements regarding the number and placement of all driveways, streets, alleys, and sidewalks including the widths and lengths of all acceleration and deceleration lanes. Parking facilities and access drives shall comply with Article 9, Parking and Loading.
  18. Recognition of all right-of-ways and easements with reference on the site plan.
  19. General statements on the number and placement of street lighting.
  20. A storm drainage plan in accordance with the standards and requirements of this Unified Development Ordinance.
  21. Erosion and sediment control plan.
  22. Landscape and buffering plan.
  23. Other related data which may be reasonably required by the Director.
4. Procedures. Planned development ordinances are approved by the City Council pursuant to the procedures set out in Division 6-21.5, Standardized Development Review Procedures.
5. Adoption. When adopting or amending a planned development ordinance, the City Council may do any of the following:
  1. Impose reasonable conditions;
  2. Condition issuance of a planned development site permit or Certificate of Zoning Compliance on the furnishing of a bond or a satisfactorily written assurance that guarantees the timely completion of a proposed public improvements in the planned development or serving the planned development; or
  3. Allow or require an owner of real property to make a written commitment.
Sketch Plan.
1. Generally. The sketch plan submittal, review, and approval process is intended to benefit the developer of a proposed project, and/or his agent, by providing an overview of the proposed development confirming that it meets the basic intent of these regulations prior to the preparation of a more formal and involved development plan submittal.
2. Pertinent Information. Subdividers/developers and their agents are encouraged to provide all pertinent information during the preliminary design phase of a project so that it may be determined if the general layout of the project meets the intent of this and any other applicable ordinances. The subdivider/developer shall submit a sketch plan of the entire tract, even if his present plans call for the development of only a part of the property.
3. Plan Requirements. The Sketch Plan shall be drawn at a scale not smaller than one hundred (100) feet to one (1) inch. On large subdivisions, match lines shall be used, if necessary, on sheets no larger than 30" x 42". Sheets measuring 24” x 36” are preferred in order to conform with the Final Plat submittal requirements.
4. Submittal Contents. At a minimum, the sketch plan shall include:
  1. A vicinity map at a scale not smaller than one (1) mile to one (1) inch showing the relationship of the proposed subdivision to surrounding areas and development.
  2. Proposed name of the subdivision with name and address of contact person.
  3. Deed record names of adjoining property owners of subdivision.
  4. The total acreage in the tract to be subdivided.
  5. Proposed street arrangements, including any dimensional information such as rights-of-way widths, cul-de-sac lengths, curve radii, etc. that may be necessary to ensure that the geometric design of the street layout meets the intent of applicable codes and regulations.
  6. Lot arrangements, including typical lot area and approximate number of lots.
  7. Sufficient additional information (e.g., setbacks) to ensure conformance with the standards and regulations of this Unified Development Ordinance.
  8. City or county boundary lines (as applicable).
  9. Existing and proposed uses of land throughout the subdivision.
  10. Existing parcel boundaries and uses of land surrounding the proposed subdivision.
  11. Street names assigned in accordance with the following guidelines, subject to the review of the Director and approval by the Planning Commission::
    1. The proposed street name must not be a duplicate name of any existing street name in the City or County.
    2. Existing street names must be used in those instances where a new street is a direct or logical extension of an existing street.
    3. Names of existing streets may be changed only when the entire length of street is included in the name change.
    4. Street name suffixes must be assigned as follows:
      1. Court, Circle or Loop are reserved for cul-de-sac or loop streets;
      2. Boulevard, Parkway and Expressway are reserved for major thoroughfares or divided streets with at least two lanes of traffic in each direction.
      3. Highway and Freeway shall be reserved for designated highways or freeways under the jurisdiction of the South Carolina Department of Transportation.
      4. A street name suffix shall not be used as part of the street name.
    5. Street name prefixes such as North, South, East, and West may be used to clarify the general location of the street. However, such prefixes must be consistent with the existing and established street naming and address numbering system of the general area in which the street is located.
    6. Alphabetical and numerical street names must not be designated except where such street is a direct extension of an existing street and is not a duplicate street name.
    7. Proper names of national figures and local elected local officials may be considered under the following criteria:
      1. The individual must be deceased;
      2. Major thoroughfares are reserved for national figures, i.e., Martin Luther King Blvd., etc.; and
      3. Local Streets may be used for national figures or local elected officials.
  12. Contour lines at vertical intervals of not more than two feet. These contour lines should extend beyond the boundaries of the parcel by a minimum of 100 feet on all sides, or as necessary to show adjacent topography.
  13. In case of re-subdivision, a copy of the existing plat with the proposed re-subdivision superimposed.
  14. Location of all streams, lakes, swamps, as well as land subject to a one percent annual chance flood.
  15. Location of existing adjoining property lines and buildings on the property to be subdivided.
  16. Location and rights-of-way of streets, roads, railroads and utility lines either on or adjacent to the property to be subdivided. Specify whether utility lines are in easements or rights-of-way and show the locations of poles or towers.
  17. The approximate location of existing and proposed utilities, including stormwater management facilities.
  18. Additional information may be required if it is deemed necessary by the Director, or appointees, in order to make a determination of general conformance with the regulations (e.g., environmental impact studies, drainage analysis.
5. Traffic Studies.
  1. Traffic Studies, Generally. A traffic impact study may be required for any large development, such as a shopping center, planned or mixed use development, an industrial complex, or a significant residential project. A traffic study is required when a specified threshold within the development is met or if it is determined by the City that the level of service (LOS) of the existing or proposed road network is unacceptable.
  2. Thresholds. The proposed thresholds are as follows and, if met, require a traffic study:
    1. If 50 or more lots in a residential subdivision or 100 parking places for multi-family residential or commercial projects are proposed;
    2. If a proposed building is 100,000 square feet or more;
    3. If there are two or more principal uses for a project area where the total gross floor area is 100,000 square feet or more; or
    4. If the development is a truck or bus terminal, including service facilities designed principally for such uses.
  3. Submittal Contents of Traffic Study. If a traffic study is required for a project, it shall contain the following elements:
    1. A list of roads in the project area showing the functional class and traffic counts for each; and
    2. An investigation of the project impact on the transportation network, including level of service (LOS) calculations for all affected roads.
  4. Level of Service (LOS) and Road Functional Class Descriptions. The LOS, based on the current traffic on the road (volume) and the ability of the road to handle traffic (capacity), that will be considered acceptable is dependent on the functional class of the road, which is described by the South Carolina Department of Transportation (SCDOT) as follows:
    1. LOS A. This level of service describes completely free-flow conditions. Desired speed and movements are virtually unaffected by the presence of other vehicles and constrained only by the geometric features of the roadway and driver preferences.
    2. LOS B. Traffic flow is stable. The presence of other vehicles only slightly restricts freedom to maneuver.
    3. LOS C. Traffic flow is stable, but the number of bumper-to-bumper groups of vehicles increases due to slow moving vehicles and turning maneuvers.
    4. LOS D. Unstable traffic flow conditions are approached under LOS D. The desire to pass becomes very high but safe passing opportunities decrease significantly.
    5. LOS E. Passing is virtually impossible. The slowest moving vehicle controls the travel speed.
    6. LOS F. Passing is impossible. The slowest moving vehicle controls the travel speed. Very unstable traffic flow conditions exist.
  5. Acceptable Level of Service Based on Functional Class. The functional class of a road is determined by the SCDOT. If the road is a not state maintained, it shall be considered local. The following are minimum acceptable levels of service based on the functional class of the road:
    1. Local - LOS C
    2. Collector - LOS C
    3. Arterial - LOS C
    4. Expressway - LOS C
  6. Certification and Other Requirements of the Traffic Study.
    1. Traffic studies shall be completed and certified by a registered engineer at the expense of the subdivider/developer, owner, or applicant (owner). The City reserves the right to develop a list of pre-approved transportation engineering firms and require that the owner select from the pre-approved list for any required traffic impact study.
    2. Traffic studies shall meet the criteria of the Institute of Transportation Engineers (ITE) and shall analyze traffic conditions per the initial study phase.
    3. If the initial study shows a LOS of less than C, then the subdivider/developer or owner shall be required to complete an additional traffic impact study of the full development of the site under the most critical traffic situation expected. This phase of work must be extended to include a traffic remediation plan that corrects the deficiencies and demonstrates an acceptable level of service on the public roadway(s) for the proposed project. The traffic remediation plan shall include roadway improvements and any traffic control devices necessary to reduce the impacts of the new development.
    4. If the LOS of the existing road network is C or less, then the proposed development may not lower the existing level of service. New roadways within the proposed development must provide (at full development of the site) a LOS of not less than C. However, the study should reflect that the goal is for all existing or proposed public roadway systems to be improved to a minimum of a LOS C.
    5. For phased projects, the proposed public rights-of-ways shall conform to the traffic remediation plan as detailed in the traffic study.
Development Plan Appeal. If a development plan is disapproved by reason of noncompliance, the subdivider/developer may accept the ruling or appeal the ruling to the Planning Commission. If the subdivider/developer defers the right to appeal and elects to modify a nonconforming development plan or if the subdivider/developer decides to appeal the disapproval of a development plan, the subdivider/developer shall abide by the plan requirements and submit the required plan contents set out in Section 6-21.3.1, Submittal Requirements, Subsection B., Plans and Plats.
Final Plat Appeal. If the required improvements have not been properly installed, inspected, approved and accepted and hence, the final plat is rejected, the subdivider/developer may accept the ruling or appeal the ruling to the Planning Commission. If the subdivider/developer defers the right to appeal and elects to complete the required improvements or if the subdivider/developer decides to appeal the rejection of the final plat, the subdivider/developer shall abide by the plan requirements and submit the required plan contents set out in Section 6-21.3.1, Submittal Requirements, Subsection B., Plans and Plats.
Drainage Plan or SWPPP Variance or Waiver. See Section 4-12.1.2, Sediment and Erosion Control, Subsection D., Waivers.

Design Review.

Certificate of Appropriateness in the Downtown Design Districts.
1. Actions Requiring a Certificate of Appropriateness. Within any of the designated overlay districts set out in Division 1-2.4, Downtown Design Districts, an application must be submitted to the Design Review Board through the Director, acting as the Downtown Planning Coordinator. A Certificate of Appropriateness shall be issued before any of the following activities can be undertaken, unless such activity falls within the "major governmental construction" exception set out in (b) below:
  1. The issuance of a permit by the Building Official and/or Director for erection, alteration, improvement, demolition, or moving of such structure, building, or signage;
  2. All requests related to land use;
  3. Landscape changes which include tree removal, without mitigation, of any hardwood tree at least six (6) inches Diameter at Breast Height (DBH), any conifer tree at least eight (8) inches DBH, and any flowering and/or fruiting ornamental trees (e.g., dogwood, magnolia, holly, crape myrtle) at least four (4) inches DBH, or the removal of any hedge or shrub group, without mitigation, that is at least thirty (30) inches in height. If the trees or shrubs are shown to be dead, dying, or greater than (50) percent damaged or diseased as a result of natural factors or the tree or shrub removal is to be mitigated with replacement trees and/or shrubs, the Certificate of Appropriateness may be issued administratively per Section 6-21.6.12.C
  4. Exterior modifications or maintenance which may change or impact the appearance of the structure, including, but not limited to, roofing, facade repairs, fencing, grading or paving, awnings, shutters, or window replacement.
2. Exception for Major Governmental Construction Projects. There is hereby established an exception to the requirement for a Certificate of Appropriateness for the following circumstances involving major governmental construction projects.
  1. For the purposes of this ordinance, a "major governmental construction project" is defined as a construction project being built by a governmental agency (federal, state, county, or city) and for which the total costs of the project exceeds One Million and no/100th ($1,000,000.00) Dollars.
  2. For a "major governmental construction project" as defined above, no Certificate of Appropriateness is required.
  3. In lieu of the requirement of applying for and obtaining a Certificate of Appropriateness for such a “major governmental construction project", the governmental agency shall, prior to seeking a permit from the Building Official and/or the Zoning Administrator, submit a detailed description of the project, including cost information establishing that the total project costs exceed $1,000,000.00, to the Downtown Planning Coordinator to establish that the project falls within this exception and to further establish that the project substantially complies with the intent of the Design Guidelines. Upon receipt of the application, the Downtown Planning Coordinator shall then certify that the project falls within this exception and further certify, by submitting findings of fact that the project substantially complies with the intent of the Design Guidelines. Such certification shall be made part of the public record and shall be forwarded to the City Attorney, City Manager, Design Review Board Chair and Mayor and City Council. Upon approval of said submission, the Downtown Planning Coordinator shall issue a Certificate certifying that the project falls within the exception created herein and authorizing the Building Official and/or the Zoning Administrator to issue required permits without a Certificate of Appropriateness.
3. Criteria for Issuance. In considering the issue of appropriateness of a particular project, the Design Review Board shall be guided by the design guidelines, which are incorporated by reference in this Unified Development Ordinance. (See Division 4-16.3, Downtown Design Districts Site Development Guidelines)
4. Submittal Requirements.
  1. An application for a Certificate of Appropriateness shall be obtained from the Director. When completed, the application must be filed with the Director, acting as the Downtown Planning Coordinator.
  2. The Board shall, in its Rules of Procedure, require such data and information as is reasonable and necessary to determine the nature of the application. An application shall not be considered complete until the required data has been submitted.
  3. The application must be signed by the owner, or an authorized representative. Upon deliberation, the application form must be signed by the chairman or vice-chairman of the Design Review Board stating its approval, approval with conditions, or denial of the application, and stating the reasons for the decision. Action may be deferred by the Design Review Board to the next monthly meeting, but only upon concurrence of the owner/developer/agent.
Certificate of Appropriateness for Historically Designated Properties outside of Downtown.
1. Actions Requiring a Certificate of Appropriateness. For a designated historic property outside of Downtown, an application must be submitted to the Design Review Board through the Director. A Certificate of Appropriateness shall be issued before a building permit can be issued for the demolition, new construction, exterior alteration, modification or addition to a designated historic property.
2. Maintenance, Repair, and Interior Projects. Nothing in this Unified Development Ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures designated as historic when that repair does not involve a change in design, material, color, or outer appearance of the structure. The Board shall not consider the arrangements or alterations to the interior of a building unless the interior of a public building or the public space of a private building is specifically described and designated as historic. The Board may authorize the Director to approve minor projects involving repairs and ordinary maintenance that do not alter design, materials, color, or the outer appearance of a structure or interior projects not subject to design review.
3. Criteria for Issuance. In considering the issue of historical appropriateness of a particular project, the Design Review Board shall be guided by the design guidelines set out in Division 4-16.2, Development Standards for Historically Designated Properties.
4. Submittal Requirements.
  1. An application for a Certificate of Appropriateness shall be obtained from the Director. When completed, the application must be filed with the Director.
  2. The Board shall, in its Rules of Procedure, require such data and information as is reasonable and necessary to determine the nature of the application. An application shall not be considered complete until the required data has been submitted.
  3. The Board shall review the application to make findings of fact to decide whether or not the applicant’s plans are appropriate. The decision of the Board, along with the reasons for each decision, will be recorded in the minutes and will be available upon request as a public reference for preservation procedures.
  4. The application must be signed by the owner, or an authorized representative. Upon deliberation, the application form must be signed by the chairman or vice-chairman of the Design Review Board stating its approval, approval with conditions, or denial of the application, and stating the reasons for the decision. Action may be deferred by the Design Review Board to the next monthly meeting, but only upon concurrence of the owner/developer/agent.
  5. Upon receipt of the Certificate of Appropriateness, the owner or agent shall be granted six (6) months to obtain a building permit. If the owner or agent does not obtain a building permit within the allotted six (6) months, the owner or agent may request an extension from the Downtown Planning Coordinator for a period not to exceed six (6) months. The Certificate of Appropriateness shall remain valid in concurrence with an active building permit. Should the outlined work in the Certificate of Appropriateness not require a building permit the property owner or agent shall be given six (6) months from the date of issuance for completion of work as approved and outlined in the Certificate of Appropriateness. The Certificate of Appropriateness may be granted an extension by the Downtown Planning Coordinator upon request by the property owner or agent for a period not to exceed six (6) months. If the property owner or agent fails to initiate or complete work within the given time, the property owner or agent shall be required to re-submit an application for a Certificate of Appropriateness to the Downtown Planning Coordinator as prescribed in Section 2.9 Florence Downtown Overlay Districts.

Use Permits.

Permitted Special Exception Use Approval. Applications for permitted special exception uses shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. The zoning of the subject property as well as surrounding properties;
2. A full description of the intended use;
3. Existing and future uses of all abutting properties and the distances separating the proposed use from all abutting uses;
4. Lot area of the parcel proposed for the permitted special exception use;
5. Proposed floor area of the permitted special exception use; and
6. Photographs of all existing structures; and
7. A site plan showing:
  1. Location, dimensions, and heights of all freestanding and wall signage;
  2. Location, type, and screening details of all proposed outdoor storage areas;
  3. Location of all parking area and the proposed site access and circulation;
  4. Locations of all bufferyards with an indication of whether each is a required or additional buffer;
  5. Elevation drawings of all proposed structures, including a description of existing and proposed building materials and colors.

Map and Text Amendments.

Zone Change. Applications for zone changes from one zoning district to another shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. An existing boundary map;
2. The proposed change to the boundary map;
3. Existing zoning of lot and adjacent properties; and
4. Reasons for the change.
Text Amendment. Petitions for amendments to this Unified Development Ordinance shall be made by or to the Director. The City Council and any body that is described in Article 20, Administrative Bodies, may initiate an amendment by motion. The following information is required, unless deemed unnecessary by the Director:
1. A copy of the Articles, Divisions, or Sections for which an amendment is requested or proposed;
2. A brief written report describing the nature and purpose of the requested or proposed change; and
3. A copy of the subject Articles, Divisions, or Sections with legislative formatting depicting the proposed changes, additions, or deletions to the text.

Historic Preservation.

City Designation of Historic Properties or Districts. The Design Review Board is required to maintain a local inventory of buildings, structures, objects, and sites that have been designated as historic by City Council as set out in Section 6-20.2.3, Florence Design Review Board. The Design Review Board is required to review applications and make recommendations for historic designation(s) to the City Council. Such designation(s) require identification of the Official Zoning Map, which constitutes a zone change. The submittal contents required for designation of historic properties and districts is the same as that for a zone change, as set out in Section 6-21.3.1, Submittal Requirements, Subsection E., Map and Text Amendments.
Certificate of Historical Appropriateness. A public hearing is required when an application for a Certificate of Historical Appropriateness is considered by the Florence Design Review Board. The submittal contents required for issuance of a Certificate of Historical Appropriateness are the same as that set out in Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review.

Variances and Appeals.

Variance. Applications for variances shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. Nature of the variance;
2. Evidence of unnecessary hardship; and
3. Necessity of variance.
Minor Adjustment. Applications for minor adjustments from the development standards of this Unified Development Ordinance shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. Nature of the minor adjustment;
2. Evidence of unnecessary hardship; and
3. Necessity of a minor adjustment.
Administrative Appeal. Applications for administrative appeals of a decision of City staff shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. Nature of the appeal regarding the interpretation or enforcement of this Unified Development Ordinance by City staff; and
2. Reason for the administrative appeal and the requested relief of the interpretation or enforcement.
Appeal to City Council. Applications for appeals to the City Council of a decision of the Planning Commission or Florence Design Review Board shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. Nature of the appeal regarding a decision of the Planning Commission or Florence Design Review Board; and
2. Reason for the appeal and the requested relief of the decision of the Planning Commission or Florence Design Review Board.

Effective on: 1/1/1901

Sec. 6-21.5.1 Procedure for Review of Applications

Generally. This Division sets out the general process for review of applications for development or land use approval. Generally, the review process is initiated with an application pursuant to the requirements of Section 6-21.5.3, Application, and proceeds through each subsequent Section (which describes a sequential step of the review process) until a decision is made on the application.

Simultaneous Review. In some cases, more than one approval or permit must be issued in order to authorize construction or establish a use. Typically, approvals are granted sequentially from the general (e.g., rezoning to allow for the use or intensity requested) to the specific (e.g., a building permit), with approvals of varying levels of specificity between (e.g., sketch plans, development plans, final plats, and/or site plans). However, an applicant may request that related approvals proceed simultaneously.

Effective on: 1/1/1901

Sec. 6-21.5.2 Pre-Application Conference

Generally. The purpose of a pre-application conference is to familiarize the applicant with the development review and approval process, and applicable provisions of this Unified Development Ordinance that are required to permit the proposed development.

Requirements. A pre-application conference is required for all applications for development approvals that require public hearings. A pre-application conference is optional for all other application types. Pre-application conferences do not apply to administrative appeals.

Meeting Materials.

The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
1. The location of the project;
2. The proposed uses (in general terms);
3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
4. The relationship to existing development;
5. The presence of natural resources, open water, floodplains, and floodways on the parcel proposed for development;
The responsible official may request additional information prior or subsequent to the meeting.

Authority of Director.

The Director may establish a regular schedule for conducting pre-application conferences.
The Director may provide for conducting pre-application conferences in person, by telephone, or by internet-based conferencing.
The Director may waive a pre-application conference if the Director and the applicant agree that such conference is unnecessary to serve the purposes set out in Subsection A., above.

Effective on: 1/1/1901

Sec. 6-21.5.3 Application

Generally. Every application for an approval required by this Unified Development Ordinance shall be submitted on a form approved by the Director or other responsible official as identified in Article 20, Administrative Bodies, or the Code of Ordinances, and shall include the corresponding application fee that is established by the City Council from time to time.

Applicant. Unless otherwise specified in this Unified Development Ordinance, applications for review and approval may be initiated by the owner of the property that is the subject of the application or the owner’s authorized agent. When an authorized agent files an application under this Unified Development Ordinance on behalf of a property owner, the agent shall provide written documentation that the owner of the property has authorized the filing of the application. This requirement shall be satisfied upon the submittal of an application bearing the owner’s name and signature and notarized.

Liens, Taxes, Assessments, and Debts to Public Entities. No application for a permit or approval will be processed for property that is the subject of outstanding liens, delinquent taxes, delinquent assessments, or any other delinquent debts, fines, or obligations to the City, County, a school district, or other public-sector entity that provides services to the property.

Representation of Facts. It shall be unlawful for any person to knowingly or willfully misrepresent or fail to include any information required by this Unified Development Ordinance on any application. If development is approved upon an application that contains misrepresentations or fails to contain material facts required by the application, then the City shall place a stay or stop work order on the development or use. The stay or stop work order shall remain in place until such time that the approval body receives the required information to the satisfaction of the approval body and approved as applicable.

Waiver of Submittal Requirements. The Director may waive certain submittal requirements in order to tailor the requirements to the information necessary to review a particular application. The Director may waive such requirement where he or she finds that the project size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in the Director's sole judgment, support such waiver.

Forms.

The responsible official shall promulgate and periodically revise forms for each type of application required by this Unified Development Ordinance.
Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
1. The evaluation of applications for compliance with the standards of this Unified Development Ordinance; and
2. The administration of this Unified Development Ordinance.

Schedule. The responsible official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:

The schedule is posted at City Center and on the City's web site; and
The schedule provides for applications to be submitted:
1. At least once per week for applications listed in Section 6-21.1.2, Administrative Permits, except use, building, and occupancy permits, which shall not be limited to certain days.
2. At least twice per month for applications listed in Section 6-21.1.3, Public Meeting Approvals.
The schedule does not restrict the timing of notices of appeal.

Additional Requirements. The Director or any director of the City, service or utility provider, or County to which has authority to review and/or approve may also add requirements to the submittal when it is reasonably foreseeable that additional information will be needed to resolve questions of compliance with the requirements of this Unified Development Ordinance or other policies or plans of the City, any service or utility provider, or County that is associated with or may be affected by the project.

Effective on: 1/1/1901

Sec. 6-21.5.4 Fees

Generally. The City Council shall, from time to time, establish fees by resolution for the processing and review of the various applications that are required by this Unified Development Ordinance. The fees shall be reasonable, but shall not exceed the actual costs to review the applications. The City Council may provide for a flat fee, plus require the reimbursement of extraordinary costs to the City that are necessitated by an application, such as fees for expert technical review or advice from consultants.

Relationship to Application. No application shall be eligible to be determined complete until all application fees are paid in full, including escrow fees.

No Refunds. Once an application has been reviewed and determined complete, pursuant to Section 6-21.5.5, Application Completeness Review, the fee is non-refundable.

Effective on: 1/1/1901

Sec. 6-21.5.5 Application Completeness Review

General. Within five business days after an application is submitted, the responsible official shall review the application to verify that it is complete.

Incomplete Applications.

Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted to complete the application.
No application that does not include the applicable processing fee shall be considered complete.

Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.

Generally. Every application for development approval shall be submitted on a form approved by the Director; or in the case of environmental permits, the Director of Public Works and Utilities; or in the case of Building Permits, the Building Official; along with the corresponding application fee.

Effective on: 1/1/1901

Sec. 6-21.5.6 Staff Review and Referral

Staff Review. When the Director determines that an application is complete, then the Director shall cause the application to be reviewed for technical compliance with the requirements of this Unified Development Ordinance; and

If the application is for an administrative permit, shall approve, approve with conditions, or deny the application.
If the application is for a public meeting approval, shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval.

Recommended Revisions.

The Director, or other responsible official, shall provide comments from City Staff to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Section 6-21.5.7, Termination of Inactive Applications.
The resubmittal shall not require an application fee unless both of the following conditions are met:
1. The revisions are inappropriate or incomplete; and
2. Repeated failure to address comments requires more than three rounds of revisions.

Meeting Logistics.

If the application is for a public meeting approval, the Director shall set the application on the next available agenda of the next body that will consider the application, consistent with the legal requirements for public notice, if any.
The Director shall coordinate with decision-making bodies to fix reasonable times for hearings.
The Director shall notify the applicant regarding the time and place of the public hearing(s).

Effective on: 1/1/1901

Sec. 6-21.5.7 Termination of Inactive Applications

Generally. Applications for development approval must be diligently pursued by the applicant. Accordingly, this Section extinguishes applications that become inactive due to inaction by the applicant.

Expiration of Inactive Applications.

When an action by the applicant is required for further processing of an application (for example, submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:
1. The applicant fails to take action; or
2. The applicant fails to request an extension of time pursuant to Subsection C., below.
When an action by the applicant is required for further processing of an application for sketch plan or final plat approval, the application shall become void 30 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.
No refunds of application fees will be issued to applicants whose applications expire pursuant to this Subsection.

Extension of Time. The time for expiration of an application may be extended by up to six additional months upon written request of the applicant before the end of the period set out in Subsection B., above.

Effect of Expiration. Applications that expire pursuant to this Section shall automatically become null and void, closed and discarded without further notice or activity by the City. Any application proposal for a lot, parcel, or tract, regardless of the commonality with an expired application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees.

Effective on: 1/1/1901

Sec. 6-21.5.8 Additional Recommendations

Generally. The City Council, Planning Commission, Board of Appeals, or Florence Design Review Board may, at their discretion, seek additional recommendations from any City department, board, commission, ad hoc committee, task force, subcommittee, group or organization, the Chamber of Commerce, economic development partnership, or others as felt necessary to make any decision or to gain insight or information related to any case or decision pending before them if within their purview to seek such evidence.

Disclosure. The additional recommendations shall be made a part of the record of the case and the contact and substance of the recommendation shall be disclosed before a decision on the case is made.

Effective on: 1/1/1901

Sec. 6-21.5.9 Public Notice

Generally. Public notice, if required, shall be provided in accordance with the requirements of this Section. The content of notices shall be according to the policies adopted by the City of Florence or as required by law.

Required Notice. Set out in Table 6-21.5.9, Required Notice, is the notices that are required for each type of application or procedure for which notice is required. Approvals and procedures that are not listed do not require notice unless notice is required by statute.

Table 6-21.5.9 Required Notice
Type of Application	Posted Notice	Publication Notice	Mailed Notice
General Notice Requirements (Section 6-29-760, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.)	Conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.	At least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.	At least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
Use Permits
Permitted Special Exception Use Permit	Required	Required	Required
Text and Map Amendments
Zone Change	Required	Required	Required
Text Amendment	Not Required	Required	Not Required
Historic Conservation
City Designation of Historic Properties or Districts	Required	Required	Required
Certificate of Historical Appropriateness	Required	Required	Required
Variances and Appeals
Variance	Required	Required	Not Required
Appeals	Not Required	Required	Not Required

Table 6-21.5.9 Required Notice
Type of Application	Posted Notice	Publication Notice	Mailed Notice
General Notice Requirements (Section 6-29-760, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.)	Conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.	At least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.	At least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
Use Permits
Permitted Special Exception Use Permit	Required	Required	Required
Text and Map Amendments
Zone Change	Required	Required	Required
Text Amendment	Not Required	Required	Not Required
Historic Conservation
City Designation of Historic Properties or Districts	Required	Required	Required
Certificate of Historical Appropriateness	Required	Required	Required
Variances and Appeals
Variance	Required	Required	Not Required
Appeals	Not Required	Required	Not Required

Table 6-21.5.9 Required Notice
Type of Application	Posted Notice	Publication Notice	Mailed Notice
General Notice Requirements (Section 6-29-760, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.)	Conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.	At least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.	At least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
Use Permits
Permitted Special Exception Use Permit	Required	Required	Required
Text and Map Amendments
Zone Change	Required	Required	Required
Text Amendment	Not Required	Required	Not Required
Historic Conservation
City Designation of Historic Properties or Districts	Required	Required	Required
Certificate of Historical Appropriateness	Required	Required	Required
Variances and Appeals
Variance	Required	Required	Not Required
Appeals	Not Required	Required	Not Required

Table 6-21.5.9 Required Notice
Type of Application	Posted Notice	Publication Notice	Mailed Notice
General Notice Requirements (Section 6-29-760, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.)	Conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.	At least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.	At least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
Use Permits
Permitted Special Exception Use Permit	Required	Required	Required
Text and Map Amendments
Zone Change	Required	Required	Required
Text Amendment	Not Required	Required	Not Required
Historic Conservation
City Designation of Historic Properties or Districts	Required	Required	Required
Certificate of Historical Appropriateness	Required	Required	Required
Variances and Appeals
Variance	Required	Required	Not Required
Appeals	Not Required	Required	Not Required

Computation of Time. In computing the time periods for providing notice pursuant to this Section, the day of mailing, publication, or posting shall not be counted, but the day of the hearing shall be counted.
Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or location map that are not substantial with respect to the general location of the property, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct City staff to make a formal finding as to whether there was substantial compliance with the notice requirements of this Unified Development Ordinance, and such finding shall be made available to the decision-making body at the same meeting or prior to final action on the request.

Effective on: 1/1/1901

Sec. 6-21.5.10 Public Meetings and Hearings

Generally. All meetings of appointed Boards, Councils, and Commissions shall be open to the public except as otherwise provided in the South Carolina Open Meetings Law set out in Title 30, Chapter 4, South Carolina Code of Laws.

Joint Meetings. Any public hearing required by this Unified Development Ordinance or the laws of the State of South Carolina may be held jointly with any public hearing required to be held by any other Board, Council, or Commission of the City, except the Board of Zoning Appeals. Such joint meetings may be held after published notice as required by law.

Consent Agenda. Any Board, Council, or Commission that is identified in Article 20, Administrative Bodies, except the Board of Zoning Appeals, may establish a consent agenda. The consent agenda may consist of all matters brought before the Board, Council, or Commission for action that does not require a public hearing. All items on the consent agenda shall be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to approval at the request of any member of the Board, Council, or Commission present at the meeting, or by City staff. Items removed from the consent agenda shall be considered on the regular agenda.

Public Hearings.

Procedures. Boards, Councils, and Commissions will adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure.
1. Any person may appear at a public hearing, submit evidence, and be heard.
2. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.
3. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
4. Citizens, applicants, and the City have the right to present expert witnesses.
5. The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
Representation. Persons appearing before a Board, Council, or Commission may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the City, Board, Council, or Commission.
Quorum. The number of members of a Board, Council, or Commission that is required in order to constitute a quorum is set out in the applicable Division of Article 20, Administrative Bodies.
Decisions.
1. Except where this Unified Development Ordinance or state statutes provides otherwise, official action requires the favorable vote of a majority of a quorum present.
2. An affirmative vote of two-thirds of the Board of Zoning Appeals members present and voting is required, consistent with Section 6-29-800, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.
3. Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote.
Time Limitations for Decisions.
1. For zone change (rezoning) applications, if the Planning Commission does not provide a recommendation to the City Council within 45 days after the public hearing, the Planning Commission shall either request and receive an extension from the City Council or make a final report to the City Council. If no extension is granted or no final report is made within the 45 day period, then the proposed amendment shall proceed to the City Council as a final report with no recommendation.
2. For sketch plans and final plat appeals, the Planning Commission shall take official action regarding the sketch plan (approval, approval with required changes, or disapproval) during the meeting at which it is presented, or within seven calendar days of such Planning Commission meeting, unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
Conditions of Approval. Some procedures set forth in this Unified Development Ordinance authorize the decision-making body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize, or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the comprehensive plan and this Unified Development Ordinance. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development or shall carry out the general purpose and intent of the comprehensive plan and this Unified Development Ordinance. No conditions of approval, except for those attached to variance or minor adjustment approvals, shall be less restrictive than the requirements of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-21.5.11 Continuances and Withdrawal

Generally. Consideration of applications may be continued, or applications withdrawn, as provided in this Section.

Continuances.

Request or Motion to Continue. Consideration of an application may be continued upon motion of the Board, Council, or Commission or upon request of the applicant before a decision is made on the application.
Period of Continuation. Should any item before a Board, Council, or Commission be tabled in anticipation of information or events to occur prior to rendering a decision, such tabling shall be for no longer than the second meeting following the meeting at which the item was tabled.
Decision Required.
1. If at the conclusion of the continuation period the item under consideration remains in the same or unchanged state or condition as existed when the item was initially tabled, the item shall be removed from the table, and shall either be approved based on the available information or shall be disapproved.
2. If the item before the Planning Commission was a sketch plan or final plat appeal, the decision to approve or deny the plat shall be made within seven calendar days of such Planning Commission meeting, unless the subdivider/developer consents in writing to an extension of this time limit.

Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceedings before the recommendation or decision is made.

Effective on: 1/1/1901

Sec. 6-21.5.12 Effect of Approval

Approval of an application shall be deemed to authorize only the particular use, plan, or other specific activity for which the approval was granted. Approvals shall run with the particular land for which approval is given, except that permitted special exception use approvals may be conditioned upon operation of the use by the applicant, and text amendments to this Unified Development Ordinance are not related to particular parcels.

Effective on: 1/1/1901

Sec. 6-21.5.13 Successive Applications

Generally. It is the policy of the City of Florence not to hear successive applications for a substantially similar application after an application is denied. The limitations of this Section prevent the consideration of successive applications.

Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied within the period set out below:

Generally. Six months shall elapse between the date an application is denied by the approving body and the date a substantially similar application is filed.
Certificates of Appropriateness. One year shall elapse between the date an application is denied and the date a substantially similar application is filed.
Zone Changes. Zone change (rezoning) applications follow the general rule of Subsection B.1., above, except that if substantially similar zone change applications are denied twice, two years shall elapse from the last date of denial before a new substantially similar application is accepted for processing.

Appeal and Waiver of Restrictions. The Director's determination that an application is substantially similar to a denied application is subject to administrative appeal. In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Council, which may grant the waiver for good cause shown. Such good cause shall include, but not be limited to, such factors as:

An approved amendment to the Comprehensive Plan or this Unified Development Ordinance would potentially allow for the application to be processed to approval;
Changed conditions justify the waiver (e.g., the proposed use requires spacing from another use, and the other use moves away, or infrastructure was not sufficient to support the proposed development, but has since been improved); or
The City Council finds that there was an error in the processing of the application that could not have been remedied by administrative appeal (successive applications shall not be used as a substitute for an appeal if an appeal could be used to resolve an allegation of error).

Effective on: 1/1/1901

Sec. 6-21.6.1 Certificate of Zoning Compliance

Generally. Zoning clearance is an administrative procedure in which the Director verifies that an application for development approval of a permitted or conditional use, or a building or structure that is permitted without site plan approval, complies with the requirements of this Unified Development Ordinance. Certificate of Zoning Compliances may be issued simultaneously with building permits or other required permits.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection A., Use Permits.

Decision. The Director shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.6.2 Certificate of Zoning Compliance - Conditional Use

Generally. Conditional use permits are required as a precondition to establishment of a conditional use, and to changes in use to a conditional use.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection A., Use Permits.

Approval Criteria. Conditional use permits shall be approved if it is demonstrated that they meet the applicable substantive requirements of this Unified Development Ordinance, particularly those specified for the proposed use in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.

Procedure. Applications for conditional use permits are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.6, Staff Review and Referral, and shall be referred to other departments and agencies and then decided by the responsible official, board, commission, or council as set out in Division 6-21.1, Determinations, Approvals, and Permits.

Decision. The Director shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.6.3 Temporary Use Permit

Generally. Administrative temporary use permits are required as a precondition to establishment of a temporary use that is designated as Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection A., Use Permits.

Approval Criteria. Administrative temporary use permits shall be approved if it is demonstrated that they meet the applicable substantive requirements of this Unified Development Ordinance, particularly those specified for the proposed use in Division 1-2.9, Temporary Uses.

Procedure. Applications for administrative temporary use permits are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.6, Staff Review and Referral, and shall be referred to other departments and agencies, as applicable, and then decided by the responsible official, board, commission, or council as set out in Division 6-21.1, Determinations, Approvals, and Permits.

Decision. The Director shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.6.4 Minor Changes to a Planned Development Site Plan

Generally. The Director is authorized to approve minor modifications to Planned Developments in accordance with this Section.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection B., Plans and Plats.

Minor Modifications Defined. The Director is delegated the authority to approve an application to modify a planned development site plan if it is demonstrated that the proposed modification will result in substantial adherence to the previous planned development ordinance. In making this determination, the Director, in his or her discretion, may refer any application for modification under the Director's jurisdiction to the Planning Commission for review and decision. The minor modifications must demonstrate the following:

Development density and intensity have not materially changed, in that:
1. The number of buildings is not increased by more than 10 percent.
2. The height of the building(s) is the same or less.
3. The number of units is the same or fewer.
4. The aggregate lot coverage and floor area ratio are the same or less.
5. Density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area ratio is not changed.
Design has not materially changed, in that:
1. The roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans.
2. The parking area is in the same general location and configuration.
3. The building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for detached single family development, lot line, townhouse and cluster development may be decreased, provided that such decrease is limited such that the resulting setback distance will be the greater of either:
  1. The zoning district regulations, or
  2. Any condition or restrictive covenant regulating the setback for which a substantial compliance determination is sought.
4. The landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect.
5. The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved.
6. Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans.
7. Recreational facilities either remain the same or are converted from one recreational use to another.
8. Recreational facilities may be added.
The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the Unified Development Ordinance that were not previously approved at a public hearing, or of expanding the scope of existing variances or other approvals such that they would differ to a greater degree from the strict application of the Unified Development Ordinance.

Criteria. In reaching a decision as to whether the change will require the governing authority's approval, the Director shall use the following criteria:

Any increase in intensity or use shall constitute a modification requiring a Planning Commission recommendation and City Council approval. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in the number of dwelling or lodging units, or an increase in the amount of outside land area devoted to sales, displays, or demonstrations.
Any change greater than 10 percent in parking areas resulting in an increase or reduction in the number of spaces approved shall constitute a change requiring a Planning Commission recommendation and City Council approval.
Structural alterations significantly affecting the basic size, form, style, and location of a building, as shown on the approved plan, shall be considered a change requiring a Planning Commission recommendation and City Council approval.
Any reduction in the amount of open space or bufferyard, or any change in the location or characteristics of open space, shall constitute a change requiring a Planning Commission recommendation and City Council approval.
Any change in use from one use group to another shall constitute a change requiring a Planning Commission recommendation and City Council approval.
Any change in pedestrian or vehicular access or circulation shall constitute a change requiring a Planning Commission recommendation and City Council approval.

Procedure. Applications for minor modifications to planned developments are processed according to the sequential steps and shall be referred to other departments and agencies, as applicable, and then decided by the responsible official, board, commission, or council as set out in Division 6-21.1, Determinations, Approvals, and Permits.

Decision.

The Director shall approve, approve with conditions, or deny the application.
The Director may refer the application to the Planning Commission if the Director finds that the proposed development entails a significant change in the planned development site plan.

Effective on: 1/1/1901

Sec. 6-21.6.5 Development Plan

Generally. Development plans are required for submittal upon review by City staff and approval by the Planning Commission of a sketch plan.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection B., Plans and Plats.

Procedure.

Review and Comment Process.
1. Upon receipt of a development plan submittal, the Director shall determine if the development plan is in conformity with the approved sketch plan.
2. If the Director determines that the development plan is not in conformity with a previously approved sketch plan, the subdivider/developer must:
  1. Revise the development plan so that it conforms with the approved sketch plan and then re-submit; or
  2. Return to the sketch plan submittal and review process to get an approved sketch plan that incorporates the desired changes.
3. If the Director determines that the development plan is in conformity with an approved sketch plan, the development plan shall be forwarded to the appropriate agencies or departments for review.
4. The following entities are responsible for reviewing the development plan, determining if it is in conformity with applicable codes and ordinances, and submitting written statements of conformity or non-conformity to the Director within 20 calendar days of when the subdivider/developer submitted the development plan:
  1. City of Florence Public Works and Utilities Department; and
  2. City of Florence Fire Department.
5. The following entities are provided with a copy of the development plan for review only. However, they have the opportunity to comment with 20 calendar days of when the development plan was submitted, if necessary:
  1. Cablevision company;
  2. Gas company;
  3. Power and light company; and
  4. Telephone company.
6. Upon receipt of signed written statements of conformity or non-conformity from the reviewing agencies listed above, the Director will either:
  1. Approve the development plan;
  2. Disapprove the development plan; or
  3. Approve the development plan pending required changes.
7. The Director shall notify the subdivider/developer of such action in writing within 30 calendar days of the development plan submittal.
Subsequent to Development Plan Approval.
1. Upon approval of the development plan or approval with required changes, and subsequent written notification to the subdivider/developer by the Planning Commission staff, the subdivider/developer is authorized to proceed with construction of the required improvements under supervision of the engineer of record.
  1. The Director shall maintain the official stamped and approved development plans.
  2. All approved construction plans shall be stapled together and must be reproducible.
  3. The phasing of development shall be agreed upon by the reviewing agencies and the subdivider/developer. The development plan shall indicate such phasing.
2. Official action by the Planning Commission during one of its meetings is not required if the development plan is approved by the Director.
Disapproval and Appeals.
1. Based on statements from the reviewing agencies, the Director may disapprove the development plan, or approve the development plan pending required changes. The subdivider/developer can accept the ruling or appeal the ruling to the Planning Commission. The subdivider/developer may also appeal to the Planning Commission if the Director does not approve or disapprove the development plan within 30 calendar days.
2. If the subdivider/developer defers the right of appeal and elects to modify a nonconforming development plan and re-submit, the development plan process must re-start by submitting a revised development plan submittal package.
3. If the subdivider/developer elects to appeal the Director’s decision, or appeal because of failure of the Director to approve or disapprove the development plan within 30 calendar days, he must submit a letter to the chairperson of the Planning Commission requesting placement on the Planning Commission’s agenda.
  1. To place the development plan appeal on the Planning Commission’s meeting agenda, the referenced project must have met all project submittal requirements.
  2. The appeal letter must be received by the chairperson of the Planning Commission at least 15 days prior to the Planning Commission meeting during which the subdivider/developer would like to present the development plan for official action.
  3. The appeal letter must outline and document the reasons and facts as to why the subdivider/developer feels that the development plan conforms to all applicable codes and ordinances.
  4. A pre-meeting conference attended by the subdivider/developer, at least one member of the Planning Commission, and the Director, or an appointee, must be held prior to the meeting during which the Planning Commission is scheduled to take action regarding the appeal. It shall be the responsibility of the Director to schedule this pre-meeting appeal conference. Failure of the subdivider/developer to attend the pre-meeting conference shall result in removal of the appeal from the Planning Commission agenda.
Official Action of the Planning Commission.
1. Official action by the Planning Commission regarding the development plan is required only in the event of an appeal.
2. If official action by the Planning Commission is required as the result of an appeal, then the Planning Commission shall either:
  1. Approve the development plan;
  2. Approve the development plan with required changes; or
  3. Issue final disapproval of the development plan during the meeting at which it is presented, or within seven calendar days of the Planning Commission meeting unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
3. If the Planning Commission issues final disapproval of a development plan following an appeal, the subdivider/developer will be required to restart the development plan submittal and review process if there is an intention to proceed with the project. However, final disapproval by the Planning Commission does not supersede the subdivider’s/developer’s right to appeal as defined in the 1994 Planning Enabling Act.
4. If the Planning Commission approves the development plan following an appeal, or if the Planning Commission fails to take action within the specified or agreed upon time limit, the subdivider/developer is authorized to proceed with construction of the required improvements under supervision of the engineer of record.
  1. The Director shall maintain the official stamped and approved development plans.
  2. All approved construction plans shall be stapled together and must be reproducible.
  3. The phasing of development shall be agreed upon by the reviewing agencies and the subdivider/developer. The development plan shall indicate such phasing.
5. Pertinent comments and recommendations shall be noted in the minutes of the Planning Commission meeting. The subdivider/developer shall be provided with a copy of the meeting minutes upon request.
6. It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies. However, the Planning Commission may seek to bring agreement in cases of conflicts between one or more reviewing agencies and the subdivider/developer.
Installation of Improvements.
1. After development plan approval, the subdivider/developer may install all required improvements, or use any of the alternate techniques specified in Division 4-14.4, Subdivision Improvements and Guarantees, in lieu of completing all improvements in the area covered by the approved development plan, or any portion thereof, which is proposed for recording and developing at the time.
2. Prior to the granting of final plat approval by the Planning Commission, the City and the subdivider/developer shall agree upon a deadline for the completion of all required improvements as provided in Division 4-14.4, Subdivision Improvements and Guarantees.
3. Prior to final plat approval by the Planning Commission, the subdivider/developer shall complete, in a manner satisfactory to the City, all improvements required in this Unified Development Ordinance and specified in the approved development plan. Where applicable, such improvements shall be dedicated to the City.

Effective on: 1/1/1901

Sec. 6-21.6.6 Final Plat

Generally. Final plats are required for submittal upon review by City staff, approval of a sketch plan by the Planning Commission, and approval of a development plan by the Director.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection B., Plans and Plats.

Procedure.

Review and Comment Process.
1. Upon receipt of a final plat submittal, the Director shall determine if it is in conformity with the approved development plan.
2. If the Director determines that the final plat is not in conformity with a previously approved development plan, the final plat shall be rejected and returned to the applicant. The subdivider/developer must then either:
  1. Make the necessary physical changes so that it is in conformity with the approved development plan and then re-submit the revised final plat; or
  2. Return to the development plan submittal and review process in an attempt to obtain approval of a modified development plan that incorporates the changes.
3. If the Director determines that the final plat is in conformity with the approved development plan, then the final plat submittal shall be forwarded to the Director of Public Works and Utilities to determine (via inspections, review of certifications, etc.) whether the improvements shown on the development plan have been properly installed, and where applicable, have been approved and accepted by the City.
Acceptance and Approval.
1. If City staff determines that all of the improvements have been properly installed, City staff shall submit a signed and approved closeout document package to the Director stating that the improvements have been properly installed, inspected, approved, and accepted.
2. Upon receipt of the City staff’s approved closeout package, but no more than 14 calendar days after the date that the final plat was submitted by the subdivider/developer, the Director shall sign, date, and stamp the final plat as “Approved For Recording.” The approved final plat will then be made available to the subdivider/developer for recording in the office of the Florence County Clerk of Court.
3. Official action by the Planning Commission is not required if the final plat has been approved by the Director.

Effective on: 1/1/1901

Sec. 6-21.6.7 Summary Approval of Final Plat

Generally. Summary approval of a final plat may be accepted by the Director.

Application Requirements. See Section 6-21.5.1, Submittal Requirements, Subsection B., Plans and Plats.

Procedure. The Director shall receive the application and accept it or, upon discretion, schedule it for Planning Commission review.

Criteria. The Director shall accept summary approval of a final plat application if it meets all of the following criteria:

Summary approval of the final plat will not frustrate the implementation of the comprehensive plan (e.g., by encouraging sprawling development patterns or blocking access to a planned thoroughfare); and
The final plat complies with the applicable requirements of this Unified Development Ordinance.

Required Referral. The Director shall not deny summary approval of a final plat. If the Director does not approve the plat, the Director shall place the plat on the agenda of the Planning Commission so that it may be considered for approval.

Effective on: 1/15/2018

Sec. 6-21.6.8 Floodplain Development Permit

Generally. All development proposed within a special flood hazard area (SFHA) and all development constructed, installed, commenced, improved, or maintained within a SFHA after the effective date (to the extent permitted by this Unified Development Ordinance), is required to obtain a floodplain development permit from the Director, acting as the Floodplain Administrator, in accordance with the procedures established in this Section, and the applicant for approval of such development shall pay the fee established by the City Council.

Application Requirements. See Section 6-21.3.1, Submittal Requirements, Subsection D., Environmental Permits.

Standards for Issuance. Approval or denial of a floodplain development permit by the Director, or an appointee, shall be based on all applicable provisions of Division 4-12.6, Flood Prevention, and the following relevant factors:

The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The danger that materials may be swept onto other lands to the injury of others;
The compatibility of the proposed use with existing and anticipated development;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The costs of providing governmental service during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems;
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
The relationship of the proposed use to the comprehensive plan of that area.

Procedure. Floodplain development permits are processed by the Director, acting as the Floodplain Administrator, who may accept the review, comment, and recommendations of the Director of Public Works and Utilities and others, as applicable.

Effective on: 1/1/1901

Sec. 6-21.6.9 Drainage Plan

Generally. Every proposed development must have a drainage system that shall be designed by a registered engineer and constructed by the subdivider/developer. The subdivider/developer shall be responsible to design and construct drainage facilities to discharge the storm runoff of their development to an existing facility outside the secondary area capable of receiving the runoff with no adverse effects. The drainage system shall accomplish the following:

Provide for the proper drainage of surface water of the development and the drainage area of which it is a part;
Permit the unimpeded flow of natural watercourses; and
Provide positive drainage away from on-site sewage disposal facilities.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection D., Environmental Permits.

Procedure.

A drainage study and report shall be prepared by a registered engineer engaged by the subdivider/developer. The study and report shall be submitted to the Director, together with an application and the fee established by the City Council.
The Director shall transmit the drainage study and report to the Director of Public Works and Utilities and other applicable review, approval, or implementing agencies.
Prior to authorization of any building permit by the codes enforcement division, the Director of Public Works and Utilities shall review and approve all such stream flow, runoff calculations, and drainage plans as may be required of a subdivider/developer under the provisions of this Unified Development Ordinance. The Director of Public Works and Utilities shall have final authority of engineer interpretations of all required 50-year and 100-year flood elevations necessary to this Unified Development Ordinance and shall report the findings to the Director, acting as the Floodplain Administrator for appropriate action.
Sufficient inspections shall be made to ensure compliance with the specifications set forth in this Unified Development Ordinance and other applicable regulations and ordinances. A registered engineer, employed by the subdivider/developer and approved by the Director of Public Works and Utilities, may certify in writing to the Director of Public Works and Utilities that such engineer has inspected each phase of the construction of the storm drainage improvements and certified that they meet the requirements and standards of this Unified Development Ordinance and all other applicable regulations and ordinances. The Director of Public Works and Utilities shall make a final inspection of the storm drainage improvements before accepting the improvements for dedication to the City for permanent maintenance.

Enforcement. No Certificate of Zoning Compliance or building permit shall be issued for any new building or development without a written statement from the Director of Public Works and Utilities, or an appointee, stating that the storm drainage facilities and improvements meet all of the requirements of this Unified Development Ordinance and other applicable regulations and ordinances.

Effective on: 1/1/1901

Sec. 6-21.6.10 Land Disturbance Permit; Level I and Level II SWPPP

Refer to Article 12, Storm Water Management, Drainage, and Flood Prevention.

Effective on: 1/1/1901

Sec. 6-21.6.11 Sign Permit

Generally. A sign permit is required as set out in Section 6-21.3.1 Submittal Requirements, Subsection E, Other Permits. Part 5, Sign Regulations, contains regulations about the height and area of signs, which vary by the type of sign. If a proposed sign meets all standards of this Unified Development Ordinance, or all standards set out in an approved sign design program for the property, then the Director will issue the sign permit.

Application. Applications for approval of a sign permit shall be on a form approved by the Director and/or Building Official including the contents set out in Section 6-21.3.1 Submittal Requirements, Subsection E., Other Permits.

Procedure. Sign permits are an administrative procedure in which the Director verifies that an application for approval of a sign complies with the requirements of Part 5, Sign Regulations. Sign permits may be issued simultaneously with building permits or other required permits.

Inspection. The Director and/or Building Official may make or require any inspections of any construction work to ascertain compliance with the provisions of this Ordinance and other laws which are in force and to ascertain that the sign is erected as indicated on the approved sign permit application

Fees. Should any person, firm, or corporation begin any work for which a permit is required by this Ordinance providing to receiving such permit, then the subsequent permit fees required of the party to proceed will be double the standard fee typically charged by the City to authorize the applicable activity. Double permit fees be charged in excess of any other penalties prescribed by this Ordinance.

Effective on: 1/1/1901

Sec. 6-21.6.12 Certificate of Appropriateness in the Downtown Design Districts

Standards for Issuance. The standards for issuance of a Certificate of Appropriateness are set out in Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review. Other approvals or permits (e.g., building permits) may also be required as provided in this Unified Development Ordinance.

Procedure. In issuing a Certificate of Appropriateness, applications are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.6, Staff Review and Referral. The application may decided by the Director, acting as the Downtown Planning Coordinator, as set out in (C) below.

Approval by the Director. The Director, acting as the Downtown Planning Coordinator, is granted the authority to approve and issue a Certificate of Appropriateness in the Downtown Design Districts without going before the Florence Design Review Board, provided the Director specifically determines that the materials, paint color, design, architectural features, or style of the project or signage conforms to the applicable district as set out in Section 6-20.3.2, Director of Urban Planning, Research and Development, Subsection B.5. In all cases, the Director may refer the application to the Florence Design Review Board for review and consideration with particular attention being paid to properties and structures within the H-1 Historic District.

Permit Issuance. No building permit applications shall be accepted nor shall any such permit be issued, and no work shall be performed until after approval of a Certificate of Appropriateness, and not until five business days have elapsed from its transmission to the Building Official by the Director, with any advice as to conditions which may have been attached to such a certificate.

Project Phasing. Certificates of Appropriateness may be issued for distinct and separate phases of an ongoing project.

Time Limit. Upon receipt of the Certificate of Appropriateness, the owner or agent shall be granted six (6) months to obtain a building permit. If the owner or agent does not obtain a building permit within the allotted six (6) months, the owner or agent may request an extension from the Downtown Planning Coordinator for a period not to exceed six (6) months. The Certificate of Appropriateness shall remain valid in concurrence with an active building permit. Should the outlined work in the Certificate of Appropriateness not require a building permit the property owner or agent shall be given six (6) months from the date of issuance for completion of work as approved and outlined in the Certificate of Appropriateness. The Certificate of Appropriateness may be granted an extension by the Downtown Planning Coordinator upon request by the property owner or agent for a period not to exceed six (6) months. If the property owner or agent fails to initiate or complete work within the given time, the property owner or agent shall be required to re-submit an application for a Certificate of Appropriateness to the Downtown Planning Coordinator as prescribed in Section 2.9 Florence Downtown Overlay Districts.

Effective on: 1/1/1901

Sec. 6-21.6.13 Certificate of Completion

Issuance of Certificate. Prior to the Building Official issuing a certificate of occupancy for any project in the downtown design districts, the owner must obtain from the Director, acting as the Downtown Planning Coordinator, a Certificate of Completion, which shall result and be issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness.

Denial of Certificate. In the event a Certificate of Completion is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision in writing to the Design Review Board. In the event of an appeal, the Design Review Board shall consider and act on the appeal at its next regularly scheduled meeting.

Effective on: 1/1/1901

Sec. 6-21.6.14 Design Review

Generally. Set out in Division 3-8.3, Special Building Standards is the following design standards:

Section 3-8.3.1, Single Family Attached and Multiplex Building Standards (including duplexes, triplexes, quadraplexes, and townhouse);
Section 3-8.3.2, Fueling Stations, Light Automobile Service, and Car Wash Building Standards;
Section 3-8.3.3, Sexually Oriented Business Building Standards; and
Section 3-8.3.4, Self-Storage Building Standards.

Procedures. This Section sets out the procedures for the review of site and building design plans for the above Sections, and all other applicable provisions of this Unified Development Ordinance. The application submittal requirements are set out in Section 6-21.3.1, Submittal Requirements, Subsection E., Other Permits.

Administrative Review of Application. Upon application submission, the Director will review the site and building design plans for their conformance with the standards set out in Division 3-8.3, Special Building Standards.

Review Criteria. The review criteria used to determine conformance with the standards of this Unified Development Ordinance shall include, but are not limited to, the following:

Site Design Standards:
1. Compatibility of the proposed use and building by consideration of its scale and massing in the context of adjacent, existing buildings;
2. Number, location, width, spacing, and surfacing of driveways;
3. Site standards set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards, as applicable;
4. Number, location, dimensions, and setbacks of the required on-site parking, subject to the standards of Article 9, Parking and Loading; and
5. Type, quantity, and placement of landscaping subject to the standards of Article 10, Landscaping and Buffering.
Building Design Standards:
1. Generally:
  1. Exterior wall and building trim materials and colors;
  2. Building wall design and articulation to address monotony and blank walls;
  3. Roof type and materials, including its pitch, Overhands, eave lines, and projections;
  4. Building massing including the lengths of uninterrupted wall planes and offsets that penetrate the roofline;
  5. Design of large buildings to appear as multiple structures through the use of varied roof forms, building projections, vertical or horizontal offsets, or architectural details;
  6. Building height and massing relative to abutting land uses and buildings;
  7. Exterior floor-to-floor height of each story and the delineations between individual floors;
  8. Building projections on the front facade below the eave line, which may consist of stoops, bay windows, covered porches, extruded entrances, or pedestrian arcades;
  9. Heights, widths, and materials of porches and arcade columns;
  10. Building wall articulations, which may include, among other treatments, a porch, stoop, balcony, windows and casings, cornices, lintels, columns, pilasters, etc.
  11. Details of front entrances;
  12. Fenestrations including the design and placement of doors and windows;
  13. Level of quality and architectural interest of buildings;
  14. Type, height, and style of building, site, and pedestrian lighting;
  15. Orientation of buildings and building features to the street, e.g. overhead doors;
  16. Location and screening treatments of ground, building, or roof-mounted mechanical and utility equipment;
  17. Other building form and design treatments as contextually appropriate.
2. Single Family Attached and Multiplex Units:
  1. Width, separation, and orientation of front-facing garage doors and the maximum percentage of the horizontal plane of the front building facade;
  2. Street-facing orientation and minimum distance between primary building entrances and the shelter of entrances by a front porch;
  3. Continuity and cohesiveness of the building architecture and its features and patterns with that of the adjacent buildings;
  4. Articulation of building facades for the purpose of creating visual interest and avoiding monotony;
  5. First floor elevations above the finished grade and foundation skirting treatments relative to those of the adjacent buildings;
  6. Sizes and locations of windows and their relative percentage of the front façade, together with their accentuations, e.g. shutters, awnings, or decorative framing; and
  7. Quality, sustainable finish materials of all building walls and roofs and their compatibility with that of the adjacent and surrounding buildings.

Approval of Application. If the site and building design plans are in substantial compliance with the standards of this Unified Development Ordinance, the Director may approve and transmit the plans to the Building Official along with any advice as to conditions which may have been attached to such approval.

Review of Planning Commission. If in the determination of the Director that a site or building is not in substantial compliance with the standards of this Unified Development Ordinance, the Director may forward the site and building design plans for their consideration and approval or denial of the plans by the Planning Commission.

Denial and Appeal of Application. In the event the site and building design plans are deemed nonconforming and therefore, denied by the Director or the Planning Commission, the owner or the agent or representative may appeal the decision in writing to the Design Review Board. In the event of an appeal, the Design Review Board shall consider and act on the appeal at its next regularly scheduled meeting. The decision of the Design Review Board shall be final.

Submission of a New Application. If the Director determines that the site and building design plans should be denied, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.

Effective on: 1/1/1901

Sec. 6-21.6.15 Building Permit

Generally. Procedure shall be according to the procedures set out in the applicable uniform building code.

Standards for Issuance. The Building Official issues building permits upon a finding that the proposed building or structure, or improvements to an existing building or structure, complies with:

Approved plans for development (e.g., site plans), or in the absence of a requirement for previously approved plans, this Unified Development Ordinance (including but not limited to setbacks, building coverage, height, and design); and
All applicable uniform building codes.

Decision. Decisions shall be rendered according to the procedures set out in the applicable uniform building code.

Effective on: 1/1/1901

Sec. 6-21.6.16 Occupancy Permit

Generally. Procedure shall be according to the procedures set out in the applicable uniform building code.

Standards for Issuance. No certificate of occupancy for any building or structure, erected, altered, or repaired after the adoption of this Unified Development Ordinance shall be issued unless such building or structure was erected, altered, or repaired in compliance with the provisions of this Unified Development Ordinance, applicable building codes, approval conditions, and other pertinent ordinances. Certificates of occupancy may be issued as follows:

Certificates of occupancy shall be issued for buildings, structures, or parts thereof, or uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, comply with the provisions of this Unified Development Ordinance, the building code, approval conditions, and all other pertinent ordinances.
A temporary certificate of occupancy may be issued if weather does not permit installation of required landscaping. The Building Official may issue a temporary certificate of occupancy, provided that:
1. The temporary certificate of occupancy may be issued only after the building or structure is fully completed, safe, and ready for occupancy; and
2. The building, structure and/or lot are in conformity with the provisions of this Unified Development Ordinance, applicable building codes, approval conditions, and all other pertinent ordinances.
The Building Official may issue a partial certificate of occupancy for part of a building, structure, or lot prior to the occupancy of the entire building, structure, or lot, provided that such portions of the building, structure, or lot are in conformity with the provisions of this Unified Development Ordinance, applicable building codes, approval conditions, and all other pertinent ordinances. However, partial certificates of occupancy shall not be issued for single-family dwellings, duplexes, or twin homes.

Decision. Decisions shall be rendered according to the procedures set out in the applicable uniform building code.

Decisions shall be rendered according to the procedures set out in the applicable uniform building code.
If the Building Official refuses a certificate of occupancy for cause, the Building Official shall notify the applicant of the refusal and the cause.

Effective on: 1/1/1901

Sec. 6-21.7.1 Temporary Use Permit

Generally. Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” temporary Construction Uses and Buildings require public meeting approval as a precondition to establishment of temporary events, uses, and buildings as set out in Division 1-2.9, Temporary Uses.

Procedure. Applications for temporary use permits requiring public meeting approval are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.10, Public Meetings and Hearings, and shall be referred to for the recommendation of other departments and agencies, as applicable, and then decided by the board, commission, or council as set out in Division 6-21.1, Determinations, Approvals, and Permits.

Decision. The Planning Commission shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.7.2 Site Plan

Generally. Site plans establish the layout of development as set out in Section 6-21.4.1, Submittal Requirements. Site plans require approval after a public meeting as provided in this Section. Site plans that are incorporated into planned development ordinances or attached to permitted special exception use permit applications are also considered under this Section.

Procedure.

Site plans that are not part of other application types are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.10, Public Meetings and Hearings. The application is decided by the Planning Commission after recommendation of the Director, pursuant to the provisions of Section 6-21.5.10, Public Meetings and Hearings.
Site plans that are part of other application types are processed according to the procedures for those applications.

Approval.

Criteria. Site plans shall be approved if it is demonstrated that they meet the applicable substantive requirements of this Unified Development Ordinance. Where the site plans are attached to other applications, the applications shall be conditioned upon implementation of the site plan.
Standards. A site plan must comply with all of the standards of this Unified Development Ordinance, guided by the following design policies:
1. Site plans shall be used to implement the physical design objectives of adopted subarea plans in a manner that is consistent with the standards of this Unified Development Ordinance.
2. The proposed site plan shall be designed to minimize impacts on the reasonable development expectations or the use and enjoyment of adjacent land or the public interest, consistent with the applicable standards of this Unified Development Ordinance.
3. The proposed site plan shall not materially and adversely affect the public health or safety through interpretations of the standards of this Unified Development Ordinance that do not give full effect to other provisions that would be protective to health and safety if applied.
4. The proposed site plan recognizes the limits of existing and planned infrastructure, by thorough examination of the availability and capacity of water, sewer, drainage, and transportation systems to serve present and future land uses.
5. The proposed site plan provides for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment.
6. The proposed site plan provides for efficient and adequate provision of public services and solid waste removal.
7. The proposed site plan protects public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.
8. The proposed site plan provides for accessibility within the proposed development and appropriate connectivity or buffering or both between the development and existing adjacent uses.
9. The proposed site plan minimizes disruptions to existing physiographic features, including vegetation, streams, lakes, soil types, and other relevant topographical elements.

Decision. The Planning Commission shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.7.3 Sketch Plan

Generally. Sketch plans are required for the obtaining approval of a subdivision of land within the territorial jurisdiction of the City of Florence.

Procedures.

Placement on Planning Commission Meeting Agenda. If the Director determines that the sketch plan conforms with all applicable standards of this Unified Development Ordinance and other applicable ordinances, or if the Director determines that the sketch plan will conform pending required minor changes or approvable variances, the subdivider/developer will be notified and the Director shall place the sketch plan on the agenda of an upcoming Planning Commission meeting so that official action can be taken.
Pre-meeting Conference.
1. The Director shall be available to meet with the subdivider/developer and his/her agent to discuss the project prior to the Planning Commission meeting for which it is scheduled.
2. It shall be the responsibility of the subdivider/developer to schedule the pre-meeting conference.
Public Statement of Sketch Plan Conformity. If the sketch plan conforms with all applicable standards of this Unified Development Ordinance and other applicable ordinances, the Director shall make a statement of conformity at the Planning Commission meeting during which the sketch plan is presented for official action.

Denial and Appeal.

Options of Subdivider/Developer. If the Director notifies the subdivider/developer that the sketch plan does not conform with applicable standards of this Unified Development Ordinance, or if the Director notifies the subdivider/developer that the sketch plan will conform pending required changes with which the subdivider/developer does not concur, then the subdivider/developer can either accept the ruling or appeal the ruling to the Planning Commission. The subdivider/developer may also appeal to the Planning Commission if the staff does not provide notification of conformity or non-conformity within 30 calendar days.
Modification of Sketch Plan. If the subdivider/developer defers the right of appeal and elects to modify a nonconforming sketch plan and re-submit, the subdivider/developer must restart the procedural steps by submitting a revised sketch plan package, including the payment of additional filing fees.
Appeal. If the subdivider/developer elects to appeal the Director’s decision or appeal because of the failure of the Director to provide notification within 30 calendar days, the subdivider/developer must submit a letter to the chairpersons of the Planning Commission requesting placement on the Planning Commission’s agenda.
1. To place the sketch plan appeal on the Planning Commission’s meeting agenda, the referenced project must have met all project submittal requirements.
2. The appeal letter must be received by the chairperson of the Planning Commission at least 15 days prior to the Planning Commission meeting during which the subdivider/developer would like the sketch plan to be presented for official action.
3. The appeal letter must outline and document the reasons and facts as to why the subdivider/developer believes that the sketch plan conforms to all applicable provisions of this Unified Development Ordinance.
4. A pre-meeting conference attended by the subdivider/developer, at least one member of the Planning Commission, and the Director, or an appointee, must be held prior to the meeting during which the Planning Commission is scheduled to take action regarding the appeal. It shall be the responsibility of the chairpersons of the Planning Commission to schedule this pre-meeting appeal conference. Failure of the subdivider/developer to attend the pre-meeting conference shall result in removal of the appeal from the Planning Commission agenda.

Official Action by the Planning Commission.

The Planning Commission shall take official action regarding the sketch plan (including approval, approval with required changes, or disapproval) during the meeting at which it is presented, or within seven calendar days of the Planning Commission meeting, unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
1. If the Planning Commission issues final disapproval of a sketch plan, the project will be closed and the subdivider/developer will be required to restart the procedural steps for any resubmittals, including the payment of additional filing fees, in order to proceed with the project. However, final disapproval by the Planning Commission does not supersede the subdivider/developer’s right to appeal as defined in the 1994 Planning Enabling Act.
2. If the Planning Commission approves the sketch plan, approves the sketch plan with required changes, or fails to take action within the specified or agreed upon time limit, the subdivider/developer has full authorization to proceed with preparation of a development plan that is in conformity with the approved sketch plan and any attached conditions.
3. All pertinent discussions shall be recorded in the Planning Commission’s meeting minutes. The subdivider/developer shall be provided with a copy of the meeting minutes for his/her records upon request.
It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies. However, the Planning Commission may seek to bring agreement in cases of conflicts between one or more reviewing agencies and the subdivider/developer.

Effective on: 1/1/1901

Sec. 6-21.7.4 Development Plan Appeal

Generally. Development plans are required for submittal upon review by the Director and approval by the Planning Commission of a sketch plan. Based on statements from the reviewing agencies, the Director may disapprove a development plan or approve the development plan pending required changes.

Denial and Appeal.

Options of Subdivider/Developer. If the Director notifies the subdivider/developer that the development plan does not conform with the sketch plan or the applicable standards of this Unified Development Ordinance, or if the Director notifies the subdivider/developer that the development plan will conform pending required changes with which the subdivider/developer does not concur, then the subdivider/developer can either accept the ruling or appeal the ruling to the Planning Commission. The subdivider/developer may also appeal to the Planning Commission if the staff does approve or disapprove the development plan within 30 calendar days.
Modification of Development Plan. If the subdivider/developer defers the right of appeal and elects to modify a nonconforming development plan and resubmit, the development plan process must restart by submitting a revised development plan submittal package.
Appeal. If the subdivider/developer elects to appeal the Director’s decision, or appeal because of failure of the Director to approve or disapprove the development plan within 30 calendar days, the subdivider/developer must submit a letter to the chairperson of the Planning Commission requesting placement on the Planning Commission’s agenda.
1. To place the development plan appeal on the Planning Commission’s meeting agenda, the referenced project must have met all project submittal requirements.
2. The appeal letter must be received by the chairperson of the Planning Commission at least 15 days prior to the Planning Commission meeting during which the subdivider/developer would like to present the development plan for official action.
3. The appeal letter must outline and document the reasons and facts as to why the subdivider/developer believes that the development plan conforms to all applicable provisions of this Unified Development Ordinance.
4. A pre-meeting conference attended by the subdivider/developer, at least one member of the Planning Commission, and the Director, or an appointee, must be held prior to the meeting during which the Planning Commission is scheduled to take action regarding the appeal. It shall be the responsibility of the Director to schedule this pre-meeting appeal conference. Failure of the subdivider/developer to attend the pre-meeting conference shall result in removal of the appeal from the Planning Commission agenda.

Official Action of the Planning Commission.

Official action by the Planning Commission regarding the development plan is required only in the event of an appeal.
1. If official action by the Planning Commission is required as the result of an appeal, then the Planning Commission shall either:
  1. Approve the development plan;
  2. Approve the development plan with required changes; or
  3. Issue final disapproval of the development plan during the meeting at which it is presented, or within seven calendar days of the Planning Commission meeting unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
2. If the Planning Commission issues final disapproval of a development plan following an appeal, the subdivider/developer will be required to restart the development plan submittal and review process if there is an intention to proceed with the project. However, final disapproval by the Planning Commission does not supersede the subdivider’s/developer’s right to appeal as defined in the 1994 Planning Enabling Act.
3. If the Planning Commission approves the development plan following an appeal, or if the Planning Commission fails to take action within the specified or agreed upon time limit, the subdivider/developer is authorized to proceed with construction of the required improvements under supervision of the engineer of record.
  1. The Director shall maintain the official stamped and approved development plans.
  2. All approved construction plans shall be stapled together and must be reproducible.
  3. The phasing of development shall be agreed upon by the reviewing agencies and the subdivider/developer. The development plan shall indicate such phasing.
4. Pertinent comments and recommendations shall be noted in the minutes of the Planning Commission meeting. The subdivider/developer shall be provided with a copy of the meeting minutes upon request.
5. It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies. However, the Planning Commission may seek to bring agreement in cases of conflicts between one or more reviewing agencies and the subdivider/developer.

Effective on: 1/1/1901

Sec. 6-21.7.5 Final Plat Appeal

Generally. After completion of the physical development of all or any completed phase of the area shown on the approved development plan, the subdivider/developer or his/her agent or representative is required to submit a final plat application for approval. If the City determines that all of the required improvements have not been properly installed, inspected, approved, and accepted, the Director shall reject the final plat.

Rejection of Final Plat and Appeal.

Non-Acceptance and Rejection.
1. If City staff determines that all of the required improvements have not been properly installed, inspected, approved, and accepted, then City staff shall provide such written or verbal notification to the Director.
2. Upon receipt of City staff’s notification, but no more than 14 calendar days after the date that the final plat was submitted by the subdivider/developer, the Director shall reject the final plat submittal package and return it to the applicant, along with a cover letter stating the reasons for the rejection.
Options of Subdivider/Developer. Upon rejection of the final plat, the subdivider/developer can either accept the ruling or appeal the ruling to the Planning Commission. The subdivider/developer may also appeal to the Planning Commission if the Director does not approve or reject the final plat within 14 calendar days.
Acceptance of Ruling. If the subdivider/developer accepts the ruling, the required improvements must be completed and the final plat submittal and review process must be restarted.
Appeal. If the subdivider/developer elects to appeal the Director’s decision, or appeal because of failure of the Director to approve or reject the final plat within 14 calendar days, the subdivider/developer must submit a letter to the chairperson of the Planning Commission requesting placement on the Planning Commission’s agenda.
1. To place the final plat appeal on the Planning Commission’s meeting agenda, the referenced project must have met all project submittal requirements.
2. The appeal letter must be received by the chairperson of the Planning Commission at least 15 days prior to the Planning Commission meeting during which the subdivider/developer would like the final plat presented for official action.
3. The appeal letter must outline and document the reasons and facts as to why the subdivider/developer feels that the final plat should be approved.
4. A pre-meeting conference attended by the subdivider/developer, at least one member of the Planning Commission, and the Director, or an appointee, must be held prior to the meeting during which the Planning Commission is scheduled to take action regarding the appeal. It shall be the responsibility of the Director to schedule the pre-meeting conference. Failure of the subdivider/developer to attend the pre-meeting shall result in removal of the appeal from the Planning Commission agenda.

Official Action of the Planning Commission in the Event of a Final Plat Appeal.

Official action by the Planning Commission regarding the final plat is required only in the event of an appeal.
If official action by the Planning Commission is required as the result of an appeal, then the Planning Commission shall approve or reject the final plat during the meeting at which it is presented, or within seven calendar days of the Planning Commission meeting unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
1. If the Planning Commission issues final rejection of a final plat following an appeal, the subdivider/developer must complete the required improvements and then re-start the final plat submittal and review process. However, final disapproval by the Planning Commission does not supersede the subdivider/developer’s right to appeal as defined in the 1994 Planning Enabling Act.
2. If the Planning Commission approves the final plat as the result of an appeal, or if the Planning Commission fails to take action within the specified or agreed upon time limit, the Director shall sign, date, and stamp the final plat as “Approved for Recording.” The approved final plat will then be made available to the subdivider/developer for recording in the office of the Florence County Clerk of Court.
3. Pertinent comments and recommendations regarding the appeal decision shall be noted in the minutes of the Planning Commission meeting. The subdivider/developer shall be provided with a copy of the meeting minutes upon request.
It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies. However, the Planning Commission may seek to bring agreement in cases of conflicts between one or more reviewing agencies and the subdivider/developer.

Effective on: 1/1/1901

Sec. 6-21.7.6 Petition to Designate Historic Properties or Districts

Generally. The procedures of this Section are used for the petition of property owners to request designation of historic properties or districts. In addition to consideration and approval of petitions by property owners, the City Council, upon recommendation of the Design Review Board, may designate historic properties and districts as set out in Section 6-21.7.7, City Designation of Historic Properties or Districts.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review.

Initiation by Petition or Motion. A property owner shall submit an application to the Florence Design Review Board in order to be considered for designation as a historic property. The application shall be in the form and be filed in the manner required by the Director, acting as the Downtown Planning Coordinator.

Standards for Designation. The standards for designation of historic properties are set out in Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review.

Procedure.

In designating a historic property, petitions or motions are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.10, Public Meetings and Hearings, and shall be referred for the recommendation of other departments and agencies, as applicable, and then decided by the Design Review Board as set out in Division 6-21.1, Determinations, Approvals, and Permits.
Generally, the following steps must be followed according to the general procedures of Division 6-21.5, Standardized Development Review Procedures:
1. The petition or motion is referred to the Director for review and recommendation.
2. Once the application is submitted and processed, the Florence Design Review Board shall conduct a public hearing whereas the owner, interested parties, or technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed property. Written notice shall be given and official signs shall be posted as is provided in Section 6-21.6.9, Public Notice. At the hearing, the Director shall make a presentation and make a recommendation to the Florence Design Review Board. Following the hearing and deliberation, the Florence Design Review Board shall forward a recommendation to the City Council.
3. Upon submission by the Florence Design Review Board, the City Council shall give notice and conduct its hearing on the proposed designation. Written notice shall be sent and official signs shall be posted in the same manner as for the Board's hearing. At the hearing, the Director shall present the Florence Design Review Board's recommendation.
Nominated Historic Properties. The City Council may, without a petition, when brought to its attention or on its own motion, consider, propose, and act to designate historic properties. In such a case, the City Council's approved motion to do so will substitute for the property owner's application referred to in Subsection B., above. All relevant procedures outlined in this Subsection shall be followed. However, no recommendation may be forwarded to the City Council unless the Florence Design Review Board's recommendation is supported by a two-thirds majority vote.

Decision.

The City Council shall approve or reject the petition or motion.
The City Council shall cause the designation to be recorded by the City Secretary in the Official Public Records of Real Property of Florence County, the tax records of the City of Florence and the Florence County Tax Assessor’s Office.

Tax Incentives and Funding. In order to qualify for any special funding or tax incentives, historic properties, and contributing resources in historic districts, must maintain the characteristics on the basis of which they were designated, must be properly maintained, and follow all relevant guidelines established by the City.

Effective on: 1/1/1901

Sec. 6-21.7.7 City Designation of Historic Properties or Districts

Generally. The procedures of this Section are used for the City Council, upon recommendation of the Design Review Board, to designate historic properties or districts.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation.

Initiation by Motion. The Design Review Board may review and recommend to the City Council the designation of historic properties or districts.

Nomination of Historic Properties or Districts. The City Council may,on its own motion, consider, propose, and act to designate historic properties or districts. In such a case, the City Council's approved motion to do so will substitute for the property owner's application. All relevant procedures outlined in this Section shall be followed. However, no recommendation may be forwarded to the City Council unless the Design Review Board's recommendation is supported by a two-thirds majority vote.

Procedure.

In designating a historic property or district, motions are processed according to the sequential steps Section 6-21.5.2, Pre-Application Conference through Section 6-21.5.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon recommendation of the Design Review Board.
Generally, the following steps must be followed according to the general procedures of Division 6-21.5, Standardized Development Review Procedures:
1. The motion is referred to the Director for review and recommendation.
2. Once the application is submitted and processed, the Design Review Board shall conduct a public hearing whereas the owner, interested parties, or technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed property or district. Written notice shall be given and official signs shall be posted as is provided in Section 6-21.5.9, Public Notice with the words, "NOTICE OF HISTORIC PROPERTY OR DISTRICT DESIGNATION." At the hearing, the Director shall make a presentation and make a recommendation to the Design Review Board. Following the hearing and deliberation, the Design Review Board shall forward a recommendation to the City Council.
3. Upon submission by the Design Review Board, the City Council shall give notice and conduct its hearing on the proposed property or district designation. Written notice shall be sent and official signs shall be posted in the same manner as for the Design Review Board's hearing. At the hearing, the Director shall present the Design Review Board's recommendation.

Decision.

The City Council shall approve or reject the motion.
The City Council shall cause the designation to be recorded by the City Secretary in the Official Public Records of Real Property of Florence County, the tax records of the City of Florence and the Florence County Tax Assessor's Office.

Effective on: 1/1/1901

Sec. 6-21.7.8 Nomination to the National Register of Historic Places

Generally. The procedures of this Section are used to nominate historic buildings to the National Register of Historic Places. In addition to consideration and approval of petitions by property owners, the Florence Design Review Board may review, evaluate proposed nominations, and make recommendations to the State Historic Preservation Office for consideration of the State Board of Review.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review.

Initiation by Petition or Motion. A property owner shall submit an application to the Florence Design Review Board in order to be considered for nomination to the National Register of Historic Places. The application shall be in the form and be filed in the manner required by the Director, acting as the Downtown Planning Coordinator.

Standards for Designation. The standards for nomination to the National Register of Historic Places is considered by the State Historic Preservation Office and determined by the State Board of Review.

Procedure.

In nominating a property to the National Register of Historic Places, petitions or motions are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.6, Staff Review and Referral, and shall then be referred to the State Historic Preservation Office.
Generally, the following steps must be followed according to the general procedures of Division 6-21.5, Standardized Development Review Procedures:
1. The petition or motion is referred to the Director, acting as the Downtown Planning Coordinator, for review and recommendation.
2. Once the application for nomination is submitted and processed, the Florence Design Review Board shall conduct a public hearing whereas the owner, interested parties, or technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed property and its nomination to National Register of Historic Places. Written notice shall be given and official signs shall be posted as is provided in Section 6-21.5.9, Public Notice. At the hearing, the Director shall make a presentation and make a recommendation to the Florence Design Review Board. Following the hearing and deliberation, the Florence Design Review Board shall forward a recommendation to the State Historic Preservation Office for consideration at a meeting of the State Board of Review.

Effective on: 1/1/1901

Sec. 6-21.7.9 Certificate of Appropriateness in the Downtown Design Districts

Generally. For all applications other than those approved by the Director, as set out in Section 6-21.6.13, Certificate of Completion, the Design Review Board shall hold a public hearing, to consider the application for a Certificate of Appropriateness in the Downtown Districts.

Procedure. Applications for certificates of appropriateness requiring public meeting approval are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.10, Public Meetings and Hearings, and shall be referred for the recommendation of other departments and agencies, as applicable, and then decided by the Design Review Board as set out in Division 6-21.1, Determinations, Approvals, and Permits.

Notice of Public Meeting or Hearing. The time and location of the public hearing shall be published and posted as set out in Section 6-21.5.9, Public Notice.

Demolition. When it is determined by the Director, acting as the Downtown Planning Coordinator, that demolition is a part of a project covered by an application for a Certificate of Appropriateness, the Design Review Board may, if in their judgment the public is best served, postpone action for not more than two scheduled monthly meetings. The initial hearing before the Design Review Board shall be counted as the first of the two monthly meetings. At the end of the above referenced deferral period, the Design Review Board shall approve, disapprove, or approve the application with modifications. Additionally, action may be deferred further by the Design Review Board to the next monthly meeting, but only upon concurrence of the owner/developer or his/her agent or representative.

Recommendation and Decision.

The Director, acting as the Downtown Planning Coordinator, shall make a presentation at the scheduled meeting or hearing and render a recommendation to the Design Review Board. The applicant or his/her agent or representative shall attend the scheduled meeting or hearing to consider the application, otherwise the Design Review Board shall not take action, and the application will be deemed to be incomplete. The applicant's or his/her agent's or representative's failure to attend a second scheduled hearing shall be treated for all purposes as a withdrawal of the application.
The Design Review Board shall review the application, using the design guidelines referenced in Section 4-16.3.1, Guidelines, to make findings of fact to decide whether or not the applicant's plans are appropriate. The decision of the Design Review Board, along with the reasons for each decision, shall be recorded in the minutes and shall be available upon request as a public reference for conservation procedures.
The Design Review Board shall make its determination and forward notice of the same to the Director, acting as the Downtown Planning Coordinator, within 60 calendar days after receipt of a completed application, unless the Design Review Board schedules additional hearings, after the first is timely held, in which case the determination and notification shall be extended;
The Design Review Board may approve an application and condition such approval upon the applicant’s compliance with such revisions, stipulations, or requirements as the Design Review Board may find appropriate.

Resubmission of a Denied Application. A property owner or representative may resubmit the same application for a Certificate of Appropriateness affecting the same parcel or project after 12 months from the date of denial.

Submission of New Application. If in the opinion of the Director, acting as the Downtown Planning Coordinator, there are substantial changes and improvements in the application for a project, the Director shall allow an owner to resubmit an application for a Certificate of Appropriateness affecting the same parcel or lot after a waiting period of 10 days from the date of denial.

Mandatory Mediation of Dispute between Applicant and Design Review Board. In the event an applicant for a Certificate of Appropriateness disagrees with the determination of the Design Review Board regarding the issuance of said certificate, before the applicant can file an appeal as set out in Section 6-23.1.6, Appeals to City Council, the applicant shall take the administrative step of attempting to mediate the dispute by doing the following:

Within 10 days of receiving notice of the initial decision by the Design Review Board, the applicant must provide to the Director, acting as the Downtown Planning Coordinator, written Notice of Disagreement and Agreement to Mediate the issues.
Within 30 days of receiving said Notice of Disagreement, a mediation conference will be held regarding the issues with the following participants:
1. A mediator selected and supplied by the Downtown Redevelopment Corporation;
2. The applicant;
3. A member of the Design Review Board designated as its mediation representative by the chair of the Design Review Board; and
4. The Director, acting as the Downtown Planning Coordinator.
At the mediation conference, the parties will attempt to agree upon a solution to the issues regarding the issuance of a Certificate of Appropriateness. The mediator will make a written report outlining the results of the mediation to the Design Review Board, and consideration of the Certificate of Appropriateness in light of the results of the mediation will be placed on the agenda at the first monthly meeting following the mediation for final consideration by the Design Review Board.
The decision regarding the Certificate of Appropriateness by the Design Review Board after receiving the report from the mediator shall be the final decision of the Design Review Board.

Certificate of Completion. Prior to the Building Official issuing a certificate of occupancy for any project in the Downtown Design Districts, the owner or his/her agent or representative must obtain from the Director a Certificate of Completion, which shall result and be issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness. In the event a Certificate of Completion is denied by the Director, the owner or his/her agent or representative may appeal the decision in writing to the Design Review Board. In the event of an appeal, the Design Review Board shall consider and act on the appeal at its next regularly scheduled meeting.

Project Phasing. Certificates of Appropriateness may be issued for distinct and separate phases of an ongoing project.

Effective on: 1/1/1901

Sec. 6-21.7.10 Certificate of Appropriateness for Historically Designated Properties

Generally. For all applications for Certificates of Appropriateness for historically designated properties outside of downtown, the Design Review Board shall hold a public meeting, or in the case of redevelopment or demolition, a public hearing, to consider the application within 45 calendar days after the receipt of a completed application.

Procedure. Applications for a Certificate of Appropriateness requiring public meeting approval are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.10, Public Meetings and Hearings, and shall be referred for the recommendation of other departments and agencies, as applicable, and then decided by the Design Review Board as set out in Division 6-21.1, Determinations, Approvals, and Permits.

Notice of Public Meeting or Hearing. Prior to the issuance of an approval or denial of a Certificate of Appropriateness, the Design Review Board shall inform the owner(s) of any property likely to be materially affected by the application, and shall give the applicant and such owner(s) an opportunity to be heard.

The applicant and the owners of any property likely to be materially affected by the application shall be given written notice of the time and place of the meeting by regular mail sent at least 15 days before the meeting.
Written notices shall be sent and official signs shall be posted according to the standards set out in Section 6-21.5.9, Public Notice, with the words, "NOTICE OF APPLICATION FOR CERTIFICATE OF APPROPRIATENESS," with the number and location of said signs determined by the Director.

Demolition. If the Design Review Board denies, or postpones for 180 days, a request to demolish a historic building, the Design Review Board shall work closely with the owner to find an appropriate use for the property, to help find a buyer, or to obtain funding for rehabilitation, including low-interest loans or grants. The Design Review Board shall inform the community concerning the threat to the building, its value as part of the fabric of the community, and, through publicity and contacts with civic groups, seek to provide assistance in preserving the property.

Recommendation and Decision.

The Director, acting as the Downtown Planning Coordinator, shall make a presentation at the scheduled meeting or hearing and render a recommendation to the Design Review Board. The applicant or his/her agent or representative shall attend the scheduled meeting or hearing to consider the application, otherwise the Design Review Board shall not take action, and the application will be deemed to be incomplete. The applicant's or his/her agent's or representative's failure to attend a second scheduled hearing shall be treated for all purposes as a withdrawal of the application.
The Design Review Board shall review the application, using the design guidelines, to make findings of fact to decide whether or not the applicant's plans are appropriate. The decision of the Design Review Board, along with the reasons for each decision, shall be recorded in the minutes and shall be available upon request as a public reference for preservation procedures.
The Design Review Board shall make its determination and forward notice of the same to the Director, acting as the Downtown Planning Coordinator, after receipt of a completed application, unless the Design Review Board schedules additional hearings, after the first is timely held, in which case the determination and notification shall be extended;
The Design Review Board may approve an application and condition such approval upon the applicant’s compliance with such revisions, stipulations, or requirements as the Design Review Board may find appropriate.

Time Limits. Applications for a Certificate of Appropriateness shall be considered by the Design Review Board at its next regular meeting, provided they have been filed at least seven calendar days before their regularly scheduled meeting. If the Design Review Board fails to take action upon any application within 45 days after the complete application is received, the application shall be considered approved, except in cases where the Design Review Board has postponed an application to demolish a structure under the provisions contained in Subsection C., above.

Denial and Substantial Hardship.

In the event a Certificate of Appropriateness is denied, the property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines for historic properties. Substantial hardship is to be considered by the Design Review Board where one or more of the following unusual and compelling circumstances exist:
1. The property cannot reasonably be maintained in the manner dictated by the Unified Development Ordinance;
2. There are no other reasonable means of saving the property from deterioration, or collapse; or
3. The property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.
The owner may be required to submit documents to show that the design guidelines cannot be complied with while earning a reasonable rate of return on investment in the property. Information required may include:
1. Costs of the proposed development with and without modification needed to comply with the design guidelines as determined by the Board,
2. Structural report and/or a feasibility report,
3. Market value of the property in its present condition and after completion of the proposed project,
4. Cost of the property, date purchased, relationship, if any, between seller and buyer, and terms of financing,
5. For the past two years, annual gross income from the property with operating and maintenance expenses, depreciation, and annual cash flow before and after debt service during that time, and
6. Other information considered necessary by the Board to determine whether or not the property may yield a reasonable return.

Submission of New Application. If the Design Review Board determines that a Certificate of Appropriateness should be denied, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.

Project Phasing. Certificates of Appropriateness may be issued for distinct and separate phases of an ongoing project.

Effective on: 1/1/1901

Sec. 6-21.7.11 Permitted Special Exception Use Approval

Generally. A permitted special exception use is a use that is allowed within a zoning district, but which is subject to specific standards and a public hearing process in order to reduce the potential for incompatibility with other uses within the district. These uses commonly have the potential for various adverse impacts such as traffic congestion, noise, visual and aesthetic impacts, which if unmitigated, could undermine the integrity of the zoning district. The designation of a use as a permitted special exception use means that it is only allowed in a proposed location if all of the conditions applicable to the use, set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards, the general standards of Subsection C., below, and all of the other applicable requirements of this Unified Development Ordinance, are met.

Application Requirements. Applications for approval of a permitted special exception use permit shall be on a form approved by the Director and include the contents set out in Section 6-21.4.1, Submittal Requirements, Subsection D., Use Permits.

Criteria for Approval. In addition to the applicable standards of this Unified Development Ordinance, including those set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards, all permitted special exception uses shall comply with the all of the following general standards:

The permitted special exception use shall not be of a type that would tend to undermine the implementation of an adopted plan that includes the parcel proposed for development.
The permitted special exception use shall be compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the planned or anticipated development or redevelopment trajectory.
There is no practicable alternative location where the use is permitted as-of-right within 1,000 feet of the parcel proposed for development, or, if such a location exists, the proposed location is more favorable in terms of:
1. Providing a needed community service;
2. Providing a critical mass of jobs that are likely to pay more than the median wages for the region;
3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; or
4. Making more efficient use of public infrastructure, such as off-peak street capacity.
The approval of the permitted special exception use will not create a critical mass of similar permitted special exception uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
The permitted special exception use and any conditions of development shall adequately protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.
The permitted special exception use will not use an unfairly disproportionate share of public services that would compromise the delivery of those services to other uses in the vicinity. Applicable public services include, but are not limited to, utilities, police protection, fire protection, schools, parks, and libraries.

Procedure. In issuing a permitted special exception use permit, applications are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference through Section 6-21.5.10, Public Meetings and Hearings. The application is decided by the Board of Zoning Appeals after recommendation of the Director, pursuant to the public meetings provisions of Section 6-21.5.10, Public Meetings and Hearings.

Decision; Conditions of Approval. The Director may recommend, and the Board of Zoning Appeals may attach, conditions of approval to the permitted special exception use in order to mitigate its impacts (or reasonably foreseeable impacts) such that it complies with the criteria of Subsection C., above, and/or to assure and monitor continued compliance with this Unified Development Ordinance. Conditions shall be roughly proportional to the impacts to which they are addressed, taking into account the mitigating effects of applicable requirements set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards. The subject matter of conditions, by way of illustration and not limitation, may include:

Additional landscaping or buffering, or landscaping improvements;
Building or façade improvements;
Specification of hours of operation;
Limitations on the use or related activities;
Noise abatement measures;
Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
Measures to control, mitigate, or direct traffic;
Parking, loading, and site circulation adjustments;
Restrictions on outdoor displays, sales, or storage;
Standards and assurances regarding the maintenance of property;
Restrictions on signage that relate only to the sign structure, materials, lighting, placement, size, or type, but not to the content of messages displayed (unless such messages are not protected speech); and
An expiration date for the permit, before which the permit must be renewed in order for the permitted special exception use to continue to operate.

Annotation of Official Zoning Map. If the application is approved, the Official Zoning Map shall be annotated to reference the approval by case number.

Effective on: 1/15/2018

Sec. 6-21.7.12 Zone Change

Generally. The boundaries of any zoning district in the City may be changed, or the zone classification of any parcel of land may be changed, as provided in this Section.

Initiation of Zone Change.

A zone change (rezoning) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, the Planning Commission, or by the Director. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Director, as set out in Section 6-21.4.1, Submittal Requirements, Subsection E., Map and Text Amendments.
The Director may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: traffic (trip generation), drainage, visual, aesthetic, and land use adjacency impacts, water and wastewater use and availability, and other information determined by the City as necessary to make an informed analysis and decision.

Criteria for Approval. The Planning Commission may recommend approval, and City Council may grant the approval of a zone change request if it is demonstrated that:

The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans;
The proposed zoning is consistent with the future land use plan of the Comprehensive Plan (a future land use plan amendment may be processed concurrently with the zone change);
The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;
The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this Unified Development Ordinance, including parking and buffering requirements; and
The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

Procedures. Applications for zone changes are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference through Section 6-21.5.10, Public Meetings and Hearings, and shall be decided by the City Council after recommendation of the Planning Commission pursuant to the public hearing provisions of Section 6-21.5.10, Public Meetings and Hearings. The Planning Commission shall hold a public hearing. The procedure shall incorporate the following additional requirements, which supersede any conflicting provisions in Division 6-21.5, Standardized Development Review Procedures:

A pre-application conference is required for an application for a zone change.
The period for completeness review is 20 days from the date of receipt of the rezoning application. If the Director requires additional information pursuant to Subsection B.2., above, the Director may retain the application and notify the applicant regarding the specific information requested.
The applicant shall provide the additional information within 25 days of the date of the Director's request. If the materials are not submitted within said time period, the application shall lapse.
The Planning Commission shall hold a public hearing on the proposed zone change and issue a final report to the City Council. The Planning Commission may defer its report for no longer than its next meeting to have an opportunity to consider revisions to the submittal that are requested from or volunteered by an applicant, which may have a direct bearing on the proposed zone change.
The Director shall forward the final report from the Planning Commission to the City Council with a recommendation.

Decision.

The City Council shall hold a public hearing on the proposed zone change and, at the close of the hearing shall, based upon the recommendations of the Director and/or Planning Commission, within 14 days:
1. Approve the zone change by ordinance;
2. Approve the zone change by ordinance with modifications;
3. Deny the zone change; or
4. Refer the proposed zone change back to the Planning Commission, to the Director, to a committee of the City Council, or to an ad hoc committee for further consideration.
The City Council shall support its decision with written findings of fact regarding the approval criteria in Subsection C., above.

Effective on: 1/1/1901

Sec. 6-21.7.13 Text Amendments

Generally. The City Council may amend the text of this Unified Development Ordinance in accordance with the procedures set forth in this Section and Division 6-21.5, Standardized Development Review Procedures, to implement the Comprehensive Plan, as may be amended from time to time, conform to state or federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City.

Initiation of Amendment. Petitions for amendments to this Unified Development Ordinance shall be made to the Director. The City Council and any other body that is described in Article 20, Administrative Bodies, may initiate an amendment by motion.

Criteria for Text Amendments. Recommendations and decisions regarding petitions for amendments to text of this Unified Development Ordinance are legislative in nature, but shall be based on consideration of all the following criteria:

The proposed amendment will help to implement the adopted Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Plan when compared to the existing Unified Development Ordinance.
The proposed amendment is consistent with the stated purposes of this Unified Development Ordinance.
The proposed amendment will maintain or advance the public health, safety, or general welfare.
The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
The proposed amendment will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Procedure. Text amendments are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference(for privately initiated text amendments)through Section 6-21.5.10, Public Meetings and Hearings, and shall be decided by the City Council after recommendation of the Planning Commission pursuant to the public meetings provisions of Section 6-21.5.10, Public Meetings and Hearings. The Planning Commission shall hold a public hearing. The procedure shall incorporate the following additional requirements:

Staff Review. The Director shall review each proposed amendment in light of the approval criteria of Subsection C., above, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Director shall provide a report and recommendation to the Planning Commission.
Planning Commission Recommendation.
1. The Planning Commission shall hold a hearing on the proposed text amendment. Following the hearing, the Planning Commission shall make a final report to the City Council.
2. If no final report is made within 45 days of the Planning Commission's hearing, then the Planning Commission may request an extension of time from the City Council. Such request shall be within the 45-day period. If no final report is made and no extension is granted, the City Council may act on the proposed amendment without a recommendation from the Planning Commission.
3. Failure of the Planning Commission to issue a final report to the City Council shall be interpreted as a final report with no recommendation.
4. Upon receiving the report of the Planning Commission, the Director shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration.
City Council Action. Upon receipt of the final report from the Planning Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment, based on the approval criteria in Subsection C., above. The City Council also may refer the proposed amendment back to the Planning Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).

No Retroactive Cure of Violations. The amendment of the text of this Unified Development Ordinance may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-21.7.14 Variance

Refer to Article 22, Variances, Appeals, and Interpretations.

Effective on: 1/1/1901

Sec. 6-21.7.15 Minor Adjustments

Refer to Article 22, Variances, Appeals, and Interpretations.

Effective on: 1/1/1901

Sec. 6-21.7.16 Administrative Appeal

Refer to Article 22, Variances, Appeals, and Interpretations.

Effective on: 1/1/1901

Sec. 6-21.7.17 Appeals to the City Council

Refer to Article 22, Variances, Appeals, and Interpretations.

Effective on: 1/1/1901

Sec. 6-22.1.1 Eligible Applicants

Generally. There are certain eligibilities of those who may initiate an application for variances, appeals, and interpretations from the standards, requirements, and terms of this Unified Development Ordinance. Parties not listed in Table 6-22.1.1, Eligible Applicants, may petition the City Council to initiate a change, but the City Council is not bound to act on the behalf of the petitioner.

Eligibility. The following applicants may make application for variances and appeals to the standards, requirements, and terms of this Unified Development Ordinance:

Table 6-22.1.1 Eligible Applicants
Eligible Applicant	Variance	Appeal
Property Owner	Yes	Yes
Agent or Representative of Property Owner	Yes	Yes
Option Holder	No	No
Aggrieved Party	No	Yes
Director	No	Yes
Planning and Zoning Commission	No	No
City Council	No	No

Effective on: 1/1/1901

Sec. 6-22.1.2 Variances

Generally. The variance process is intended to provide limited relief from the requirements of this Unified Development Ordinance in those cases where strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this Unified Development Ordinance.

Exceptions. Some variances are not within the jurisdiction of the Board of Zoning Appeals (BZA), and are therefore, not subject to this Section. These variances are:

Building code variances (variances to the requirements of adopted standardized building codes and amendments to such codes that are adopted by the City of Florence), which are subject to the requirements of Chapter 4, Buildings; Construction and Related Activities, Code of Ordinances, City of Florence, South Carolina, or where such Chapter is silent, the adopted standardized code.
Variances from the terms of one or more conditions of approval imposed by a development review body described in Article 20, Administrative Bodies. Modifications to conditions of approval shall be sought from the body that granted the approval.
Variances that would have the effect of making existing nonconforming or illegal construction (buildings and structures), site improvements, parking, or landscaping conforming. Nonconforming situations are subject to the requirements of Article 19, Nonconformities.
Adjustments to landscaping and parking requirements which may be authorized by the Planning Commission pursuant to Section 6-21.7.2, Site Plan, although deviations that are greater than those allowed by Section 6-22.1.3, Minor Adjustments, may be processed pursuant to this Section.
Variances to the City’s storm drainage and erosion and sediment control standards, which may be authorized by the Planning Commission.
1. The Planning Commission will not consider a variance unless specific reasons justifying the variance are provided by the applicant.
2. The City staff will conduct its review of the request for a variance within 10 working days from the receipt of the request, after which it will be approved or disapproved by the Planning Commission.
3. The Planning Commission may impose reasonable conditions, in its judgment, in order to justify a variance while still maintaining the intent, purposes, and objectives of this Unified Development Ordinance.

Prohibitions.

Variances shall not be used to allow a use in a zoning district in which the use is prohibited (variances to Division 1-2.7, Land Uses).
Variances shall not be used to modify any requirements that are set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards, with respect to an application for permitted special exception use approval.
State and/or federal laws and/or regulations may not be varied by the City unless such authority is expressly granted to the City.

Application Requirements. Applications for variances shall be on a form approved by the Director and include the contents set out in Section 6-21.4.1, Submittal Requirements, Subsection G., Variances and Appeals.

Procedure. Variances are processed by the Board of Zoning Appeals as a public meeting approval. The Board of Zoning Appeals may approve, approve with conditions, or deny a variance.

Obligation of Applicant. It is the obligation of an applicant, who bears the burden of proof, to present facts about the circumstances which would justify a variance in convincing fashion so that the decision-making authorities (e.g. Board of Zoning Appeals, Planning and Zoning Commission, or Director) may be satisfied that the request is not injurious from a public health, safety, and general welfare perspective, and that the effect of the variance will not negatively impact the immediate or general environs of the City.

Criteria for Issuance. The Board of Zoning Appeals may grant a variance from the strict application of this Unified Development Ordinance if the variance is not prohibited by Subsection C., above, and the Board of Zoning Appeals finds that all of the following are demonstrated:

The request for the variance is rooted in special conditions of the applicant's property that do not generally exist on other properties in the same zoning district;
Due to such special conditions, the literal enforcement of the strict terms of this Unified Development Ordinance would cause an unnecessary hardship on the applicant;
The variance is not contrary to the public interest, in that:
1. It does not allow applicants to frustrate the application of the Unified Development Ordinance for:
  1. Self-imposed hardships;
  2. Hardships based solely on financial considerations, convenience, or inconvenience; or
  3. Conditions that are alleged to be "special," but that are actually common to many properties within the same zoning district.
2. The variance will not have a detrimental impact upon:
  1. The current or future use of adjacent properties for purposes for which they are zoned;
  2. The economic welfare of the area in which the subject property is located;
  3. The flight operations of Florence Regional Airport;
  4. Public infrastructure or services; and
  5. Public health, safety, or welfare.
3. The degree of variance from this Unified Development Ordinance is the least that is necessary to grant relief from the identified unnecessary hardship.
4. The variance is not used to circumvent other procedures and standards of this Unified Development Ordinance that could be used for the same or comparable effect (e.g., if alternative development standards, alternative development patterns, or other flexible measures in this Unified Development Ordinance are available that would avoid or mitigate hardship without using a variance, then they must be used).
5. By granting the variance, the spirit of the Unified Development Ordinance is observed and substantial justice is done.

Criteria for Issuance of Variances within the Navigable Airspace of the Florence Regional Airport.

Initiation of Application. The variance process may be initiated by application of the property owner or upon the request of the Director, any City Council member, or may be included within an application for development approval.
Application Requirements.
1. The application for a variance shall be accompanied by a determination shall be made and provided by the Federal Aviation Administration (FAA) as to the effect of the requested variance on the operation of air navigation facilities and the safe and efficient use of navigable airspace.
2. No application for a variance to the requirements of this Unified Development Ordinance may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Airport Operator for advice as to the aeronautical effects of the variance. If the Airport Operator does not respond to the application within 15 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny the application for a variance.
Standards for Grant of Variance. The basis of the variance may be one or more of the following:
1. The terms of a variance shall observe the spirit of the regulations, secure public welfare and safety, and do substantial justice, and shall be limited to the extent necessary to prevent depriving the property owner of all reasonable use of the property.
2. Evidence of unique, unnecessary, or unreasonable hardships that would occur if the strict letter of the regulations were enforced, and that cannot be satisfactorily mitigated through other means, including an appropriate zone change (decision on variance may be postponed to allow for opportunity to process a zone change request or to pursue other mitigation efforts).
3. Evidence of irreversible reliance by the applicant on pre-existing terms and conditions of development orders that are applicable to the property.
4. Evidence from affected public entities that the failure to obtain a variance is likely to result in a default in the repayment of bonded indebtedness.
5. Evidence of marginal benefit to the public health safety and welfare that would result by the strict enforcement of the regulations that is out of proportion to the magnitude of the burdens imposed on the property owner.
Conditions of Variance. Any permit or variance granted, if such action is deemed advisable to effectuate the purpose of this Unified Development Ordinance and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure in question to install, operate, and maintain at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration (FAA), the South Carolina Aeronautics Commission, and the Airport Operator.

Criteria for Issuance of Floodplain Variances. Where an application for a variance is within a flood hazard area, the Board of Zoning Appeals, shall seek and consider the recommendations of the Director, acting as the Floodplain Administrator, and Director of Public Work and Utilities, together with the following:

1. Historic Structures - Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

1. Functionally Dependant Uses – Variances may be issued for development necessary for the conduct of a functionally dependant use, provided the criteria of this Article are met, no reasonable alternative exist, and the development is protected by methods that minimize flood damage and create no additional threat to public safety.

1. Agricultural Structures - Variances may be issued to wet floodproof an agricultural structure provided it is used solely for agricultural purposes. In order to minimize flood damages during the base flood and the threat to public health and safety, the structure must meet all of the conditions and considerations of Number 6 (Floodways) of this section and the following standards:

1. 1. Use of the structure must be limited to agricultural purposes as listed below:

1. 1. 1. Pole frame buildings with open or closed sides used exclusively for the storage of farm machinery and equipment,

1. 1. 1. Steel grain bins and steel frame corncribs,

1. 1. 1. General-purpose barns for the temporary feeding of livestock that are open on at least one side;

1. 1. 1. For livestock confinement buildings, poultry houses, dairy operations, and similar livestock operations, variances may not be issued for structures that were substantially damaged. New construction or substantial improvement of such structures must meet the elevation requirements of Section 4-12.6.3.2.b of this ordinance; and,

1. 1. The agricultural structure must be built or rebuilt, in the case of an existing building that is substantially damaged, with flood-resistant materials for the exterior and interior building components and elements below the base flood elevation.

1. 1. The agricultural structure must be adequately anchored to prevent flotation, collapse, or lateral movement. All of the structure's components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, hydrodynamic, and debris impact forces. Where flood velocities exceed 5 feet per second, fast-flowing floodwaters can exert considerable pressure on the building's enclosure walls or foundation walls.

1. 1. The agricultural structure must meet the venting requirement of Section 4.12.6.3.2.d of this ordinance.

1. 1. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation (BFE), plus any required freeboard, or be contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 4-12.6.3.1.e of this ordinance

1. 1. The agricultural structure must comply with the floodway encroachment provisions of Section 4-12.6.3.2.e of this ordinance.

1. 1. Major equipment, machinery, or other contents must be protected. Such protection may include protective watertight floodproofed areas within the building, the use of equipment hoists for readily elevating contents, permanently elevating contents on pedestals or shelves above the base flood elevation, or determining that property owners can safely remove contents without risk to lives and that the contents will be located to a specified site out of the floodplain.

1. Considerations - In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:

1. 1. The danger that materials may be swept onto other lands to the injury of others;

1. 1. The danger to life and property due to flooding or erosion damage, and the safety of access to the property in times of flood for ordinary and emergency vehicles;

1. 1. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

1. 1. The importance of the services provided by the proposed facility to the community;

1. 1. The necessity to the facility of a waterfront location, where applicable;

1. 1. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

1. 1. The compatibility of the proposed use with existing and anticipated development, and the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

1. 1. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

1. 1. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges; and

1. 1. Agricultural structures must be located in wide, expansive floodplain areas, where no other alternative location for the agricultural structure exists. The applicant must demonstrate that the entire farm acreage, consisting of a contiguous parcel of land on which the structure is to be located, must be in the Special Flood Hazard Area and no other alternative locations for the structure are available.

1. Findings - Findings listed above shall be submitted to the appeal board, in writing, and included in the application for a variance. Additionally, comments from the Department of Natural Resources, Land, Water and Conservation Division, State Coordinator's Office, must be taken into account and included in the permit file.

1. Floodways - Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result unless a CLOMR is obtained prior to issuance of the variance. In order to ensure the project is built in compliance with the CLOMR for which the variance is granted the applicant must provide a bond for 100% of the cost to perform the development.

1. Conditions - Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. The following conditions shall apply to all variances:

1. 1. Variances may not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.

1. 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

1. 1. Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

1. 1. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk. Such notification shall be maintained with a record of all variance actions.

1. 1. The local floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) upon request.

1. 1. Variances shall not be issued for unpermitted development or other development that is not in compliance with the provisions of this ordinance. Violations must be corrected in accordance with Section 4-12.6.2.3.e of this ordinance.

Reports to the City Council. When an application for a variance is denied for failure to meet the requirement of "special conditions", then the Board of Zoning Appeals shall report to the City Council as to whether it is appropriate and reasonably practicable to formulate a general regulation for such conditions or situations, and amend the Unified Development Ordinance accordingly.
Notification. All applicants requesting a variance from the provisions of this Unified Development Ordinance shall be notified in writing of the final action taken by the authorized governmental authority.
Timing. An approved amendment by the City Council to the text or map shall become effective immediately after such adoption. Any amendment to the Official Zoning Map shall be made by the Director, or an appointee, within seven days thereafter.
Order to Issue Permit. An approved variance shall be accompanied by an order of the Zoning Board of Appeals to direct the issuance of a permit.
Annotation and Recording. Variance approvals shall be recorded by the Director at the applicant's expense. Upon recording, the Director shall annotate the Official Zoning Map with the case number of the variance.

Effective on: 1/15/2018

Sec. 6-22.1.3 Minor Adjustments

Generally. This Section sets out the required review and approval procedures for minor deviations from otherwise applicable standards that may be approved by the City Council or Planning Commission.

Purpose. Minor modifications are to be used when the small size and de minimus (inconsequential) impact of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, makes it unnecessary to complete a formal variance process and where the modification maintains the intent of this Unified Development Ordinance and other plans of the City.

Standards for Approval. Unless otherwise specified, allowed or restricted elsewhere in this Unified Development Ordinance, as part of the review and approval of any procedure set forth in this Unified Development Ordinance, the Planning Commission or City Council may approve minor deviations if the decision-making body finds that the deviation meets all of the following criteria:

The requested deviation is consistent with the stated purposes of this Unified Development Ordinance;
The requested deviation meets all other applicable building and safety codes;
The requested deviation does not encroach into a recorded easement or cross a building line;
The requested deviation continues to advance the welfare of the area and the City.
The requested deviation will have no adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated; and
The requested deviation is necessary to either:
1. Compensate for some practical difficulty or some unusual aspect of the site of the proposed development not shared by landowners in general; or
2. Accommodate an alternative or innovative design practice that achieves to the same or better degree the objective of the existing design standard to be considered.

Limitations and Prohibitions.

The Planning Commission shall only approve minor adjustments for landscaping and parking standards.
In no circumstance shall the following be considered as a minor deviation:
1. A change in permitted uses or mix of uses;
2. A change in the boundaries of a zoning district reflected on the Official Zoning Map;
3. To extend physically a nonconforming use of land;
4. A building height that encroaches into a height hazard zone of the airport unless otherwise approved.
5. A deviation from the limited or permitted special exception use standards set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
6. A change in conditions attached to the approval of any plat, plan or permit; or
7. Any decision by the Board of Zoning Appeals.

Procedure. The Planning Commission or City Council may initiate or approve a minor deviation at any time before it takes action, or as part of taking action, on a development plan, plat, or permit under its jurisdiction.

Annotation. Staff shall specify any approved minor deviations and the justifications for such deviations on the plan, plat, or permit for which the deviations were sought.

Effective on: 1/1/1901

Sec. 6-22.1.4 Appeals; Economic Hardship Waiver for Certificates of Appropriateness

Generally. The relief available in this Section is intended only for applicants whose applications for a certificate of appropriateness are denied.

Economic Hardship Waiver. Within 10 calendar days of receipt of written notification from the Design Review Board of the denial of a certificate of appropriateness to demolish a historic resource or any part of it, an aggrieved applicant may file an economic hardship waiver application with the Director. Within 60 calendar days of the applicant’s receipt of the denial notice, a waiver applicant must have a complete application on file, including all required documentation and exhibits, including, without limitation:

Appraisal of the property by a licensed real estate appraiser;
Estimated costs for appropriate rehabilitation prepared by a licensed architect or engineer with experience in historic preservation;
Documentation of consideration of alternative uses for the property; and
Documentation of public advertisement to solicit a buyer willing to appropriately rehabilitate the property.

Waiver Required. If a certificate of appropriateness is denied, then no building permit or demolition permit shall be issued unless the Design Review Board makes a finding that hardship exists and approves a waiver.

Standards for Approval of Waiver. Applicants for economic hardship waivers must prove with adequate and sufficient documentary and other evidence, that:

The owner cannot make reasonable beneficial use of or, for income-producing properties, the property is not capable of yielding a reasonable return, regardless of whether that return represents the most profitable return possible;
Reasonable efforts to find a party interested in acquiring the property and preserving it have failed; and
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would render it capable of yielding a reasonable return.

Good Faith Required. The applicant shall consult in good faith with the Design Review Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the historic resource.

Waiver Procedures.

The Design Review Board shall hold a public hearing on the hardship waiver application no later than the second regular Design Review Board meeting from the date the completed application is received by the Director.
The applicant shall be given written notice of the time and place of the meeting by regular mail sent at least five business days before the meeting to the address on the application.
Published and posted notice with the words, “NOTICE OF HARDSHIP APPLICATION FOR WAIVER OF CERTIFICATE OF APPROPRIATENESS” are required according to the standards of Section 6-21.5.9, Public Notice, with the number and location of signs to be determined by the Director.
Following the hearing the Design Review Board shall decide whether to grant or deny the hardship application.
In the event the Design Review Board does not act within 120 calendar days of the receipt of the application, the hardship application shall be deemed approved and a certificate of appropriateness granted.

Written Decision Required. A written notice of the Design Review Board’s decision, stating the reasons for granting or denying the hardship application, shall be sent to the applicant by certified mail within five business days after it is rendered.

Appeal to City Council. An applicant who is dissatisfied with any action of the Design Review Board relating to the issuance or denial of a certificate of appropriateness or a waiver of same that is aggrieved by any such decision of the Design Review Board may present to the City Council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, and specifying the grounds of injustice. Such petition shall be presented to the City Council within five business days after the final decision of the Design Review Board, and not thereafter. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision according to Section 6-22.1.6, Appeals to City Council.

Effective on: 1/1/1901

Sec. 6-22.1.5 Administrative Appeals

Generally. Appeals from decisions of City Staff are heard by the Board of Zoning Appeals as provided in Subsection C., below.

Procedures; Generally. Questions arising in connection with the interpretation and enforcement of this Unified Development Ordinance shall be presented first to the appropriate administrative officer of the City, that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decisions of that person or department, and that recourse from the decision of the Board of Zoning Appeals shall be to a State District Court, with limitations placed upon any decision by the Court in recognition of the authority granted to the City under the State Constitution.

Jurisdiction; Limitation of Jurisdiction. The Board of Zoning Appeals may decide appeals of dispositive administrative decisions made during the processing of applications for approvals pursuant to this Unified Development Ordinance. An asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by any administrative officer in interpreting the provisions of this Unified Development Ordinance may be appealed to the Board of Zoning Appeals, provided that:

The action by the administrative officer is dispositive with respect to the application or a material part of it;
There is no other specific appellate procedure provided for the application type in this Unified Development Ordinance or in South Carolina law; and
The administrative appeals process is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, or to seek relief from an enforcement action.

Filing of Appeal; Automatic Stay. An appeal may be brought by any person or entity that is aggrieved by the decision appealed from, as follows:

A complete application for an appeal, including required fees, shall be filed with the Director within 10 days of the date of the decision appealed. No appeal will be heard if the application is untimely.
The filing of an appeal shall stay all proceedings and further actions by both parties in furtherance of the contested action, unless the Director certifies to the Board of Zoning Appeals that, in his/her opinion by reason of facts stated in the certification, such a stay could cause imminent peril to life and/or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Zoning Appeals or by a court of law on notice to the administrative official from whom the appeal is taken, with due cause shown.
Upon a finding that the application is complete, the Director shall schedule the appeal for consideration at a hearing before the Board of Zoning Appeals. The Director and/or the administrative officer from whom the appeal is taken shall transmit all applications and other records pertaining to such appeal to the Board of Zoning Appeals.

Hearing.

Upon receiving the application materials from the Director, the Board of Zoning Appeals shall hold a hearing on the appeal and conduct a hearing in accordance with rules and procedures adopted by the Board.
The burden of proof shall rest with the appellant.

Effect of Appeal. The Board of Zoning Appeals shall have the power to review the decision of the administrative official de novo, and may grant the appeal, grant the appeal with conditions that modify the order or interpretation appealed from, or deny the appeal. However, the Board of Zoning Appeals shall not consider new evidence that was not available to the administrative official.

Effective on: 1/1/1901

Sec. 6-22.1.6 Appeals to City Council

Generally. Appeals from decisions of the Design Review Board and the Planning Commission are heard by the City Council as provided in Subsection C., below.

Jurisdiction; Limitation of Jurisdiction. The City Council may decide appeals of dispositive decisions of the Design Review Board and the Planning Commission which are made during the processing of applications for approvals pursuant to this Unified Development Ordinance. An asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by the Design Review Board or Planning Commission in interpreting the provisions of this Unified Development Ordinance may be appealed to the City Council, provided that:

The action is dispositive with respect to the application or a material part of it;
The appeal is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, or to seek relief from an enforcement action.

Filing of Appeal; Automatic Stay. An appeal may be brought by any person or entity that is aggrieved by the decision appealed, as follows:

A complete application for an appeal, including required fees, shall be filed with the Director within 10 days of the date of the decision appealed from. No appeal will be heard if the application is untimely.
The filing of an appeal shall stay all proceedings and further actions by both parties in furtherance of the contested action, unless the Director certifies to the City Council that, in his or her opinion by reason of facts stated in the certification, such a stay could cause imminent peril to life and/or property. In such case, proceedings shall not be stayed except by a restraining order granted by the City Council or by a court of law on notice to the Director, with due cause shown.
Upon a finding that the application is complete, the Director shall schedule the appeal for consideration at a hearing before the City Council. The Director shall transmit all applications and other records pertaining to such appeal to the City Council.

Hearing.

Upon receiving the application materials from the Director, the City Council shall hold a public hearing on the appeal.
The burden of proof shall rest with the appellant.

Effect of Appeal. The City Council shall have the power to review the decision de novo, and may grant the appeal, grant the appeal with conditions that modify the order appealed from, or deny the appeal.

Effective on: 1/1/1901

Sec. 6-22.1.7 Interpretations

Generally. Any person may request an administrative interpretation of the terms, provisions, or requirements of this Unified Development Ordinance if the application of the terms, provisions, or requirements is not obvious.

Applicability. This Section applies to any request to interpret a provision of this Unified Development Ordinance.

Application Fee.

It is the intent of the City Council that this Unified Development Ordinance be accessible and clear to the residents, business owners, and landowners in the City, and that the spirit of Title 30, Public Records, Chapter 4, Freedom of Information Act of the South Carolina Code of Laws be observed. As such, City Staff will provide:
1. General information to residents, business owners, and landowners with respect to the zoning districts that apply to property;
2. References to the standards that may be applied to individual uses or buildings; and
3. Requested public records that are related to the administration and enforcement of this Unified Development Ordinance.
It is not the intent of the City Council that the Director affirmatively evaluate the full development potential of individual properties or resolve other such detailed inquiries about specific properties or issues without a pending application.
Within these guidelines, the Director is authorized to waive the application fee for specific inquiries that do not involve material time commitments or copying costs, and to charge an hourly research fee for broad inquires that are likely to involve material time commitments. Such fee shall be according to a fee schedule promulgated by City Council resolution.

Process. The interpretation is made by the official charged with administering the provision for which an interpretation is requested (the "responsible official"). The responsible official and the City are not obligated to render an interpretation. The interpretation is not subject to appeal, although related appeals may proceed as provided in this Unified Development Ordinance (e.g., appeals of decisions on applications which may be impacted by the interpretation). After an interpretation is issued, the Director may propose a text amendment to this Unified Development Ordinance to codify the interpretation.

Application Requirements.

Applications for interpretations shall be submitted on a form approved by the Director.
The applicant shall cite the code provision for which interpretation is sought, a description of a hypothetical situation or scenario to which the application of this Unified Development Ordinance is in question, and a statement of the nature of the interpretation sought.

Decision. Within a reasonable period after the application for an interpretation is filed, the responsible official shall make a good faith effort to interpret the provision that is the subject of the application. The responsible official shall respond to the applicant in writing, and shall keep a copy of the response in a record of interpretations. The responsible official may consult with the Director in drafting the interpretation.

Standards for Interpretations. The interpretation shall be based on:

The materials or scenario posed by the applicant;
The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster's Third New International Dictionary or other current and authoritative dictionaries;
The purpose statement for the Unified Development Ordinance Section that is subject to interpretation;
Any other provision of the Comprehensive Plan, the Florence Code of Ordinances, State law, or Federal law that are related to the same subject matter;
Any technical meanings of the words used in the provision subject to interpretation;
Other interpretations rendered by the City relating to the same or related provisions of this Unified Development Ordinance;
The consequences of the interpretation;
The legislative history;
The problem or issue that is addressed by the provision subject to interpretation; and
Sources outside of the Unified Development Ordinance provision that provide a related source for the definition, such as technical or professional literature.

No Legal Advice. The City does not provide legal advice to applicants or property owners. Private parties, including purchasers, lenders, title insurers, and others are advised to seek legal opinions from their attorneys with respect to specific potential applications of this Unified Development Ordinance. No interpretation provided by City Staff pursuant to this Section shall be construed as legal advice.

No Binding Effect. It is the policy of the City to evaluate applications for development approval comprehensively on their individual merits. Therefore, interpretations may be persuasive to the applicable development review bodies, but they are not binding on the City.

Recordkeeping. The Director shall keep records of interpretations made pursuant to this Section.

Effective on: 1/1/1901

Sec. 6-23.1.1 Purpose and Application

Purpose. This Division establishes the procedures that the City may use to assure compliance with the provisions of this Unified Development Ordinance and to correct violations. The Division also sets forth the remedies and penalties that the City may seek to correct violations. The provisions of this Division are intended to encourage the voluntary correction of violations.

Enforcement Official. The provisions of this Unified Development Ordinance shall be administered and enforced by the City Manager or such other person(s) as may be designated by the City Manager.

Compliance Required. No person shall develop or use any land, building, or structure within the City in violation of this Unified Development Ordinance, regulations authorized under this Unified Development Ordinance, or the terms and conditions of permits issued under this Unified Development Ordinance or adopted uniform codes. The use of any land or structure shall conform to all conditions, restrictions, or limitations contained in any permit or required under any ordinance, and failure to so conform shall be a violation of this Unified Development Ordinance.

Continuation of Prior Enforcement Actions. Nothing in this Unified Development Ordinance shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this Unified Development Ordinance. Enforcement actions initiated before the effective date of this Unified Development Ordinance and amendments hereto may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-23.1.2 Violations

Violations. Each of the following activities shall constitute a violation of this Unified Development Ordinance:

Any erection, construction, reconstruction, remodeling, alteration, expansion, movement, or use of any building, structure, or sign, or development or subdivision of any land, or in contravention of any provision of this Unified Development Ordinance or any regulation promulgated under this Unified Development Ordinance or Code of Ordinances.
Failure to perform maintenance that is required by this Unified Development Ordinance or conditions of development approval.
Any activity, lack of required activity, or inactivity in violation of provisions of this Unified Development Ordinance where compliance is or was required for an existing or established or proposed use of land.
Any development, use, construction, remodeling, or other activity in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity, whether issued under or required by this Unified Development Ordinance. By way of example and not limitation:
1. Increasing the density or intensity of any use of any land or structure except in accordance with the requirements of this Unified Development Ordinance or State law;
2. Filing or recording of a subdivision plat in any public office without approval for recording pursuant to this Unified Development Ordinance;
3. Storage, display, or maintenance of goods, materials, products, or other items outside and in plain view including, but not limited to operable vehicles or equipment, or abandoned vehicles, except in compliance with this Unified Development Ordinance;
4. Reduction or diminishment of lot area, setbacks, vegetation, or open space below the minimum requirements set forth in this Unified Development Ordinance or as otherwise approved;
5. Lack of maintenance, damage to, or removal of vegetation in a manner that is inconsistent with this Unified Development Ordinance and not exempt from its application;
6. Creation, expansion, replacement, or change of a nonconformity in a manner that is inconsistent with this Unified Development Ordinance and all other applicable regulations;
7. Failure to remove any sign or sign support, in whole or in part installed, created, erected, or maintained in violation of this Unified Development Ordinance or other codes of the City, or for which a permit has lapsed, or is nonconforming and where action on the nonconformity is required under this Unified Development Ordinance or by an Ordinance of the City;
8. Failure to remove a temporary use once authorization for the temporary use under this Unified Development Ordinance and all other applicable regulations has expired or lapsed;
9. Failure of land uses that existed prior to adoption of this Unified Development Ordinance to comply with provisions of this Unified Development Ordinance where such compliance is required;
10. Failure of a property owners' association to construct, improve, or maintain any amenity, landscaping, buffers, walls or fencing, or other improvements as required by the terms of any permit or approval; and
11. Failure to maintain required stormwater detention, parking, signage, sidewalks, loading, landscaping, screening, fencing or bufferyards as set forth in this Unified Development Ordinance.

Continuing Violations. Each day that a violation or violations occurs or remains uncorrected shall constitute a separate and distinct violation of this Unified Development Ordinance for each violation.

Effective on: 1/1/1901

Sec. 6-23.1.3 Enforcement

Generally. The City may enforce the provisions of this Unified Development Ordinance as set out in this Division, or as otherwise authorized by law.

Responsible Official. The Director, or any person authorized by the Director, the City Manager, or the City Council shall administer and enforce the provisions of this Unified Development Ordinance. The Director may consult with the City Attorney, the City Engineer, and other officials in the exercise of this duty.

Right to Enter. The Director will investigate and find as a matter of fact whether a violation of this Unified Development Ordinance has occurred. The Director or any person authorized by the Director, the City Manager, or the City Council, shall have the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out the duty to enforce this Unified Development Ordinance.

Filing a Complaint. Any person may allege a violation of this Unified Development Ordinance by written and signed complaint that is filed with the Director. Such complaint shall state the factual basis for the alleged violation along with the complainant's name, address, and telephone number.

Notice of Violation. Upon investigation, with or without a complaint, the City may issue a written notice of violation to the owner of property upon which a violation of this Unified Development Ordinance exists. The Notice of Violation shall set forth the grounds upon which the notice is based, including the specific Code Section or Sections at issue.

Correction of Violation.

For a first violation, the person responsible for the violation shall have a period of no more than 15 days to correct the violation.
For a subsequent or continued violation, the person responsible for the violation shall correct the violation within 24 hours.
Any violation that creates an immediate danger to the public safety shall be corrected immediately, regardless of whether it is a first violation, a continuing violation, or a subsequent violation.

Further Enforcement. If the code violation is not corrected in accordance with the requirements of Subsection F., above, then the City may enforce this Unified Development Ordinance in accordance with Chapter 1, General Provisions, Code of Ordinances, City of Florence, South Carolina, or this Division.

Records. The Director shall maintain a record of all complaints of violations of this Unified Development Ordinance, including how they were resolved.

Effective on: 1/1/1901

Sec. 6-23.1.4 Enforcement of Stormwater Pollution Prevention Provisions

Referral to Department of Health and Environmental Control.

The City may, in addition to its enforcement options, refer a site violation to the Department of Health and Environmental Control (DHEC) for review. Referral of a site violation to DHEC may initiate a DHEC construction inspection of the site to verify site conditions. That construction inspection may result in the following actions:
1. Notification through appropriate means to the person engaged in a land disturbing activity to comply with the approved plan within a specified time frame; and
2. Notification of plan inadequacy, with a time frame for the person engaged in a land disturbing activity to submit a revised stormwater pollution prevention plan (SWPPP) to the City and to receive its approval with respect thereto.
Failure of the person engaged in the land disturbing activity to comply with DHEC requirements may result in the following actions in addition to other penalties as provided in Chapter 14 of Title 48 of the Code of Laws of South Carolina, 1976, as amended.
1. DHEC may direct the City to order any person violating any provision of Chapter 14 and/or the Unified Development Ordinance regulations to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order.
2. DHEC may direct the City to refrain from issuing any further building or land disturbance permits to the person having outstanding violations until those violations have been remedied.
3. DHEC may recommend fines to be levied by the City.

Stop Work Orders. The City may utilize "stop work orders" as a part of its inspection and enforcement program in accordance with the following procedures:

The City may issue a stop work order if it is found that a land disturbing activity is being conducted in violation of this Article or of any regulation adopted or order issued pursuant to, in connection with or otherwise related to this Article and that either:
1. Off-site sedimentation resulting from noncompliance with the approved stormwater pollution prevention plan (SWPPP) has eliminated or severely degraded a use in a lake or natural waterway or that such degradation is imminent.
2. Off-site sedimentation resulting from noncompliance with the approved stormwater pollution prevention plan (SWPPP) has caused severe damage to adjacent land.
3. The land disturbing activity is being conducted without the required approved plan.
4. Sediment leaving a site is entering a "common" stormwater control/conveyance device(s) and is restricting design capacity flow.
The stop work order shall be in writing and shall state what work is to be stopped and/or what measures are required to abate the violation. The order shall include a statement of the findings made by the City pursuant to Subsection 1., above, and shall list the conditions under which work may be resumed. The delivery of equipment and material which does not contribute to the violation may continue while the stop work order is in effect. A copy of this Section shall be attached to the order.
The stop work order shall be served by a City person duly authorized by the City Manager, or other person authorized by law to serve process. The stop work order shall be served on the permittee and/or any person the City has reason to believe is responsible for the violation. The person serving process shall post a copy of the stop work order in a conspicuous place at the site of the land disturbing activity.
The directives of a stop work order become effective upon service of the order. Thereafter, any person notified of the stop work order who violated any of the directives set out in the order may be assessed a civil penalty as provided in Section 6-23.1.7, Judicial Remedies.
The City shall designate an employee to monitor compliance with the stop work order. The name of the employee so designated shall be included in the stop work order. The employee so designated shall rescind the stop work order if all the violations for which the stop work order are issued are corrected, no other violations have occurred, and all measures necessary to abate the violations have been taken.
The issuance of a stop work order shall be a final decision subject to judicial review in the same manner as an order in a contested case pursuant to Title 1, Chapter 23, Section 380 of the Code of Laws of South Carolina, 1976. The petition for judicial review shall be filed in the circuit court of the county in which the land disturbing activity is being conducted.

Effective on: 1/1/1901

Sec. 6-23.1.5 Immediate Enforcement Powers

Generally. The City may exercise any of the enforcement powers in this Section prior to initiating judicial process.

Withholding Permits.

No building permit or certificate of occupancy may be issued under this Unified Development Ordinance unless all structures and uses of land and structures permitted under the permit or certificate conform to this Unified Development Ordinance, the regulations promulgated under this Unified Development Ordinance, and the terms and conditions of any other permit issued under this Unified Development Ordinance that apply to the use, structure or land.
The City may deny or withhold all permits, approvals, or other forms of authorization on any land, building, or structure for which there is an uncorrected violation of a Section of this Unified Development Ordinance or of a condition of a permit, certificate, approval or other authorization previously granted by the City. In lieu of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected.

Suspension of Permits. The City may suspend permits, including permitted special exception use permits, for a period of up to 60 days to allow for the correction of the violation or the judgment of the municipal court.

No Acceptance of Public Improvements. No acceptance of public improvements shall be authorized until stated violations are brought into compliance and/or all fines for violations of this Unified Development Ordinance have been paid to the City.

Stop-Work Orders. Whenever any building or structure or site or part thereof is, or is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in violation of any state or municipal building law, or in a manner that endangers life or property, or is in violation with this Unified Development Ordinance, the Director has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard, as follows:

The stop-work order shall be in writing directed to the person on the site at that time most responsible for the work and/or activity, and shall specify the provisions of this Unified Development Ordinance or other law allegedly in violation, and the conditions for resuming work.
After any such order has been served, no work or activity upon the property shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.
The stop-work order shall also indicate that failure to comply with the order may subject the violator to civil and/or criminal liability as penalty for the violation(s), or for the disconnection or discontinuance of utilities needed to conduct business.
In order to enforce a stop-work order, the City may direct utilities to disconnect services. Once conditions are met and violations corrected, the Director shall instruct the utility to reconnect services. The property owner shall bear all expenses related to these actions.
Utilities shall not be disconnected unless the City delivers to the owner and person responsible for activities upon the property a notice of intent to disconnect after 10 days, in order to allow for arrangements to be made for food stuffs and other uses upon the property. This notice may be made at the time of notice of violation and/or any time between when the notice of violation was first issued and up to the expiration of compliance period.
Prior to rescinding a stop-work order, the affected property owner shall have paid to the City all due or delinquent taxes, fines, liens or other obligation.
Once conditions for resuming work have been met, the Director shall rescind the stop-work order.

Revocation of Permits and Approvals.

Revocation of Permits. Any permit, certificate of occupancy, or other approval required under this Unified Development Ordinance shall be revoked when it is determined that:
1. There is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval;
2. The permit or approval was procured by false representation;
3. The permit or approval was issued in error; or
4. There is a violation of any provision of this Unified Development Ordinance.
Notice and Opportunity to Correct. Written notice of revocation stating that such violation shall be corrected within 10 days shall be served upon the property owner, agent, applicant, or other person to whom the permit or approval was issued, or such notice may be posted in a prominent location at the place of violation.
Effect of Notice. No work or construction shall proceed after service of the revocation notice unless such work is to correct a violation.
Failure to Correct. If after the 10-day period, arrangements acceptable to the City have not been made, the Director shall:
1. File litigation in a court of competent jurisdiction; and/or
2. Remove or correct such violation and cause to be placed a lien upon the property and/or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.

Effective on: 1/1/1901

Sec. 6-23.1.6 Abatement

Generally. The City may abate violations of this Unified Development Ordinance pursuant to this Section. This remedy is authorized for, but is not limited to, any situation where any property owner fails to construct, improve, or maintain any improvement that is required by the terms of any permit or approval, or any condition upon any land that is in violation of this Unified Development Ordinance.

Warning Notice Required. Before action is taken to abate a violation to this Unified Development Ordinance or any violation to an ordinance or other policies of the City, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt required to the owner of record of the property, or to the property owner or association, as applicable, and a period of five days shall be given from the date of the notice indicated by the date on the letter. Failure to receive such notice when proof of delivery to the correct address has been provided by the U.S. Post Office shall not forestall enforcement action under this provision.

Timing of Abatement. Unless this notice is appealed, pursuant to requirements herein within 10 days of the posting of the final warning, the City may proceed to abate the violation in accordance with City policies and procedures.

Documentation of Costs. The Director shall keep an account of the direct and indirect cost incurred by the City in the abatement of any violation. The Director shall forward a bill for collection to the violator or association, and to owner of record of the property specifying the nature and costs of the work performed. For purposes of this Section, direct and indirect costs shall include but not be limited to the actual expenses and costs to the City in the preparation of the notices, specifications and contracts, actual physical abatement processes, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes.

Payment of Costs by Owner. The responsibility for payment of the charges for abatement as set forth in this Section shall rest solely upon the owners of the property upon which the abatement occurred, or the property owners' association, as applicable. Such charges shall become a lien upon the real property or properties upon which the violation was located or upon properties associated with the property upon which the violation was located. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes, with which it shall be upon a parity. The lien shall continue until the charges and all interest due and payable thereon are paid.

Allocation of Costs for Property Controlled by Property Owners' Associations. Where a property owner association is involved:

Expenses under Subsection E., above, shall be prorated among all lots and/or owners of lots within the subdivision.
Actions directed under this Section are considered delivered if they are addressed and sent to the responsible person(s) who are shown to be the responsible person(s) on the most recent information provided to the City.

Effective on: 1/1/1901

Sec. 6-23.1.7 Judicial Remedies

Generally. This Section sets out remedies that may be requested by the City to enforce this Unified Development Ordinance in a court of competent jurisdiction. This Section shall not limit the power of the City to pursue multiple or alternative actions, remedies, and penalties, or to pursue actions, remedies, and penalties that are authorized by law but not listed in this Section.

Fines. Any person, firm, corporation, agent, or employee thereof who violates any of the provisions of this Unified Development Ordinance shall be fined according to the provisions of the Code of Ordinances, City of Florence, South Carolina, as amended from time to time.

Injunctive Relief.

The City may seek injunctive relief or other appropriate relief in a court of competent jurisdiction against any person who fails to comply with any provision of this Unified Development Ordinance or any requirement or condition imposed pursuant to this Unified Development Ordinance or any violation to a uniform code or other policies of the City. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this Unified Development Ordinance or continued violation of this Unified Development Ordinance is, will or may be an injury to the public health, safety or general welfare; that the public health, safety or general welfare will or may be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation.
The City may seek an affirmative injunction to require the demolition or removal of a structure, or to allow the City to demolish or remove a structure and recover costs against the landowner, pursuant to the provisions of state law.

Effective on: 1/1/1901

Sec. 6-23.1.8 Special Provisions for Permitted Special Exception Uses

Generally. The provisions of this Section may be applied to enforce a Permitted Special Exception Use Permit.

Inspection. The City may:

Make inspections to determine compliance with the provisions of this Unified Development Ordinance and the permitted special exception use permit, and initiate appropriate action as necessary; and/or
Keep a record of complaints, indicating any action taken. These records shall be made available at the time of renewal of the permitted special exception use permit if there has been a time period placed on the permitted special exception use, or where the Board of Zoning Appeals has been requested to review the permitted special exception use for compliance.

Permitted Special Exception Use Permit Revocation. Upon determination of noncompliance with the provisions of the Permitted Special Exception Use Permit, the City will take actions as necessary to assure compliance. Such actions may include non-renewal or revocation of the permit as follows:

The Director shall provide a notice of violation to the record owner of the property upon which a permitted special exception use is located, advising the owner that the use must be brought into compliance with specified Unified Development Ordinance Sections within 14 days from the date of the notice.
If total compliance has not occurred or a plan for compliance has not been submitted to the Director within 14 days from the date of notice, then the Director shall issue a cease-and-desist order and notify the record owner of a hearing date by the Board of Zoning Appeals to consider revocation of the Permitted Special Exception Use Permit.
The Board of Zoning Appeals shall revoke the Permitted Special Exception Use Permit if the use and/or property is/are not in total compliance. The Board of Zoning Appeals may grant up to a 14-day period for compliance. The Permitted Special Exception Use Permit shall remain in suspension and the cease-and-desist order shall remain in effect until total compliance is obtained.
At the end of a compliance period the Board of Zoning Appeals shall revoke the Permitted Special Exception Use Permit if total compliance has not been obtained.
If the use and property are brought into compliance, any further violation of terms of the Permitted Special Exception Use Permit within 90 days from the initial notice of violation are grounds for immediate revocation of the Permitted Special Exception Use Permit.
Revoked Permitted Special Exception Use Permits may only be reinstated by the City Council, which may impose conditions to ensure compliance.

Effective on: 1/1/1901

Sec. 6-23.1.9 Special Provisions for Historic Preservation

Generally. The purpose of this Section is to provide additional means of enforcing the City's historic preservation program. The remedies available to the City in this Section are in addition to any other remedies allowed by this Unified Development Ordinance or applicable law.

Revocation of Designation. The Design Review Board may revoke classification designators for failure by the property owner(s) within a historic district or of a designated historic property to maintain the structure at the prescribed levels. Revocation procedures shall be as follows:

The affected property owner and all property owners of the affected historic district, as applicable, shall be given written notice of the time and place of the hearing by certified mail sent at least 10 business days before the meeting to the owner’s address of record.
Notice shall be provided by mail and posting as set out in Section 6-21.5.9, Public Notice, with the words, “NOTICE OF HEARING TO WITHDRAW HISTORIC DESIGNATION.” The number and location of posted signs shall be determined by the Design Review Board.
The Director, acting as the Downtown Planning Coordinator, shall make a presentation at the scheduled hearing and render a recommendation to the Design Review Board. The owner or owner’s agent or representative shall attend the scheduled hearing. In the event the owner or owner’s agent or representative fails to be present at the hearing the Design Review Board shall table the item. At any subsequent meeting and regardless of the absence of the owner or owner’s agent or representative, the Design Review Board may take action.
The Design Review Board shall consider a recommendation to withdrawal a designation if it finds that:
1. A designated historic district has failed to maintain the characteristics of which it was designated, or
2. A designated district of historic property has failed to maintain the specified criteria, or
3. Either such a district or property has failed to follow any relevant guidelines established by the City.
After the City Council receives the Design Review Board’s recommendation it shall provide notice by publication as provided in Section 6-21.5.9, Public Notice, conduct a public hearing during which the Director shall make a presentation and render the Design Review Board’s recommendation, and take action on the recommendation.

Fines. A person found guilty of demolition of a designated property by neglect or without a required certificate of appropriateness shall be fined at least $500.00 but not more than $5,000.00 per violation.

Violations Constitute Misdemeanor. Any person who shall violate, participate or acquiesce in the violation of any provision of this Unified Development Ordinance relative to its historic preservation, or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building historic resource in violation of any detailed statement or plan required to be submitted and approved pursuant to this Unified Development Ordinance shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall, upon conviction, be punished as prescribed in the Code of Ordinances.

Authorization to City Attorney. The City Attorney's office is hereby authorized to file an appropriate action in a court of competent jurisdiction to enforce the provisions hereof by cause in equity or by any other remedy available by law.

Effective on: 1/1/1901

Sec. 6-23.2.1 Severability

Generally. If any Part, Article, Division, Section, paragraph, clause, provision, or portion of this Unified Development Ordinance is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Unified Development Ordinance shall not be affected. If any application of this Unified Development Ordinance to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction "as-applied," such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

Signs. With respect to Part 5, Signs, the following severability provisions shall apply:

Interpretation; Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Unified Development Ordinance to the contrary, any sign erected pursuant to the provisions of this Unified Development Ordinance or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that:
1. The sign is not a prohibited sign or sign-type, and
2. The size, height, setback, and other dimensional criteria contained in this Unified Development Ordinance have been satisfied.
Severability, Generally. If any Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, or any other provision of this Unified Development Ordinance related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, or this Unified Development Ordinance.
Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection B.2., above, or elsewhere in this Section, this Unified Development Ordinance, or any adopting ordinance, if any Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, or any other provision of this Unified Development Ordinance related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of said Article or provision, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set forth above, if any Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, that pertains to prohibited signs or sign elements. It is the intent of the City Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Council to regulate signage in a manner that implements the purposes of Part 5, Signs, as expressed therein. The City finds that the purposes stated in Part 5, Signs, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by Part 5, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Council that only that portion of the provision that is found to relate to content be severed from this Unified Development Ordinance, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area.

Effective on: 1/1/1901

Sec. 6-23.2.2 Conflicting Provisions

Generally. In the event that the provisions of this Unified Development Ordinance conflict with each other or with other Sections of the Code of Ordinances, the more restrictive provision shall control.

State and Federal Law. No part of this Unified Development Ordinance relieves any applicant from compliance with applicable provisions of state or federal law. If a use, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by state or federal law, it is also prohibited in the City. Likewise, if a matter is regulated by state or federal law, then compliance with state or federal law does not relieve the applicant from compliance with this Unified Development Ordinance, unless the application of this Unified Development Ordinance is legally preempted.

Effective on: 1/1/1901

Sec. 6-23.2.3 Civil Liability

Neither the approval of a plan under the provisions of this Unified Development Ordinance, nor compliance with the provisions herein shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law or equity, nor shall such approval and / or compliance operate to impose any liability upon the City for damage to any person or property.

Effective on: 1/1/1901

Florence City Zoning Code

PART 6

Administration

Sec. 6-19.1.1 Purpose

Effective on: 1/1/1901

Sec. 6-19.1.2 Applicability

Exceptions to this Article.

Maintenance. This Article does not exempt property owners from ongoing maintenance requirements, including, but not limited to, the maintenance of landscaping, parking lots (e.g., upkeep of paving and striping), and drainage structures and systems. See Section 6-19.3.4, Repairs and Modifications.
Eminent Domain; Governmental Acquisition. Any nonconforming structure or land expressly created or caused by a conveyance of privately-owned land to a federal, state, or local government to serve a public purpose is conforming for the purposes of this Unified Development Ordinance, and is not subject to the limitations of this Article. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation or otherwise, which creates a nonconformity in the remaining parcel in terms of setback, lot size, or other standards of this Unified Development Ordinance. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other development approvals pursuant to this Unified Development Ordinance.

Types. There are 10 types of nonconformities including:
1. Uses;
2. Buildings;
3. Structures;
4. Lighting;
5. Landscaping and buffering;
6. Signs;
7. Parking;
8. Site access;
9. Site improvements (e.g. fencing, screening, storage and display, etc.); and
10. Lots.
Classes. There are two classes of use nonconformities including "major" or "minor."

Effect of Article.

Effect on Existing Development Entitlements. Nothing in this Unified Development Ordinance shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully issued prior to the effective date of adoption or amendment of this Unified Development Ordinance, provided construction was commenced within 60 days after obtaining the building permit and diligently completed.
Effect on Existing Unlawful Uses, Buildings, Signs, and Structures. Any use, building, sign, structure, and/or parcel of land which was used, erected, or maintained in violation of any previous zoning regulations shall not be considered as a legal, nonconforming use, building, sign, structure, and/or parcel, and shall be required to comply with all provisions of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-19.2.1 Nonconforming Uses

Permitted Uses and Structures. Uses that were lawfully established but are not currently listed as Permitted, Conditional, or Permitted Special Exception Uses in the district in Division 1-2.7, Land Uses, except that structures that were listed as uses of land prior to the effective date and are now regulated as accessory buildings or structures (see Article 8, Supplemental Standards) are either:
1. Conforming structures (if they comply with the requirements of this Unified Development Ordinance); or
2. Nonconforming structures (see Section 6-19.2.3, Nonconforming Structures).
Conditional Uses. Uses that are listed as Conditional Uses in the district in Division 1-2.7, Land Uses, but were lawfully established without a conditional use permit and do not comply with the applicable standards of Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Permitted Special Exception Uses. Uses that are listed as Permitted Special Exception Uses in the district in Division 1-2.7, Land Uses, but were lawfully established without a permitted special exception use permit. For these uses, the nonconforming use status may be removed by obtaining a permitted special exception use permit. See Division 6-19.5, Conversion of Nonconformities.
Flood Prone Uses. Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway. See Division 4-12.6, Flood Prevention.

Major Nonconforming Uses. Major nonconforming uses are those uses for which the nonconformity generates a nuisance per se (as such) or represents such incompatibility with adjacent uses and/or the Comprehensive Plan that public policy favors their elimination from the district if they are discontinued, abandoned, or destroyed. Major nonconforming uses include:
1. Adult businesses;
2. Alcoholic beverage sales, on-premise consumption;
3. Auto repair;
4. Car washes;
5. Heavy commercial or industrial uses;
6. Manufactured home parks;
7. Mobile homes.
8. Pawn shops;
9. Recreational vehicle parks;
10. Salvage yards; and
11. Specialty uses.
Minor Nonconforming Uses. All nonconforming uses that are not classified as major nonconforming uses are minor nonconforming uses. Such uses may be converted to conforming uses as provided in Division 6-19.5, Conversion of Nonconformities.

Effective on: 1/1/1901

Sec. 6-19.2.2 Nonconforming Buildings

Exceptions. Exceptions apply in the NC (Neighborhood Conservation) district. See Section 6-19.1.1, Purpose.

Effective on: 1/1/1901

Sec. 6-19.2.3 Nonconforming Structures

Examples. The following are illustrative examples of nonconforming structures:

Fences or walls that do not comply with the height, setback, or material standards set out in Section 3-8.1.2, Fences, Walls, and Hedges of this Unified Development Ordinance; and
Structures located in floodplains, floodways, required yards, or open space areas that do not comply with the applicable regulations of this Unified Development Ordinance.

Exceptions. Maintenance activities are not subject to this Article. See Section 6-19.1.2, Applicability.

Effective on: 1/1/1901

Sec. 6-19.2.4 Nonconforming Landscaping and Buffering

Exception. Residential housing types other than multifamily are conforming with respect to landscaping if it was platted prior to the effective date of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-19.2.5 Nonconforming Signs

The sign is a permanent sign; and
One of the following apply:
1. The sign was approved by a sign permit before the effective date of this Unified Development Ordinance, or amendment hereto, if a permit was required under applicable law; or
2. If no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law or conditions of approval immediately prior to the effective date; or
3. The sign had legal nonconforming status on the effective date of this Unified Development Ordinance.

is abandoned for a period of 120 continuous days;
advertises a business that no longer occupies the site on which the sign exists or to which it refers;
is dilapidated, destroyed or damaged to the extent of 60 percent or more of its replacement cost, or
no longer advertises a bona fide business, lessor, owner, product, or activity conducted or product available.

The sign is a permanent sign; and
The annexation was not conditioned upon the removal or modification of the sign.

Effective on: 1/1/1901

Sec. 6-19.2.6 Nonconforming Parking

Effective on: 1/1/1901

Sec. 6-19.2.7 Nonconforming Lots

Effective on: 1/1/1901

Sec. 6-19.3.1 Termination, Restoration, and Removal

Generally. This Section sets out the standards for when a nonconformity must be terminated or removed, and when it is allowed to be restored after temporary cessation, damage, or destruction.

Nonconforming Uses.

If a major nonconforming use is discontinued for a period of six months, for any reason, whether or not the equipment or fixtures are removed, it shall not be resumed.
If a nonconforming mobile home or nonconforming manufactured home is discontinued for a period of 180 days, for any reason, it shall not be resumed. The applicant for compliance under this Section shall provide the Director with a notarized letter stating that the replacement occurred within 180 days of the discontinuance of the previous home.
If a nonconforming nonresidential use is discontinued for a period of six months, for any reason, whether or not the equipment or fixtures are removed, a valid, non-revoked business license shall have been issued for the use within the previous nine months.
If a minor nonconforming use is discontinued for a period of six months, for any reason, whether or not the equipment or fixtures are removed, it shall not be resumed. However, if an application for conversion of the use is filed pursuant to Division 6-19.5, Conversion of Nonconformities, before the end of the six month period, the use may be resumed as a conforming use after the period expires if the application is granted.

Nonconforming Buildings, Structures, and Elements of Buildings or Structures.

If a nonconforming building or structure or a nonconforming element of a building or structure is damaged or destroyed by any means, or declared unsafe by the Building Official to an extent that repairs would exceed more than 50 percent of the replacement cost of the building or structure or a damaged nonconforming element of a building or structure, the building, structure, or elements of the building or structure shall be reconstructed in conformity with the provisions of this Unified Development Ordinance.
If the reconstruction cost and/or area of reconstruction (whichever is less) is less than or equal to 50 percent of the cost of replacement or area of the building, structure, or elements of the building or structure, respectively, then the building, structure, or elements of the building or structure may be strengthened or restored to a safe condition provided that:
1. The original nonconformity is not enlarged, increased, or extended;
2. Building permits are obtained for repairs within six months of the date the building, structure, or elements of the building or structure was damaged or, if no date can be reasonably established for the damage, the date that the Building Official determines that the building is unsafe; and
3. The construction is commenced within 12 months after obtaining the required building permits.

Nonconforming Signs or Sign Elements.

Restoration. A nonconforming sign which has been damaged by fire, wind, or other cause in excess of 50 percent of its replacement cost shall not be restored except in conformance with this Unified Development Ordinance.
Replacement of Nonconforming Element. If an element of a sign that causes the sign to be nonconforming is removed, it shall not be replaced, except with a conforming element.
Discontinuance of Message. If a nonconforming sign structure does not display any message for a period of 30 days, it shall be removed or brought into conformance with this Unified Development Ordinance. For the purposes of this standard, a temporary "sock sign" may be used to display a message while a new sign face is being designed and fabricated.
Removal. If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign conforms to this Unified Development Ordinance.
Unsafe Signs. Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign conforms to this Unified Development Ordinance.

Nonconforming Parking.

Number of Parking Spaces.
1. If an existing building or use is expanded, additional parking shall be required only in proportion to the new area of the building or use, as set out in Division 6-19.4, Compliance Thresholds.
2. If the use of a building changes, resulting in additional demand for parking, additional parking shall be provided in an amount equal to the difference between the requirements of the former use (not the actual parking provided on-site) and the requirements for the new use, as set out in Division 4-9.2, Required Parking and Loading. However, a permit for the new use may be denied if the available parking is less than 75 percent of the required parking.
3. If an existing building is redeveloped, parking shall be provided as required by Article 9, Parking and Loading.
Size of Parking Spaces and Drive Aisles. Parking spaces and drive aisles shall be sized according to the requirements of Article 9, Parking and Loading, when so required by Division 6-19.4, Compliance Thresholds.

Effective on: 1/1/1901

Sec. 6-19.3.2 Nonconforming Lots; Construction and Combination

Nonconforming Lots.

Construction on Nonconforming Lots. A nonconforming lot that does not meet district requirements with respect to area, lot width, or frontage may be built upon if:
1. The lot is a lot of record;
2. The use is permitted in the district in which the lot is located;
3. The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use;
4. All yards or height standards are complied with, except that the Director may authorize a reduction of required yards of up to 10 percent, provided that the Director finds that the reduction does not allow a building that would be larger than permitted on a conforming lot. Yard reductions that are greater than 10 percent shall make application for a variance.
5. In certain zoning districts, alternative setbacks as provided for in Section 2-5.2.2 "Alternative Setback Standards" and Section 2-6.1.1 "General Development Standards - Non-Residential" may also be applicable.
Re-subdivision. A nonconforming lot shall be brought into compliance if the owner applies for a re-subdivision that involves the lot.

Combination of Lots to Increase Conformity.

Where a landowner owns several abutting lots that do not conform to the dimensional requirements of the district in which they are located, they shall be combined to create fully conforming lots or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
The City will not require the combination of lots if:
1. The combination of lots would not address a nonconformity; and
2. Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down in order to comply with this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-19.3.3 Changes of Use and Reuse of Nonconforming Buildings

Generally. A nonconforming use shall not be changed to another nonconforming use.

Effect of Change of Use.

If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed.
If the use of only a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not be changed back to the nonconforming use.

Effective on: 1/1/1901

Sec. 6-19.3.4 Repairs and Modifications

Generally. Repairs and modifications to nonconforming buildings, structures, and signs are permitted as provided in this Section.

Repairs and Alterations.

Buildings and Structures. Routine maintenance of nonconforming buildings and structures is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming buildings or structures or materially extend their life. This standard also applies to buildings or structures that house nonconforming uses if they are designed in a way that is not suitable for re-use as a conforming use. If the building is conforming and could be re-used for a conforming use, there is no limitation on its maintenance.
Buildings Containing Major Nonconforming Uses. No building or structure that contains a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
Signs. Routine maintenance of nonconforming signs is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming sign or materially extend its life. This standard applies to changing the message of a sign by replacing or repainting the sign face.
Structural Alterations. Structural alterations to nonconforming buildings, structures, and signs are permitted only if it is demonstrated that the alteration will eliminate the nonconformity or reduce it in accordance with the standards of Division 6-19.4, Compliance Thresholds.

Expansion of Nonconforming Uses.

Major Nonconforming Uses. Major nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not occupied on the effective date of this Unified Development Ordinance or any amendment that made the use a major nonconforming use.
Minor Nonconforming Uses. No minor nonconforming use shall be expanded or extended in such a way as to:
1. Occupy any open space or landscaped surface area that is required by this Unified Development Ordinance;
2. Exceed building coverage, impervious surface area, intensity, or height limitations of the zoning district in which the use is located;
3. Occupy any land beyond the boundaries of the property or lot as it existed on the effective date of this Unified Development Ordinance; or
4. Displace any conforming use in the same building or on the same parcel.

Effective on: 1/1/1901

Sec. 6-19.4.1 Purpose

Effective on: 1/1/1901

Sec. 6-19.4.2 Administrative Compliance Requirements

Table 6-19.4.2 Administrative Compliance Requirements
Type of Improvement	Definition of Improvement	Level of Compliance that is Required
New development or redevelopment	Development of vacant sites; Expansion of a building by more than 70 percent of its gross floor area; and Tear-down and reconstruction of a building (except re-establishment of a nonconforming use or building pursuant to Division 6-19.3, General Regulations).	Full compliance with all provisions of this Unified Development Ordinance is required. Compliance with Section 6-19.3.2, Nonconforming Lots; Construction and Combination is sufficient with respect to lot dimensions.
Major expansions	Expansion of a building by 30 percent to 70 percent of its gross floor area, or an increase in parking requirements of more than 20 percent, as set out in Division 4-9.2, Required Parking and Loading.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking spaces shall be provided according to the applicable regulations set out in Section 6-19.3.1, Termination, Restoration, and Removal. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Bufferyards shall be provided as required by Division 4-10.3, Bufferyards. Improvements that are needed to ensure public safety and safe access and circulation are required. Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and / or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Major nonconforming uses shall be discontinued.
Minor expansions	Expansion of a building by less than 30 percent of its gross floor area or an increase in parking requirements of 20 percent or less, as set out in Division 4-9.2, Required Parking and Loading.	New parking spaces and drive aisles shall be dimensioned as required by Article 9, Parking and Loading, if the new dimensions would not be detrimental to safe circulation when combined with the existing lot. Major nonconforming uses shall be discontinued. If height is increased by more than 20 percent within 50 feet of a district boundary line or if the expansion reduces the dimension between the building and a district boundary line, bufferyards shall be brought into compliance with Section 4-10.3.2, District Bufferyard Standards.
Facade and site improvements	Building or architecture changes or site improvements that do not involve expansion of the building or parking, but will change the physical character of the building or site beyond repair and maintenance.	Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and/or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Improvements affected by the proposed site improvements that are needed to ensure public safety and safe access and circulation are required.
Parking lot improvements	Drainage, expansion, or reconstruction improvements, but not restriping alone unless the restriping according to the standards of Article 9, Parking and Loading, results in reduction of the area of the existing parking spaces by more than 10 percent.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking lot landscaping shall be provided as required by Section 4-10.2.3, Parking Lot Landscaping, even if it results in a reduction in the number of parking spaces, but only to the extent that the reduction does not result in a parking lot that contains less than 95 percent of the required parking spaces set out in Division 4-9.2, Required Parking and Loading.

Table 6-19.4.2 Administrative Compliance Requirements
Type of Improvement	Definition of Improvement	Level of Compliance that is Required
New development or redevelopment	Development of vacant sites; Expansion of a building by more than 70 percent of its gross floor area; and Tear-down and reconstruction of a building (except re-establishment of a nonconforming use or building pursuant to Division 6-19.3, General Regulations).	Full compliance with all provisions of this Unified Development Ordinance is required. Compliance with Section 6-19.3.2, Nonconforming Lots; Construction and Combination is sufficient with respect to lot dimensions.
Major expansions	Expansion of a building by 30 percent to 70 percent of its gross floor area, or an increase in parking requirements of more than 20 percent, as set out in Division 4-9.2, Required Parking and Loading.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking spaces shall be provided according to the applicable regulations set out in Section 6-19.3.1, Termination, Restoration, and Removal. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Bufferyards shall be provided as required by Division 4-10.3, Bufferyards. Improvements that are needed to ensure public safety and safe access and circulation are required. Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and / or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Major nonconforming uses shall be discontinued.
Minor expansions	Expansion of a building by less than 30 percent of its gross floor area or an increase in parking requirements of 20 percent or less, as set out in Division 4-9.2, Required Parking and Loading.	New parking spaces and drive aisles shall be dimensioned as required by Article 9, Parking and Loading, if the new dimensions would not be detrimental to safe circulation when combined with the existing lot. Major nonconforming uses shall be discontinued. If height is increased by more than 20 percent within 50 feet of a district boundary line or if the expansion reduces the dimension between the building and a district boundary line, bufferyards shall be brought into compliance with Section 4-10.3.2, District Bufferyard Standards.
Facade and site improvements	Building or architecture changes or site improvements that do not involve expansion of the building or parking, but will change the physical character of the building or site beyond repair and maintenance.	Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and/or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Improvements affected by the proposed site improvements that are needed to ensure public safety and safe access and circulation are required.
Parking lot improvements	Drainage, expansion, or reconstruction improvements, but not restriping alone unless the restriping according to the standards of Article 9, Parking and Loading, results in reduction of the area of the existing parking spaces by more than 10 percent.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking lot landscaping shall be provided as required by Section 4-10.2.3, Parking Lot Landscaping, even if it results in a reduction in the number of parking spaces, but only to the extent that the reduction does not result in a parking lot that contains less than 95 percent of the required parking spaces set out in Division 4-9.2, Required Parking and Loading.

Table 6-19.4.2 Administrative Compliance Requirements
Type of Improvement	Definition of Improvement	Level of Compliance that is Required
New development or redevelopment	Development of vacant sites; Expansion of a building by more than 70 percent of its gross floor area; and Tear-down and reconstruction of a building (except re-establishment of a nonconforming use or building pursuant to Division 6-19.3, General Regulations).	Full compliance with all provisions of this Unified Development Ordinance is required. Compliance with Section 6-19.3.2, Nonconforming Lots; Construction and Combination is sufficient with respect to lot dimensions.
Major expansions	Expansion of a building by 30 percent to 70 percent of its gross floor area, or an increase in parking requirements of more than 20 percent, as set out in Division 4-9.2, Required Parking and Loading.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking spaces shall be provided according to the applicable regulations set out in Section 6-19.3.1, Termination, Restoration, and Removal. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Bufferyards shall be provided as required by Division 4-10.3, Bufferyards. Improvements that are needed to ensure public safety and safe access and circulation are required. Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and / or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Major nonconforming uses shall be discontinued.
Minor expansions	Expansion of a building by less than 30 percent of its gross floor area or an increase in parking requirements of 20 percent or less, as set out in Division 4-9.2, Required Parking and Loading.	New parking spaces and drive aisles shall be dimensioned as required by Article 9, Parking and Loading, if the new dimensions would not be detrimental to safe circulation when combined with the existing lot. Major nonconforming uses shall be discontinued. If height is increased by more than 20 percent within 50 feet of a district boundary line or if the expansion reduces the dimension between the building and a district boundary line, bufferyards shall be brought into compliance with Section 4-10.3.2, District Bufferyard Standards.
Facade and site improvements	Building or architecture changes or site improvements that do not involve expansion of the building or parking, but will change the physical character of the building or site beyond repair and maintenance.	Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and/or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Improvements affected by the proposed site improvements that are needed to ensure public safety and safe access and circulation are required.
Parking lot improvements	Drainage, expansion, or reconstruction improvements, but not restriping alone unless the restriping according to the standards of Article 9, Parking and Loading, results in reduction of the area of the existing parking spaces by more than 10 percent.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking lot landscaping shall be provided as required by Section 4-10.2.3, Parking Lot Landscaping, even if it results in a reduction in the number of parking spaces, but only to the extent that the reduction does not result in a parking lot that contains less than 95 percent of the required parking spaces set out in Division 4-9.2, Required Parking and Loading.

Table 6-19.4.2 Administrative Compliance Requirements
Type of Improvement	Definition of Improvement	Level of Compliance that is Required
New development or redevelopment	Development of vacant sites; Expansion of a building by more than 70 percent of its gross floor area; and Tear-down and reconstruction of a building (except re-establishment of a nonconforming use or building pursuant to Division 6-19.3, General Regulations).	Full compliance with all provisions of this Unified Development Ordinance is required. Compliance with Section 6-19.3.2, Nonconforming Lots; Construction and Combination is sufficient with respect to lot dimensions.
Major expansions	Expansion of a building by 30 percent to 70 percent of its gross floor area, or an increase in parking requirements of more than 20 percent, as set out in Division 4-9.2, Required Parking and Loading.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking spaces shall be provided according to the applicable regulations set out in Section 6-19.3.1, Termination, Restoration, and Removal. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Bufferyards shall be provided as required by Division 4-10.3, Bufferyards. Improvements that are needed to ensure public safety and safe access and circulation are required. Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and / or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Major nonconforming uses shall be discontinued.
Minor expansions	Expansion of a building by less than 30 percent of its gross floor area or an increase in parking requirements of 20 percent or less, as set out in Division 4-9.2, Required Parking and Loading.	New parking spaces and drive aisles shall be dimensioned as required by Article 9, Parking and Loading, if the new dimensions would not be detrimental to safe circulation when combined with the existing lot. Major nonconforming uses shall be discontinued. If height is increased by more than 20 percent within 50 feet of a district boundary line or if the expansion reduces the dimension between the building and a district boundary line, bufferyards shall be brought into compliance with Section 4-10.3.2, District Bufferyard Standards.
Facade and site improvements	Building or architecture changes or site improvements that do not involve expansion of the building or parking, but will change the physical character of the building or site beyond repair and maintenance.	Buildings affected by the construction shall be designed according to the standards of Division 3-8.3, Special Building Standards, and/or Division 4-16.3 Downtown Design Districts Site Development Guidelines, as applicable. Landscaping improvements must further the objectives of Article 10, Landscaping and Buffering. Improvements affected by the proposed site improvements that are needed to ensure public safety and safe access and circulation are required.
Parking lot improvements	Drainage, expansion, or reconstruction improvements, but not restriping alone unless the restriping according to the standards of Article 9, Parking and Loading, results in reduction of the area of the existing parking spaces by more than 10 percent.	Parking spaces and drive aisles shall be dimensioned, and loading spaces shall be provided, as required by Article 9, Parking and Loading. Parking lot landscaping shall be provided as required by Section 4-10.2.3, Parking Lot Landscaping, even if it results in a reduction in the number of parking spaces, but only to the extent that the reduction does not result in a parking lot that contains less than 95 percent of the required parking spaces set out in Division 4-9.2, Required Parking and Loading.

Effective on: 1/1/1901

Sec. 6-19.5.1 Purpose

Effective on: 1/1/1901

Sec. 6-19.5.2 Procedure

Exclusions. This procedure does not apply to nonconforming lots, which may be buildable in accordance with the standards of Section 6-19.3.2, Nonconforming Lots; Construction and Combination.

Effective on: 1/1/1901

Sec. 6-19.5.3 Criteria for Approval

The neighborhood residents regularly patronize or are employed at the use (for nonresidential uses in or abutting residential neighborhoods).
Good management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts.
There is no material history of complaints about the building, structure, or use (a history of complaints is justification for denying the permitted special exception use permit, unless the conditions of the permit will eliminate the sources of the complaints).
The building, structure, or use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.

Effective on: 1/1/1901

Sec. 6-19.5.4 Effect of Approval

Written Approval. Permitted special exception use approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.

Effective on: 1/1/1901

Sec. 6-20.1.1 Purpose

Effective on: 1/1/1901

Sec. 6-20.1.2 Applicability of Article

Effective on: 1/1/1901

Sec. 6-20.2.1 City Council

Plans and programs for the development and redevelopment of its area of jurisdiction. This includes, but not limited to, amending the text and maps of the Comprehensive Plan from time to time;
Other policies or procedures to facilitate implementation of planning elements;
Amendments to the downtown design guidelines;
Proposed covenants, conditions, and restrictions as set out in this Unified Development Ordinance;
Proposed amendment of the text of this Unified Development Ordinance;
Proposed amendment of the Official Zoning Map;
Variances that are not under the authority of the Board of Zoning Appeals;
Petitions for designation of historic properties and districts, upon recommendation of the Florence Design Review Board; and
Any other action not delegated to any other board or commission as the City Council may deem desirable and necessary to implement the provisions of this Unified Development Ordinance and the goals and objectives of the City, provided such action is not contrary to the requirements of this Unified Development Ordinance, the City Charter, or State law.

Effective on: 1/1/1901

Sec. 6-20.2.2 Planning Commission

Created. A Planning Commission is created pursuant to Section 6-29-320, South Carolina Code of Laws.

Powers and Duties. The Planning Commission is delegated the following powers:

Review and Decision after a Public Hearing. The Planning Commission shall review and decide after a public hearing the following types of applications for development approval:
1. Sketch plans, development plans, and final plats; and
2. Re-subdivision or amendments to approved plats.
Review and Recommendation after a Public Hearing. The Planning Commission shall review and make a recommendation to the City Council for the following types of applications:
1. Amendments to the text of this Unified Development Ordinance; and
2. Proposed amendment of the Official Zoning Map.
Studies and Policy Recommendations to the City Council. The Planning Commission is empowered to, on its own initiative or as requested by the City Council to:
1. Hear, recommend, approve or determine any matter relating to any issue under this Unified Development Ordinance referred to it by the Director (according to applicable procedures of this Unified Development Ordinance) that would not otherwise require a hearing;
2. Submit reports, plans and recommendations for the orderly growth, development and welfare of the City; and
3. Periodically review this Unified Development Ordinance, the Comprehensive Plan, and other plans of the City, and make recommendations regarding amendments.
Other Powers of the Planning Commission.
1. Make final decisions on sketch plans and, as necessary, on development plans and final plats (including acceptance and authorization of revisions to final plats)
2. Approve configurations and the associated lot depths for non-standard blocks (see Section 4-14.2.3, Blocks).
3. Approve exceptions to the rule that every lot front or abut on a public street (see Section 4-14.2.4, Lots, Subsection L, Access).
4. Deem the appropriateness of whether or not a subdivider/development is required to donate land for public facilities (see Section 4-13.2.1, Public Sites and Open Space Dedication).
5. Review prior to final plat approval a property owners’ association declaration and proposed legal covenants regarding private ownership of a public site (see Section 4-13.2.1, Public Sites and Open Space Dedication).
6. Consider whether or not to approve above-ground wiring in an industrial park or for some unusual commercial or industrial situation (Section 4-13.4.6, Underground Wiring).
7. Receive as information, plats identified as exceptions by State Law under the definition of a subdivision, including the following:
  1. the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority;
  2. the division of land into parcels of five acres or more where no new street is involved and plats of these exceptions are received as information by the City, which shall indicate that fact on the plats; and
  3. the combination or recombination of entire lots of record where no new street or change in existing streets is involved
8. Accept a final plat for subdivisions which do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets, because all necessary public facilities are adequate and existing.
9. Approve, with contingencies, or deny a request for appeal of a staff decision or to develop without mitigation efforts where the level of service (LOS) for a thoroughfare adjacent to a proposed development is below an acceptable level.
10. Consider and approve the use of service alleys in residential, commercial, or industrial developments (see Section 4-13.3.7, Service Alleys).
11. For marginal access streets, accept alternate right-of-way widths upon review and recommendation of the Director (see Section 4-13.3.3, Street Standards).
12. Upon recommendation of the Public Works and Utilities Department, grant exceptions to the sidewalk requirements if rendered impractical or unnecessary by reason of physical conditions or the provision of an alternate means of pedestrian access and movement (see Section 4-13.3.12, Sidewalks).
13. Modify the standards and requirements of Part 4, Site Design and Development in the case of a plan for cluster or mixed use development, or other creative developments that may be facilitated if certain standards are varied, in order to provide a subdivider/developer with maximum flexibility in the design and character of creatively designed developments (see Section 4-15.2.1, Modification of Standards).
14. Modify, vary, or waive the regulations, including the imposition of other reasonable conditions, of Part 4, Site Design and Development in order that a subdivider/developer may subdivide property in a reasonable manner, provided that such modification, variation, or waiver will not nullify the intent or purpose of this Unified Development Ordinance and that the public welfare, interest of the City, and the protection of the surrounding area (see Section 6-20.2.2, Planning Commission).
15. Hear and decide appeals from decisions of staff and the Florence Design Review Board.

Authority.

In general, the Planning Commission has the powers as may be necessary to enable it to perform its functions and promote the planning of its jurisdiction.
All public officials shall, upon request, furnish to the Planning Commission, within a reasonable time, such available information as it may require for its work.
The Planning Commission, its members and employees, in the performance of its functions, may enter upon any land with consent of the property owner or after 10 days' written notification to the owner(s) of record, make examinations and surveys, and place and maintain necessary monuments and marks on them, provided, however, that the Planning Commission shall be liable for any injury or damage to the property.

Membership, Qualifications and Terms of Office.

The composition and terms of office of the Planning Commission is as set out in the Code of Ordinance, Chapter 16, Planning and Development, Article I, City Planning Commission, Section 16-2, Composition of Commission.
The City Council shall select the Planning Commissioners based on the following criteria:
1. No Planning Commissioner shall hold an elected public office in the City;
2. Planning Commissioners shall pledge their commitment to fulfilling the requirements of Section 6-29-1340, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act.
3. Planning Commissioners shall have appropriate professional expertise, knowledge of the community, and concern for the future welfare of the community and its citizens; and
4. The Planning Commission shall represent a broad cross-section of the interests and concerns within the City.

Removal and Vacancies.

Removal. The removal of a Planning Commission shall be handled as set out in the Code of Ordinance, Chapter 16, Planning and Development, Article I, City Planning Commission, Section 14-3, Removal of Members.
Filling Vacancy. The City Council shall fill a vacancy in the membership of the Planning Commission in the same manner as the original appointment. The Planning Commissioner who fills the vacancy shall serve for the remaining duration of the term of the Planning Commissioner who vacated the position.

Organization; Meetings; Procedural Rules; Records; Purchases. The Planning Commission shall organize itself in accordance with Section 6-29-360, et seq., South Carolina Code of Laws.

Effective on: 1/1/1901

Sec. 6-20.2.3 Board of Zoning Appeals (BZA)

Powers and Duties. The BZA shall have the following powers and duties:

Special Exceptions. The BZA shall hear and approve or deny applications for permitted special exception uses, as set out in Division 1-2.7, Land Uses, and subject to the provisions of Division 1-2.8, Conditional and Permitted Special Exception Uses.
Variances. The BZA shall hear and approve, approve with conditions, or deny applications for variances from the zoning requirements, excluding land uses, of this Unified Development Ordinance after a public hearing.
Appeals. The BZA shall hear appeals of alleged errors in any determination made by the Director as to the interpretation of this Unified Development Ordinance, and shall either grant or deny the appeal.

Effective on: 1/1/1901

Sec. 6-20.2.4 Design Review Board (DRB)

Generally. The Florence Design Review Board is authorized by Section 6-29-870, et seq., South Carolina Code of Laws and is established by Code of Ordinances, Chapter 16, Article III.

To adopt procedural regulations as necessary to carry out the business of the Board;
To keep a register of all properties and structures that have been designated by City Council as historic, as landmarks or as historic districts, including all information required for each such designation;
Recommend criteria for the designation of historic properties and the delineation of historic districts, which may be adopted by the City Council.
To advise and assist owners of all properties or structures within the overlay districts on the physical and financial aspects of preservation, renovation, rehabilitation, and reuse and, where appropriate, to advise such owners of the procedures of the inclusion of structures on the National Register of Historic Places;
To work in conjunction with the Director, acting as the Downtown Planning Coordinator, to inform and educate the citizens of Florence concerning the Downtown historic and architectural heritage.
To consider, analyze, and make a determination with respect to all applications for a Certificate of Appropriateness by applying the design guidelines set out in Section 4-16.2.3, Standards to the project and property in question;
To make recommendations for amendments to the design guidelines for any of the overlay districts with final approval of the design guidelines to be accomplished by the City Council by resolution. Once approved, to implement any amendments to the design guidelines.
To assist the public entities in the development of streetscapes within the overlay districts which are consistent with the information contained in the design guidelines.
Make recommendations to the City Council concerning the utilization of federal, state, local or private funds or tax incentives to promote the preservation or rehabilitation of heritage properties and historic districts within the City.
To hear and act upon appeals regarding the acceptance and granting of a Certificate of Compliance by the Director, acting as the Downtown Planning Coordinator.

Responsibilities. The responsibilities of the Board are to:

Promote the purposes and objectives of this Unified Development Ordinance;
Review and recommend applications to City Council regarding the designation of individual historic properties and historic districts; and
Review plans and applications for all construction within historic districts and construction or demolition pertaining to or affecting duly designated historic properties.

One professional architect;
One historian, knowledgeable in local history; one person either specifically qualified by reason of education, training, or experience in the financing of commercial and residential real property or in the area of real estate;
One person actively engaged in business, commerce, or industry;
One commercial general contractor duly licensed by the State of South Carolina;
One professional structural engineer;
One person specifically qualified by reason of education, training, or experience in landscape design;
One at-large resident of the City; and
Two persons actively engaged in business, commerce, or industry within the Downtown Central District as set out in Section 1-2.4.2, Establishment of Downtown Overlay Districts.

Terms and Rules of Membership.

Member Terms. Upon appointment by the City Council, the members of the Board shall serve four-year terms, or until successors are appointed, whichever is later. Provided, however, the terms of initial appointees shall be staggered so that two of the appointees shall serve initial terms of two years, four of the appointees shall serve initial terms of four years, and four of the appointees shall serve initial terms of three years. After completion of the initial terms, all members of the Board appointed by City Council shall serve four year terms.
Term Limits. Members appointed by City Council may be appointed to succeed themselves up to a maximum of three full terms. Thereafter, such members may be appointed only after they have been off of the Board for at least one year.
Removal. The Mayor and City Council may remove any member by majority vote of the City Council for cause, including repeated failure to attend meetings of the Board or for any other cause deemed sufficient by the City Council. If any seat on the Board becomes vacant due to resignation, removal, or for any reason, the City Council shall appoint a replacement within 60 days for the remainder of the unexpired term.
Member Limitations. As required by S.C. Code Section 6-29-870(C), no members shall hold any other municipal office or hold any position in the City, and all members shall serve without pay. Members may be reimbursed by the City for actual expenses incurred in the performance of their duties from available funds approved in advance.
Conflicts of Interest. Any member of the Board who has a personal or financial interest, either directly or indirectly, in any property which is the subject of, or affected by, a decision of the Board shall be disqualified from participating in the decision of the Board concerning the property.
Liability of Members. Any member of the Board acting within powers granted by this Unified Development Ordinance shall be relieved from personal liability for any damage and held harmless by the City. Any suit brought against any member of the Board shall be defended by a legal representative furnished by the City until the termination of the proceedings.

Rules of Procedure.

Officers: The officers of the Board shall be a chairman and a vice-chairman elected for one year at the first meeting of the Board in each calendar year. The officers of the Board may serve four consecutive terms. The Director, acting as the Downtown Planning Coordinator, for the City shall serve as the staff representative to the Board. The City Manager will assign a member of City staff to serve as secretary to the Board. The designated officers of the Board shall have the following authority, duties, and responsibilities:
1. Chairman: The Chairman shall be a voting member of the Board and shall:
  1. Call meetings of the Board;
  2. Preside at meetings;
  3. Act in conjunction with the Director, acting as the Downtown Planning Coordinator, as a spokesperson for the Board;
  4. Sign documents for the Board; and
  5. Perform other duties approved by the Board.
2. Vice-Chairman: The Vice-Chairman shall be a voting member of the Board and shall exercise the duties of the chairman in the absence, disability, or disqualification of the Chairman. In the absence of the Chairman and the Vice-Chairman, an acting Chairman shall be elected by the members present.
3. Secretary to the Board: The Secretary to the Board shall:
  1. Provide notice of all meetings;
  2. Assist the Chairman in the preparation of agendas;
  3. Keep minutes of meetings and hearings;
  4. Maintain the Board's records as public records;
  5. Attend to Board correspondence;
  6. Perform any other duties normally carried out by a Secretary.
Meetings.
1. Time and place. An annual schedule of regular monthly meetings shall be adopted, published, and posted at the City-County Complex in January of each year. Special meetings may be called by the Chairman upon 24-hour notice, posted, and delivered to all members of the Board and the local media. Meetings shall be held in a place to be stated in the notice, and shall be open to the public.
2. Agenda. A written agenda shall be furnished by the Secretary to each member of the Board and to the news media, and it shall be posted at least four days prior to each regular meeting and at least 24-hours prior to a special meeting. Items may be added to the agenda at a meeting by a majority vote of the members present.
3. Quorum. A majority of the members of the Board shall constitute a quorum. A quorum shall be present before any business is conducted other than rescheduling a meeting.
4. Voting. A member must be present to vote. Each member shall vote on every question unless disqualified by law. The question of disqualification shall be decided by the member(s) affected, and any such member so affected shall announce the reasons for disqualifications, have it placed in the minutes, and shall refrain from deliberation or voting on the question.
5. Public Input. Except for public hearings and additional public input sought by the Board, no person shall speak at a Board meeting unless invited to do so by the Board. The presiding officer at the Board meeting reserves the right to determine the amount of public input desired.
6. Minutes. The Secretary to the Board shall prepare minutes of each meeting for approval be the Board at the next regular meeting. Minutes shall be maintained as a public record.
7. Attendance. The minutes shall show the members in attendance at each meeting and the reason for absence submitted by any member. The Board shall recommend to the Mayor and City-Council the removal for cause of any member who is absent from three consecutive meetings without adequate reason.

Effective on: 1/15/2018

Sec. 6-20.3.1 Director of Public Works, Director of Utilities, and City Engineer

Drainage Plans.
1. Prior to authorization of any building permit, review and approve all such stream flow, runoff calculations, and drainage plans as required of a subdivider/developer under the terms of this Unified Development Ordinance.
2. In those instances when underground storm drainage facilities are reasonably accessible to a proposed development, determine any special design standards required to connect an on-site drainage system to the City's system.
3. Determine the warrant and requirement for the submittal contents set out in Section 6-21.3.1, Subsection D., Environmental Permits, and the content of what is needed to conduct an appropriate drainage analysis of the site plan, grading plan, or storm drainage analysis of the site plan, grading plan, or storm drainage plans submitted to the City as part of the requirements of the site plan needed for a Certificate of Zoning Compliance and building permit.
4. Consider whether or not to waive the requirement that a registered professional engineer conduct the drainage study for minor developments.
5. Review and consider for approval waivers of the requirement of detention basins where provisions are committed or already in place that are appropriate for runoff management.
6. Review and consider exceptions to the riparian buffer requirements when disturbance is necessary to facilitate drainage in unusual circumstances.
7. Approve the location of any surface or underground drainage facilities.
8. Determine whether or not a site has sufficient space to infiltrate the runoff or to have a surface detention area in lieu of an underground stormwater detention vault.
9. Require culverts where driveways connect to existing streets with side ditch drainage facilities.
10. Require an underground piped system where open ditches are not adequate to provide satisfactory storm drainage.
11. Approve sodding or seeding of open ditches for protection from erosion.
12. Approve or disapprove the engineer interpretations of all required 50-year and 100-year flood elevations necessary to this Unified Development Ordinance and report the findings to the Director, acting as the Floodplain Administrator, for appropriate action.
13. Approve a drainage plan if it is in full compliance with all applicable standards and requirements of this Unified Development Ordinance.

2. Land Disturbance Approval. Prior to any construction, grading, or land disturbance of any nature, review applications and, as warranted, issue a certificate of approval for land disturbance.

3. Final Grading Plans. Review and approve final grading plans, which shall be pursuant to, and in compliance with, an approved final grading plan.

6. Release of Security. Authorize the release of security for infrastructure when determined that the conditions for release of the security have been met.

Effective on: 1/15/2018

Sec. 6-20.3.2 Director of Planning, Research and Development

General Administration. The Director shall:
1. Interpret the general intent and/or specific meaning of any portion of the Unified Development Ordinance text, position of district boundaries, district designation, or other matters relating to the Official Zoning Map.
2. Maintain the Official Zoning Map and record all amendments to and information thereon.
3. Maintain copies of this Unified Development Ordinance for public inspection and have up-to-date copies available for the public. A mailing list of Unified Development Ordinance subscribers shall be maintained to expedite notice of any annual amendments to the text of Official Zoning Map.
4. Provide public information relating to zoning matters including scheduled meetings of the Planning Commission and Board of Zoning Appeals.
5. Receive, process, and record all applications for Certificates of Zoning Compliance, zoning amendments, planned development projects, and variance requests with accompanying plans and documents, all of which shall be a public record.
6. Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking, site access, site improvements, and lots.
7. Appear before and provide assistance to the Planning Commission, Board of Zoning Appeals, and the Florence Design Review Board.
8. Revoke permits or certificates in violation of the provisions of this Unified Development Ordinance.
Floodplain Administration. In designated flood hazard areas delineated on the Federal Emergency Management Agency (FEMA) maps, the Director, acting as the floodplain administrator, shall have the additional responsibilities as outlined in Section 4-12.6 Flood Prevention.
Processing Permits and Applications. The Director shall:
1. Receive and log applications for development approval and variances;
2. Review application materials and verify that applications are complete;
3. Communicate with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application;
4. Manage the processing of applications according to Division 6-21.5, Standardized Development Review Procedures.
5. Process and review all applications (or cause the applications to be reviewed) and either decide applications or make a recommendation regarding how the application should be decided (depending upon the type of application);
6. Set applications on agendas of the Planning Commission, Board of Zoning Appeals, the Florence Design Review Board, or the City Council, as appropriate;
7. Provide public notice as may be required by the provisions in Section 6-21.5.9, Public Notice; and
8. Promptly issue written permits, resolutions, or orders that reflect the substance of approvals granted by the City pursuant to this Unified Development Ordinance.
Recommendations. The Director shall provide professional recommendations regarding:
1. Whether applications that are placed on an agenda of the Planning Commission, Board of Zoning Appeals, Florence Design Review Board, and City Council comply with the requirements of this Unified Development Ordinance, and, if not, whether conditions of approval could be imposed to bring the application into compliance (including specification of such conditions);
2. Whether amendments to this Unified Development Ordinance are advisable to, among other things:
  1. Bring the Unified Development Ordinance into conformity with state or federal requirements as they change over time;
  2. Implement amendments to the Comprehensive Plan or other adopted plans of the City; or
  3. Resolve errors, internal inconsistencies, or other administrative matters.
3. Whether amendments to the Comprehensive Plan or other adopted plans of the City are advisable to, among other things:
  1. Bring the plans into conformity with state or federal requirements as they change over time;
  2. Respond to changing demographics, physical conditions, technological advancements, or economic conditions; or
  3. Resolve errors, internal inconsistencies, or other administrative matters.
4. Whether amendments to this Unified Development Ordinance that are proposed by persons or bodies outside of the Department are appropriate to serve their stated purposes; and
5. Whether amendments to the Comprehensive Plan that are proposed by persons or bodies outside of the Department are appropriate to serve their stated purposes.
Approvals. The Director shall decide the following types of applications, as set out in Section 6-21.1.2, Administrative Permits:
1. Certificate of Zoning Compliance for permitted uses.
2. Certificate of Zoning Compliance for limited uses as set out in Division 1-2.7, Land Uses;
3. Temporary use permit;
4. Minor changes to planned development site plans;
5. Development plans;
6. Final plats, including summary approval;
7. Floodplain development permit;
8. Sign permit;
9. Certificate of Historical Appropriateness, provided the Director, acting as the Downtown Planning Coordinator, determines that the materials, paint color, design, architectural features, or style of the project or signage conforms to the application design district in the following situations:
  1. Any project or signage for which the total cost does not exceed $15,000 in which a specific determination is made by the Director, acting as the Downtown Planning Coordinator, that the subject project is not a part of a larger project:
  2. Interior modifications/maintenance or exterior maintenance, which does not change or impact the appearance of the structure, including, but not limited to, roofing, facade repairs, awnings, shutters, or window replacement. This power does not extend to those properties and structures listed on the State or National Register of Historic Places.
  3. For emergency and/or permanent repairs relating to the incident to any structure resulting from a Force Majeur, (superior or overpowering force) fire, or accident beyond the control of the property owner or tenant as long as the subject repair does not exceed 25 percent of the value of the structure as determined by the tax assessor and the materials used in the repairs are consistent with the design guidelines for the design district in which it is located.
  4. In all cases, the Director, acting as the Downtown Planning Coordinator, may, by discretion, refer the application to the Design Review Board for review and consideration with particular attention being paid to properties and structures within the H-1 Historic District.
10. Certificate of completion compliance;
11. Design review for the uses set out in Division 3-8.3, Special Building Standards;
12. Administrative waivers (including minor deviations from landscaping requirements and modifications of the approved plant list);
13. Tree removal permits; and
14. Alternative compliance with the off-street parking schedule including through special studies and credits and reductions for alternative parking.
Assignments. The Director is responsible for all other responsibilities as the City Council or City Manager may assign from time to time.
Recordkeeping. The Director shall maintain all records of development applications, including materials and outcomes.
Inspection. The Director shall inspect site improvements and landscaping for compliance with this Unified Development Ordinance and approved plans.
Enforcement. The Director shall, on an ongoing basis, identify code violations and shall enforce the provisions of this Unified Development Ordinance and approvals granted hereunder pursuant to Article 23, Enforcement and Remedies, as follows:
1. Issue building permits and certificates of occupancy.
2. Serve notice of ordinance violations and process such violations.
3. Maintain public records of violation notices, permits, and certificates, with accompanying plans and documents.
4. Revoke permits or project approvals based on false application statements or misrepresentations.
5. Stop, by written order, work being done contrary to the provisions of this Unified Development Ordinance or an approved Certificate of Zoning Compliance.
6. Institute appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of property. Initiate legal action after consultation with the Zoning Administrator, and such other local officials as appropriate.

Effective on: 1/15/2018

Sec. 6-20.3.3 Downtown Planning Coordinator

Effective on: 1/1/1901

Sec. 6-20.3.4 Building Official or other City staff as designated by the City Manager

Permit Review. The Building Official reviews residential, commercial, and other plan types, including plans for signs, to verify that the construction design meets the minimum code requirements and applicable City ordinances.
Inspection. The Building Official conducts and approves all building permit inspections to ensure that construction meets all applicable building code and other requirements (as applicable, including inspecting setbacks, foundation elevation, and fence and wall requirements set forth in Unified Development Ordinance).
Recordkeeping. The Building Official maintains all records as it relates to the building permit process and inspections, including materials and outcomes.
Interpretation. The Building Official interprets the building codes and other City ordinances as they relate to plans and permits.
Arbitration. The Building Official arbitrates discrepancies regarding plans, permits, and inspections.
Approvals. The Chief Building Official shall decide the following applications:
1. Building permits;
2. Sign permits; and
3. Certificates of occupancy.

Effective on: 1/1/1901

Sec. 6-21.1.1 Permits Required

Determinations, approvals, and permits are required for development in the City, as set out in this Division, by S.C. Code, and federal law.

Effective on: 1/1/1901

Sec. 6-21.1.2 Administrative Permits

Generally. Administrative permits are those that are issued by the City Staff without the requirement for a public hearing.

Table 6-21.1.2 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards1
Use Permits
Certificate of Zoning Compliance	New land uses and changes in land use	Prior to establishment of a permitted use	None	Director	Division 1-2.7,Land Uses lists the permitted uses
Certificate of Zoning Compliance - Conditional Use	New conditional uses and changes in use to a conditional use	Prior to establishment of conditional use	None	Director	Division 1-2.7, Land Uses lists the conditional uses. The conditional use standards are provided in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit	Required for Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Director	See Division 1-2.9, Temporary Uses; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.3, Temporary Use Permit.
Plans and Plats
Minor Changes to PD Site Plan	Minor changes to an approved planned development site plan	Prior to the construction or development that is within the area proposed to be modified.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.4, Minor Changes to a Planned Development Site Plan.
Development Plan	New construction, reconstruction, alterations to building footprints, site development or redevelopment.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.5, Development Plan.
Final Plat, including Final Plat Revisions	Upon approval of a sketch plan and development plan and approval and acceptance of public improvements by the Department of Public Works and Utilities	Prior to connection of utilities to, or conveyance of, platted lots, whichever comes first.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.6, Final Plat.
Summary Approval of Final Plat	Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets because all necessary public facilities are adequate and existing.	Prior to the construction or development that is within the area of the final plat.	Sketch plans and development plans are not required when all public facilities are adequate and existing or when subdivisions include four or fewer lots and where those lots and buildings (if any exist) conform to the requirements of this Unified Development Ordinance and all lots are served by public infrastructure.	Director who may require improvements or studies, e.g., traffic studies, environmental impact studies, drainage analysis, etc.	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.7, Summary Approval of Final Plat.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard	Prior to commencement of construction in an area of special flood hazard or flood-related erosion hazard	None	Director, acting as Floodplain Administrator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.8, Floodplain Development Permit
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	City Engineer	See Division 4-12.6, Flood Requirements, Section 6-21.3.1, Submittal Requirements and Section 6-21.6.9, Drainage Plan.
Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	Prior to commencement of land disturbance activity	None	City Engineer	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.10, Land Disturbance Permit, Level I and Level II SWPPP.
Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Exempt signs.	Director	See Part 5, Signs; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.11, Sign Permit.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	If the Director determines that the materials, paint color, design, architectural features, or style of the project or signage does not conform to the applicable district in the situations set out in Section 6-20.3.2, Director of Planning, Research and Development.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.6.13, Certificate of Completion Compliance; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Completion Compliance	Issuance of a Certificate of Appropriateness and a Certificate of Zoning Compliance	Issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness	In the event a Certificate of Compliance is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision by writing to the Florence Design Review Board.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.13, Certificate of Completion Compliance.
Design Review of uses set out in Division 3-8.3, Special Building Standards	New construction and exterior alterations, modifications or additions to these uses and special building types. For single family attached and multiplex units, existing housing types totaling 25% or more of the gross floor area of the building.	Prior to issuance of permits that allows for new construction, exterior alteration, modifications or additions to these uses and building types.	Exterior alterations, modifications or additions to these existing uses and building types and when, at the discretion of the Director, such requests are referred for approval of the Planning Commission.	Director, unless referred to the Planning Commission	See Division 3-8.3, Special Building Standards; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.14, Design Review.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by the applicable building codes.	Prior to commencement of construction.	Certificates of Zoning Compliance are not required for maintenance work, repair work or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.15, Building Permit; and applicable building codes
Occupancy Permit	Occupancy of a building or structure	Upon completion of construction or before a change in occupancy	None	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.16, Occupancy Permit; and applicable building codes
TABLE NOTE: Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.2 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards1
Use Permits
Certificate of Zoning Compliance	New land uses and changes in land use	Prior to establishment of a permitted use	None	Director	Division 1-2.7,Land Uses lists the permitted uses
Certificate of Zoning Compliance - Conditional Use	New conditional uses and changes in use to a conditional use	Prior to establishment of conditional use	None	Director	Division 1-2.7, Land Uses lists the conditional uses. The conditional use standards are provided in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit	Required for Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Director	See Division 1-2.9, Temporary Uses; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.3, Temporary Use Permit.
Plans and Plats
Minor Changes to PD Site Plan	Minor changes to an approved planned development site plan	Prior to the construction or development that is within the area proposed to be modified.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.4, Minor Changes to a Planned Development Site Plan.
Development Plan	New construction, reconstruction, alterations to building footprints, site development or redevelopment.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.5, Development Plan.
Final Plat, including Final Plat Revisions	Upon approval of a sketch plan and development plan and approval and acceptance of public improvements by the Department of Public Works and Utilities	Prior to connection of utilities to, or conveyance of, platted lots, whichever comes first.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.6, Final Plat.
Summary Approval of Final Plat	Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets because all necessary public facilities are adequate and existing.	Prior to the construction or development that is within the area of the final plat.	Sketch plans and development plans are not required when all public facilities are adequate and existing or when subdivisions include four or fewer lots and where those lots and buildings (if any exist) conform to the requirements of this Unified Development Ordinance and all lots are served by public infrastructure.	Director who may require improvements or studies, e.g., traffic studies, environmental impact studies, drainage analysis, etc.	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.7, Summary Approval of Final Plat.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard	Prior to commencement of construction in an area of special flood hazard or flood-related erosion hazard	None	Director, acting as Floodplain Administrator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.8, Floodplain Development Permit
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	City Engineer	See Division 4-12.6, Flood Requirements, Section 6-21.3.1, Submittal Requirements and Section 6-21.6.9, Drainage Plan.
Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	Prior to commencement of land disturbance activity	None	City Engineer	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.10, Land Disturbance Permit, Level I and Level II SWPPP.
Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Exempt signs.	Director	See Part 5, Signs; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.11, Sign Permit.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	If the Director determines that the materials, paint color, design, architectural features, or style of the project or signage does not conform to the applicable district in the situations set out in Section 6-20.3.2, Director of Planning, Research and Development.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.6.13, Certificate of Completion Compliance; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Completion Compliance	Issuance of a Certificate of Appropriateness and a Certificate of Zoning Compliance	Issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness	In the event a Certificate of Compliance is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision by writing to the Florence Design Review Board.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.13, Certificate of Completion Compliance.
Design Review of uses set out in Division 3-8.3, Special Building Standards	New construction and exterior alterations, modifications or additions to these uses and special building types. For single family attached and multiplex units, existing housing types totaling 25% or more of the gross floor area of the building.	Prior to issuance of permits that allows for new construction, exterior alteration, modifications or additions to these uses and building types.	Exterior alterations, modifications or additions to these existing uses and building types and when, at the discretion of the Director, such requests are referred for approval of the Planning Commission.	Director, unless referred to the Planning Commission	See Division 3-8.3, Special Building Standards; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.14, Design Review.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by the applicable building codes.	Prior to commencement of construction.	Certificates of Zoning Compliance are not required for maintenance work, repair work or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.15, Building Permit; and applicable building codes
Occupancy Permit	Occupancy of a building or structure	Upon completion of construction or before a change in occupancy	None	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.16, Occupancy Permit; and applicable building codes
TABLE NOTE: Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.2 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards1
Use Permits
Certificate of Zoning Compliance	New land uses and changes in land use	Prior to establishment of a permitted use	None	Director	Division 1-2.7,Land Uses lists the permitted uses
Certificate of Zoning Compliance - Conditional Use	New conditional uses and changes in use to a conditional use	Prior to establishment of conditional use	None	Director	Division 1-2.7, Land Uses lists the conditional uses. The conditional use standards are provided in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit	Required for Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Director	See Division 1-2.9, Temporary Uses; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.3, Temporary Use Permit.
Plans and Plats
Minor Changes to PD Site Plan	Minor changes to an approved planned development site plan	Prior to the construction or development that is within the area proposed to be modified.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.4, Minor Changes to a Planned Development Site Plan.
Development Plan	New construction, reconstruction, alterations to building footprints, site development or redevelopment.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.5, Development Plan.
Final Plat, including Final Plat Revisions	Upon approval of a sketch plan and development plan and approval and acceptance of public improvements by the Department of Public Works and Utilities	Prior to connection of utilities to, or conveyance of, platted lots, whichever comes first.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.6, Final Plat.
Summary Approval of Final Plat	Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets because all necessary public facilities are adequate and existing.	Prior to the construction or development that is within the area of the final plat.	Sketch plans and development plans are not required when all public facilities are adequate and existing or when subdivisions include four or fewer lots and where those lots and buildings (if any exist) conform to the requirements of this Unified Development Ordinance and all lots are served by public infrastructure.	Director who may require improvements or studies, e.g., traffic studies, environmental impact studies, drainage analysis, etc.	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.7, Summary Approval of Final Plat.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard	Prior to commencement of construction in an area of special flood hazard or flood-related erosion hazard	None	Director, acting as Floodplain Administrator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.8, Floodplain Development Permit
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	City Engineer	See Division 4-12.6, Flood Requirements, Section 6-21.3.1, Submittal Requirements and Section 6-21.6.9, Drainage Plan.
Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	Prior to commencement of land disturbance activity	None	City Engineer	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.10, Land Disturbance Permit, Level I and Level II SWPPP.
Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Exempt signs.	Director	See Part 5, Signs; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.11, Sign Permit.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	If the Director determines that the materials, paint color, design, architectural features, or style of the project or signage does not conform to the applicable district in the situations set out in Section 6-20.3.2, Director of Planning, Research and Development.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.6.13, Certificate of Completion Compliance; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Completion Compliance	Issuance of a Certificate of Appropriateness and a Certificate of Zoning Compliance	Issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness	In the event a Certificate of Compliance is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision by writing to the Florence Design Review Board.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.13, Certificate of Completion Compliance.
Design Review of uses set out in Division 3-8.3, Special Building Standards	New construction and exterior alterations, modifications or additions to these uses and special building types. For single family attached and multiplex units, existing housing types totaling 25% or more of the gross floor area of the building.	Prior to issuance of permits that allows for new construction, exterior alteration, modifications or additions to these uses and building types.	Exterior alterations, modifications or additions to these existing uses and building types and when, at the discretion of the Director, such requests are referred for approval of the Planning Commission.	Director, unless referred to the Planning Commission	See Division 3-8.3, Special Building Standards; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.14, Design Review.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by the applicable building codes.	Prior to commencement of construction.	Certificates of Zoning Compliance are not required for maintenance work, repair work or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.15, Building Permit; and applicable building codes
Occupancy Permit	Occupancy of a building or structure	Upon completion of construction or before a change in occupancy	None	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.16, Occupancy Permit; and applicable building codes
TABLE NOTE: Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.2 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards1
Use Permits
Certificate of Zoning Compliance	New land uses and changes in land use	Prior to establishment of a permitted use	None	Director	Division 1-2.7,Land Uses lists the permitted uses
Certificate of Zoning Compliance - Conditional Use	New conditional uses and changes in use to a conditional use	Prior to establishment of conditional use	None	Director	Division 1-2.7, Land Uses lists the conditional uses. The conditional use standards are provided in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit	Required for Small Class “A” and Class “B” Temporary Special Events, Class “B” Temporary Commercial Sales Uses, and Class “B” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Director	See Division 1-2.9, Temporary Uses; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.3, Temporary Use Permit.
Plans and Plats
Minor Changes to PD Site Plan	Minor changes to an approved planned development site plan	Prior to the construction or development that is within the area proposed to be modified.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.4, Minor Changes to a Planned Development Site Plan.
Development Plan	New construction, reconstruction, alterations to building footprints, site development or redevelopment.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.5, Development Plan.
Final Plat, including Final Plat Revisions	Upon approval of a sketch plan and development plan and approval and acceptance of public improvements by the Department of Public Works and Utilities	Prior to connection of utilities to, or conveyance of, platted lots, whichever comes first.	None	Director	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.6, Final Plat.
Summary Approval of Final Plat	Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets because all necessary public facilities are adequate and existing.	Prior to the construction or development that is within the area of the final plat.	Sketch plans and development plans are not required when all public facilities are adequate and existing or when subdivisions include four or fewer lots and where those lots and buildings (if any exist) conform to the requirements of this Unified Development Ordinance and all lots are served by public infrastructure.	Director who may require improvements or studies, e.g., traffic studies, environmental impact studies, drainage analysis, etc.	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.7, Summary Approval of Final Plat.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard	Prior to commencement of construction in an area of special flood hazard or flood-related erosion hazard	None	Director, acting as Floodplain Administrator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.8, Floodplain Development Permit
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity.	Single-family homes or townhomes on individual lots in an improved subdivision; agriculture; and forestry.	City Engineer	See Division 4-12.6, Flood Requirements, Section 6-21.3.1, Submittal Requirements and Section 6-21.6.9, Drainage Plan.
Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	Prior to commencement of land disturbance activity	None	City Engineer	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.10, Land Disturbance Permit, Level I and Level II SWPPP.
Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Exempt signs.	Director	See Part 5, Signs; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.11, Sign Permit.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	If the Director determines that the materials, paint color, design, architectural features, or style of the project or signage does not conform to the applicable district in the situations set out in Section 6-20.3.2, Director of Planning, Research and Development.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.6.13, Certificate of Completion Compliance; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Completion Compliance	Issuance of a Certificate of Appropriateness and a Certificate of Zoning Compliance	Issued upon compliance with all conditions and requirements contained in the Certificate of Appropriateness	In the event a Certificate of Compliance is denied by the Director, acting as the Downtown Planning Coordinator, the owner may appeal the decision by writing to the Florence Design Review Board.	Director, acting as the Downtown Planning Coordinator	See Section 6-21.3.1, Submittal Requirements and Section 6-21.6.13, Certificate of Completion Compliance.
Design Review of uses set out in Division 3-8.3, Special Building Standards	New construction and exterior alterations, modifications or additions to these uses and special building types. For single family attached and multiplex units, existing housing types totaling 25% or more of the gross floor area of the building.	Prior to issuance of permits that allows for new construction, exterior alteration, modifications or additions to these uses and building types.	Exterior alterations, modifications or additions to these existing uses and building types and when, at the discretion of the Director, such requests are referred for approval of the Planning Commission.	Director, unless referred to the Planning Commission	See Division 3-8.3, Special Building Standards; Section 6-21.3.1, Submittal Requirements; and Section 6-21.6.14, Design Review.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by the applicable building codes.	Prior to commencement of construction.	Certificates of Zoning Compliance are not required for maintenance work, repair work or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.15, Building Permit; and applicable building codes
Occupancy Permit	Occupancy of a building or structure	Upon completion of construction or before a change in occupancy	None	Building Official	See Section 6-21.3.1, Submittal Requirements; Section 6-21.6.16, Occupancy Permit; and applicable building codes
TABLE NOTE: Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Effective on: 1/15/2018

Sec. 6-21.1.3 Public Meeting Approvals

Table 6-21.1.3 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards1
NO PUBLIC HEARING REQUIRED
Use Permits
Temporary Use Permit	Required for Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Planning Commission	See Division 1-2.9, Temporary Uses; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.1, Temporary Use Permit.
Plans and Plats
Site Plan	All new development; all redevelopment that involves the destruction of existing buildings; all expansions of more than 20% of the floor area on a lot that already contains 20,000 square feet or more of floor area.	Prior to building permit.	Single-family dwellings on individual lots.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.2, Site Plan.
Sketch Plan	Consideration of development plan and a final plat.	Prior to commencement of land disturbance activity, development plan and final plat approval, installation of public improvements, and issuance of applicable permits.	If the Sketch Plan does not conform to the Unified Development Ordinance and other ordinances, or if staff notifies the subdivider that the Sketch Plan will conform pending required changes with which the subdivider does not concur.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.3, Sketch Plan.
Development Plan Appeal	Disapproval of a Development Plan	If staff does not approve or disapprove the Development Plan within 30 calendar days	If the subdivider/ developer defers the right to appeal and elects to modify and resubmit a nonconforming Development Plan	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.4, Development Plan Appeal.
Final Plat Appeal	Non-acceptance of required improvements and plat rejection	If staff does not approve or reject the Final Plat within 14 calendar days	If the subdivider/ developer accepts the ruling, completes the required improvements and restarts the Final Plat process	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.5, Final Plat Appeal.
Drainage or SWPPP Variance or Waiver	Exceptional circumstances applicable to the site that would create a hardship or injustice	Prior to or concurrent with the approval of a drainage plan or SWPPP	Provided variance, modification, or waiver will not nullify the intent or purpose of the Unified Development Ordinance and that of the public welfare	Planning Commission, upon concurrence of the City Engineer	See Section 6-21.4.1, Submittal Requirements and Article 12, Storm Water Management, Drainage, and Flood Prevention
PUBLIC HEARING REQUIRED
Design Review
Petition to Designate Historic Properties or Districts	Designation of properties as historic	Prior to establishment of historic properties	None	Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.6, Petition to Designate Historic Properties or Districts.
Nominations to the National Register of Historic Places	Designation on the National Register of Historic Places	Prior to proposed nominations for the National Register of Historic Places	None	Design Review Board, prior to the consideration by the State Board of Review	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.8, Nomination to the National Register of Historic Places.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	Major governmental construction projects.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Historical Appropriateness for Historically Designated Properties Outside of Downtown	Demolition, new construction, exterior alteration, modification or addition to a designated historic property	Prior to the issuance of any permit by the Building Official or Director.	Demonstration of a substantial hardship; ordinary maintenance or repair of any architectural feature of structures designated as historic when the repair does not involve a change in design, material, color, or outer appearance of the structure; or interior arrangements or alterations to the interior of a building.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties.
Variances and Appeals
Minor Adjustments	Minor deviations from the standards of this Unified Development Ordinance as applied to applications heard by the Planning Commission	Prior to approval of an application that incorporates minor deviations	None	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.15, Minor Adjustments.
Use Permits
Permitted Special Exception Use Approval	New permitted special exception uses; changes in use to a permitted special exception use; material changes to or expansion of a permitted special exception use	Prior to establishment or modification of the permitted special exception use.	None	Board of Zoning Appeals	Division 1-2.8, Conditional and Permitted Special Exception Use Standards; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.11, Permitted Special Exception Use Approval.
Text and Map Amendments
Zone Change (rezoning), including planned developments	Changing the zoning district of a parcel from one district to another.	Prior to or concurrently with the submittal of sketch plan that applies the standards of a zone to which a zone change (rezoning) is sought	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.12, Zone Change.
Text Amendments	Amendments to the text of this Unified Development Ordinance.	n/a	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.13, Text Amendments.
Historic Conservation
City designation of historic properties or districts	Designation of buildings, structures, objects, sites, and districts as historic.	n/a	None	City Council, upon recommendation of the Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation and Section 6-21.7.7, City Designation of Historic Properties or Districts.
Variances and Appeals
Variance	Deviation from the standards of this Unified Development Ordinance.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.14, Variance.
Administrative Appeal	Appeals from decisions of City staff	Within 10 days of the decision appealed	None	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-22.1.5, Administrative Appeals.
Appeals to the City Council	Appeals from decisions of the Planning Commission	Within 10 days of the decision appealed	None	City Council	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.17, Appeals to the City Council.
TABLE NOTE:1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.3 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards1
NO PUBLIC HEARING REQUIRED
Use Permits
Temporary Use Permit	Required for Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Planning Commission	See Division 1-2.9, Temporary Uses; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.1, Temporary Use Permit.
Plans and Plats
Site Plan	All new development; all redevelopment that involves the destruction of existing buildings; all expansions of more than 20% of the floor area on a lot that already contains 20,000 square feet or more of floor area.	Prior to building permit.	Single-family dwellings on individual lots.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.2, Site Plan.
Sketch Plan	Consideration of development plan and a final plat.	Prior to commencement of land disturbance activity, development plan and final plat approval, installation of public improvements, and issuance of applicable permits.	If the Sketch Plan does not conform to the Unified Development Ordinance and other ordinances, or if staff notifies the subdivider that the Sketch Plan will conform pending required changes with which the subdivider does not concur.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.3, Sketch Plan.
Development Plan Appeal	Disapproval of a Development Plan	If staff does not approve or disapprove the Development Plan within 30 calendar days	If the subdivider/ developer defers the right to appeal and elects to modify and resubmit a nonconforming Development Plan	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.4, Development Plan Appeal.
Final Plat Appeal	Non-acceptance of required improvements and plat rejection	If staff does not approve or reject the Final Plat within 14 calendar days	If the subdivider/ developer accepts the ruling, completes the required improvements and restarts the Final Plat process	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.5, Final Plat Appeal.
Drainage or SWPPP Variance or Waiver	Exceptional circumstances applicable to the site that would create a hardship or injustice	Prior to or concurrent with the approval of a drainage plan or SWPPP	Provided variance, modification, or waiver will not nullify the intent or purpose of the Unified Development Ordinance and that of the public welfare	Planning Commission, upon concurrence of the City Engineer	See Section 6-21.4.1, Submittal Requirements and Article 12, Storm Water Management, Drainage, and Flood Prevention
PUBLIC HEARING REQUIRED
Design Review
Petition to Designate Historic Properties or Districts	Designation of properties as historic	Prior to establishment of historic properties	None	Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.6, Petition to Designate Historic Properties or Districts.
Nominations to the National Register of Historic Places	Designation on the National Register of Historic Places	Prior to proposed nominations for the National Register of Historic Places	None	Design Review Board, prior to the consideration by the State Board of Review	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.8, Nomination to the National Register of Historic Places.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	Major governmental construction projects.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Historical Appropriateness for Historically Designated Properties Outside of Downtown	Demolition, new construction, exterior alteration, modification or addition to a designated historic property	Prior to the issuance of any permit by the Building Official or Director.	Demonstration of a substantial hardship; ordinary maintenance or repair of any architectural feature of structures designated as historic when the repair does not involve a change in design, material, color, or outer appearance of the structure; or interior arrangements or alterations to the interior of a building.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties.
Variances and Appeals
Minor Adjustments	Minor deviations from the standards of this Unified Development Ordinance as applied to applications heard by the Planning Commission	Prior to approval of an application that incorporates minor deviations	None	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.15, Minor Adjustments.
Use Permits
Permitted Special Exception Use Approval	New permitted special exception uses; changes in use to a permitted special exception use; material changes to or expansion of a permitted special exception use	Prior to establishment or modification of the permitted special exception use.	None	Board of Zoning Appeals	Division 1-2.8, Conditional and Permitted Special Exception Use Standards; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.11, Permitted Special Exception Use Approval.
Text and Map Amendments
Zone Change (rezoning), including planned developments	Changing the zoning district of a parcel from one district to another.	Prior to or concurrently with the submittal of sketch plan that applies the standards of a zone to which a zone change (rezoning) is sought	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.12, Zone Change.
Text Amendments	Amendments to the text of this Unified Development Ordinance.	n/a	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.13, Text Amendments.
Historic Conservation
City designation of historic properties or districts	Designation of buildings, structures, objects, sites, and districts as historic.	n/a	None	City Council, upon recommendation of the Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation and Section 6-21.7.7, City Designation of Historic Properties or Districts.
Variances and Appeals
Variance	Deviation from the standards of this Unified Development Ordinance.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.14, Variance.
Administrative Appeal	Appeals from decisions of City staff	Within 10 days of the decision appealed	None	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-22.1.5, Administrative Appeals.
Appeals to the City Council	Appeals from decisions of the Planning Commission	Within 10 days of the decision appealed	None	City Council	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.17, Appeals to the City Council.
TABLE NOTE:1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.3 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards1
NO PUBLIC HEARING REQUIRED
Use Permits
Temporary Use Permit	Required for Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Planning Commission	See Division 1-2.9, Temporary Uses; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.1, Temporary Use Permit.
Plans and Plats
Site Plan	All new development; all redevelopment that involves the destruction of existing buildings; all expansions of more than 20% of the floor area on a lot that already contains 20,000 square feet or more of floor area.	Prior to building permit.	Single-family dwellings on individual lots.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.2, Site Plan.
Sketch Plan	Consideration of development plan and a final plat.	Prior to commencement of land disturbance activity, development plan and final plat approval, installation of public improvements, and issuance of applicable permits.	If the Sketch Plan does not conform to the Unified Development Ordinance and other ordinances, or if staff notifies the subdivider that the Sketch Plan will conform pending required changes with which the subdivider does not concur.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.3, Sketch Plan.
Development Plan Appeal	Disapproval of a Development Plan	If staff does not approve or disapprove the Development Plan within 30 calendar days	If the subdivider/ developer defers the right to appeal and elects to modify and resubmit a nonconforming Development Plan	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.4, Development Plan Appeal.
Final Plat Appeal	Non-acceptance of required improvements and plat rejection	If staff does not approve or reject the Final Plat within 14 calendar days	If the subdivider/ developer accepts the ruling, completes the required improvements and restarts the Final Plat process	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.5, Final Plat Appeal.
Drainage or SWPPP Variance or Waiver	Exceptional circumstances applicable to the site that would create a hardship or injustice	Prior to or concurrent with the approval of a drainage plan or SWPPP	Provided variance, modification, or waiver will not nullify the intent or purpose of the Unified Development Ordinance and that of the public welfare	Planning Commission, upon concurrence of the City Engineer	See Section 6-21.4.1, Submittal Requirements and Article 12, Storm Water Management, Drainage, and Flood Prevention
PUBLIC HEARING REQUIRED
Design Review
Petition to Designate Historic Properties or Districts	Designation of properties as historic	Prior to establishment of historic properties	None	Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.6, Petition to Designate Historic Properties or Districts.
Nominations to the National Register of Historic Places	Designation on the National Register of Historic Places	Prior to proposed nominations for the National Register of Historic Places	None	Design Review Board, prior to the consideration by the State Board of Review	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.8, Nomination to the National Register of Historic Places.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	Major governmental construction projects.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Historical Appropriateness for Historically Designated Properties Outside of Downtown	Demolition, new construction, exterior alteration, modification or addition to a designated historic property	Prior to the issuance of any permit by the Building Official or Director.	Demonstration of a substantial hardship; ordinary maintenance or repair of any architectural feature of structures designated as historic when the repair does not involve a change in design, material, color, or outer appearance of the structure; or interior arrangements or alterations to the interior of a building.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties.
Variances and Appeals
Minor Adjustments	Minor deviations from the standards of this Unified Development Ordinance as applied to applications heard by the Planning Commission	Prior to approval of an application that incorporates minor deviations	None	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.15, Minor Adjustments.
Use Permits
Permitted Special Exception Use Approval	New permitted special exception uses; changes in use to a permitted special exception use; material changes to or expansion of a permitted special exception use	Prior to establishment or modification of the permitted special exception use.	None	Board of Zoning Appeals	Division 1-2.8, Conditional and Permitted Special Exception Use Standards; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.11, Permitted Special Exception Use Approval.
Text and Map Amendments
Zone Change (rezoning), including planned developments	Changing the zoning district of a parcel from one district to another.	Prior to or concurrently with the submittal of sketch plan that applies the standards of a zone to which a zone change (rezoning) is sought	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.12, Zone Change.
Text Amendments	Amendments to the text of this Unified Development Ordinance.	n/a	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.13, Text Amendments.
Historic Conservation
City designation of historic properties or districts	Designation of buildings, structures, objects, sites, and districts as historic.	n/a	None	City Council, upon recommendation of the Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation and Section 6-21.7.7, City Designation of Historic Properties or Districts.
Variances and Appeals
Variance	Deviation from the standards of this Unified Development Ordinance.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.14, Variance.
Administrative Appeal	Appeals from decisions of City staff	Within 10 days of the decision appealed	None	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-22.1.5, Administrative Appeals.
Appeals to the City Council	Appeals from decisions of the Planning Commission	Within 10 days of the decision appealed	None	City Council	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.17, Appeals to the City Council.
TABLE NOTE:1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Table 6-21.1.3 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards1
NO PUBLIC HEARING REQUIRED
Use Permits
Temporary Use Permit	Required for Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales Uses, and Class “A” Temporary Construction Uses and Buildings as set out in Division 1-2.9, Temporary Uses.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	None	Planning Commission	See Division 1-2.9, Temporary Uses; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.1, Temporary Use Permit.
Plans and Plats
Site Plan	All new development; all redevelopment that involves the destruction of existing buildings; all expansions of more than 20% of the floor area on a lot that already contains 20,000 square feet or more of floor area.	Prior to building permit.	Single-family dwellings on individual lots.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.2, Site Plan.
Sketch Plan	Consideration of development plan and a final plat.	Prior to commencement of land disturbance activity, development plan and final plat approval, installation of public improvements, and issuance of applicable permits.	If the Sketch Plan does not conform to the Unified Development Ordinance and other ordinances, or if staff notifies the subdivider that the Sketch Plan will conform pending required changes with which the subdivider does not concur.	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.3, Sketch Plan.
Development Plan Appeal	Disapproval of a Development Plan	If staff does not approve or disapprove the Development Plan within 30 calendar days	If the subdivider/ developer defers the right to appeal and elects to modify and resubmit a nonconforming Development Plan	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.4, Development Plan Appeal.
Final Plat Appeal	Non-acceptance of required improvements and plat rejection	If staff does not approve or reject the Final Plat within 14 calendar days	If the subdivider/ developer accepts the ruling, completes the required improvements and restarts the Final Plat process	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.5, Final Plat Appeal.
Drainage or SWPPP Variance or Waiver	Exceptional circumstances applicable to the site that would create a hardship or injustice	Prior to or concurrent with the approval of a drainage plan or SWPPP	Provided variance, modification, or waiver will not nullify the intent or purpose of the Unified Development Ordinance and that of the public welfare	Planning Commission, upon concurrence of the City Engineer	See Section 6-21.4.1, Submittal Requirements and Article 12, Storm Water Management, Drainage, and Flood Prevention
PUBLIC HEARING REQUIRED
Design Review
Petition to Designate Historic Properties or Districts	Designation of properties as historic	Prior to establishment of historic properties	None	Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.6, Petition to Designate Historic Properties or Districts.
Nominations to the National Register of Historic Places	Designation on the National Register of Historic Places	Prior to proposed nominations for the National Register of Historic Places	None	Design Review Board, prior to the consideration by the State Board of Review	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.8, Nomination to the National Register of Historic Places.
Certificate of Appropriateness in the Downtown Design Districts	Erection, alteration, improvement, demolition, or moving a structure, building, or signage; landscape changes; or exterior modifications or maintenance of structures in Downtown.	Prior to the issuance of any permit by the Building Official or Director.	Major governmental construction projects.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review; Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties; and Section 6-21.7.9, Certificate of Appropriateness in the Downtown Design Districts.
Certificate of Historical Appropriateness for Historically Designated Properties Outside of Downtown	Demolition, new construction, exterior alteration, modification or addition to a designated historic property	Prior to the issuance of any permit by the Building Official or Director.	Demonstration of a substantial hardship; ordinary maintenance or repair of any architectural feature of structures designated as historic when the repair does not involve a change in design, material, color, or outer appearance of the structure; or interior arrangements or alterations to the interior of a building.	Florence Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review and Section 6-21.7.10, Certificate of Historical Appropriateness for Historically Designated Properties.
Variances and Appeals
Minor Adjustments	Minor deviations from the standards of this Unified Development Ordinance as applied to applications heard by the Planning Commission	Prior to approval of an application that incorporates minor deviations	None	Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.15, Minor Adjustments.
Use Permits
Permitted Special Exception Use Approval	New permitted special exception uses; changes in use to a permitted special exception use; material changes to or expansion of a permitted special exception use	Prior to establishment or modification of the permitted special exception use.	None	Board of Zoning Appeals	Division 1-2.8, Conditional and Permitted Special Exception Use Standards; Section 6-21.4.1, Submittal Requirements; and Section 6-21.7.11, Permitted Special Exception Use Approval.
Text and Map Amendments
Zone Change (rezoning), including planned developments	Changing the zoning district of a parcel from one district to another.	Prior to or concurrently with the submittal of sketch plan that applies the standards of a zone to which a zone change (rezoning) is sought	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.12, Zone Change.
Text Amendments	Amendments to the text of this Unified Development Ordinance.	n/a	None	City Council, upon recommendation of the Planning Commission	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.13, Text Amendments.
Historic Conservation
City designation of historic properties or districts	Designation of buildings, structures, objects, sites, and districts as historic.	n/a	None	City Council, upon recommendation of the Design Review Board	See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation and Section 6-21.7.7, City Designation of Historic Properties or Districts.
Variances and Appeals
Variance	Deviation from the standards of this Unified Development Ordinance.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.14, Variance.
Administrative Appeal	Appeals from decisions of City staff	Within 10 days of the decision appealed	None	Board of Zoning Appeals	See Section 6-21.4.1, Submittal Requirements and Section 6-22.1.5, Administrative Appeals.
Appeals to the City Council	Appeals from decisions of the Planning Commission	Within 10 days of the decision appealed	None	City Council	See Section 6-21.4.1, Submittal Requirements and Section 6-21.7.17, Appeals to the City Council.
TABLE NOTE:1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-21.2.1 Purpose

The purpose of this Article is to set out all of the City’s development approval procedures in one place, and to standardize them to the maximum practicable degree.

Effective on: 1/1/1901

Sec. 6-21.2.2 Application of Article

Submittal Standards. Set out in Division 6-21.4, Application Requirements for Public Meeting Permits, is the forms and contents required for application submittal.

Text Amendments. Set out in Section 6-21.7.13, Text Amendments, is the procedures for amending the text of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-21.3.1 Submittal Requirements

Use Permits.

Certificate of Zoning Compliance. A Certificate of Zoning Compliance may be issued when the Director, or an appointee, verifies that a proposed use or a change in use is permitted in the district in which it is proposed. Prohibited uses are not allowed and cannot be approved unless the property is rezoned to a district that allows the subject use. Applications for approval of a Certificate of Zoning Compliance shall be on a form approved by the Director.
1. When Required. A Certificate of Zoning Compliance is required in advance of the following:
  1. The issuance of a building permit for new construction or a building addition that alters the existing building footprint or vertical elevation.
  2. Excavation in preparation for the construction of a structure for which a building permit is required.
  3. The placement or relocation of manufactured homes.
  4. Grading, filling, surfacing, or enlarging parking areas containing more than six parking spaces for a new or changed use.
  5. Changing the use of any part of a structure or zoning lot, including any increase in the number of families or dwelling units occupying a building or lot.
  6. Installation of any sign for which a permit is required.
  7. The establishment of a temporary use.
2. When Not Required. Certificates of Zoning Compliance are not required for maintenance work, repair work, or trade work provided that the work will not result in a change of use or alter the building footprint or vertical elevation.
3. Repair Permits. Where an application for a Certificate of Zoning Compliance is to effect repairs only, the Director may waive the requirements of an approved plat or plan. The work to be performed shall be clearly defined in the Certificate of Zoning Compliance; however, if there is no change of land use or the repairs do not result in altering the building footprint or vertical elevation, the Certificate of Zoning Compliance is not required.
4. Submittal Contents. In addition to the information required in an application for a building permit, each application for a Certificate of Zoning Compliance shall be accompanied by a recorded plat of the lot and two copies of a scaled plan, drawn legibly on the plat or paper showing:
  1. The shape and dimensions of the zoning lot.
  2. The size and location of all existing buildings.
  3. The lines within which any proposed buildings shall be erected, altered, or moved.
  4. The locations of all building setback lines.
  5. The heights of all proposed buildings.
  6. The existing and proposed use of each building.
  7. The use of adjoining properties.
  8. The number of families or dwelling units in each existing building and the number that each proposed building is intended to accommodate.
  9. The size and location of all proposed driveways and off-street parking and loading areas containing more than six parking spaces. If in a special flood hazard area, then refer to Section 4-12.6 for additional application requirements.
  10. Other reasonable and pertinent information concerning the lot or neighboring lots as the Director may find necessary for the enforcement of this Unified Development Ordinance.
5. Waiver for Repair Only. Where an application is to effect repairs only, the Director may waive the requirement of an approved plat or plan. The work to be performed shall be clearly defined in the Certificate of Zoning Compliance.
6. Expiration. If the work described in any Certificate of Zoning Compliance has not begun within one year from the date of issuance, said certificate shall expire; it shall be canceled and written notice shall be given to the owner/developer, unless extended by the Director upon application by the owner/subdivider/developer.
Certificate of Zoning Compliance - Conditional Use. A Certificate of Zoning Compliance may be issued when the Director, or an appointee, verifies that a proposed conditional use is permitted in the district in which it is proposed. Applications for approval of a Certificate of Zoning Compliance shall be on a form approved by the Director. Depending on the nature of the proposed conditional use, the Director may request additional information to accompany the form, including:
1. A site plan;
2. Building elevation drawings;
3. Photograph of the building (if it already exists and will house the conditional use);
4. Building materials;
5. A full description of the intended use;
6. Distances from other specified uses; and
7. Other information that may be needed in order for the Director to confirm that the proposed use will meet all conditional use regulations set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
Temporary Use Permit. Applications for approval of a temporary use permit shall be on a form approved by the Director.

Plans and Plats.

Minor Changes to Planned Development Site Plan.
1. Findings. Minor changes in approved planned development site plans may be approved by the Director, or an appointee, on application by the applicant, upon making a finding that such changes are:
  1. In accord with all applicable regulations in effect at the time of the creation of the planned development; or
  2. In accord with all applicable regulations currently in effect.
  3. Less than 10 percent from the original requirements.
2. Submittal Contents. See Section 6-21.4.1, Submittal Requirements, Subsection B., Plans and Plats.
Development Plan.
1. Plan Package. Once the subdivider/developer has an approved sketch plan, seven copies of a development plan submittal package may be submitted to the Director for distribution and review. The submittal package shall include the development plan and an application.
2. Plan Requirements. The Development Plan shall be drawn at a scale not smaller than one hundred (100) feet to one (1) inch. On large subdivisions, match lines shall be used, if necessary, on sheets no larger than 30" x 42". Sheets measuring 24” x 36” are preferred in order to conform to the Final Plat submittal requirements.
3. Conformance with Standards. The development plan shall meet the minimum standards of subdivision design set forth in this Unified Development Ordinance, together with the applicable fire code.
4. Submittal Contents, Generally.
  1. Proposed name of the subdivision, and name and address of the contact person, and the person or firm preparing the plan.
  2. Title, graphic scale, north arrow, and date.
  3. Vicinity map at a scale not smaller than one mile to one inch showing the relationship of the subdivision to the surrounding area.
  4. Acreage and boundaries of the parcel to be subdivided.
  5. Original signature, date, and stamp of a registered professional engineer.
  6. All drawing elements shall be submitted referencing South Carolina State Plane (SCSP) Coordinates. Elements referencing SCSP will utilize the North American Datum of 1983-1986 Adjustment (NAD83 [1986]) for horizontal control and be measured in International Feet (not US Survey Foot). Vertical control will reference the North American Vertical Datum of 1988 (NAVD88) and shall include measures using US Survey Foot. Datum information shall be noted on all plan sheets submitted for review purposes. Control of plan features may be tied to the SCSP system using traditional surveying or GPS (Global Positioning System) methods.
5. Submittal Contents, Existing Conditions.
  1. Contour lines at vertical intervals of not more than two feet. These contour lines shall extend beyond the boundaries of the parcel by 100 feet on all sides, as necessary, to show adjacent topography. The Director reserves the right to require one-foot contour intervals and intermediate spot elevations in areas suspected of extremely poor drainage;
  2. Deed record names of adjoining property owners within the subdivision;
  3. In case of re-subdivision, a copy of the existing plat with the proposed re-subdivision superimposed over the originally platted subdivision;
  4. Location of all streams, lakes, swamps, as well as any land that is subject to a one percent chance of annual flooding;
  5. Location of existing, adjoining property lines and buildings on the property to be subdivided;
  6. Location and rights-of-way of streets, roads, railroads, and utility lines either on or adjacent to the property to be subdivided. Specify whether utility lines are in easements or rights-of-way and show the locations of poles or towers;
  7. Size and location of existing sanitary and storm sewers, water mains, drains, culverts, of other underground facilities within the street or within the right-of-way of streets or roads adjoining the tract;
  8. Grades, inverts, and ground level elevations of existing sanitary and storm sewers;
  9. The acreage of each drainage area affecting the proposed subdivision;
  10. Datum information; and
  11. Location of the City limit and county lines, if applicable, and indication of the existing zoning classification and the proposed use of all land within the subdivision.
6. Submittal Contents, Proposed Conditions.
  1. Proposed layout of streets, roads, and alleys, with their widths, names, and thoroughfare classifications.
  2. Construction plans for all streets, showing their natural and finished grades, as well as the typical cross-sections for each classification or proposed street type. Additional cross-sections may be required due to unusual topography or other site conditions.
  3. Proposed layout of all lots, including lot numbers, dimensions, all easements and their widths, and the proposed use of all lots or tracts of land.
  4. All setbacks and easements.
  5. Construction plans for sanitary sewers with grade, pipe size, pipe material, locations of manholes, and points of discharge.
  6. Construction plans for the storm drainage system, in accordance with the requirements of the Municipal Utilities Ordinance.
  7. Construction plans for the water supply system with pipe sizes, pipe materials, fittings, and locations of hydrants and valves.
  8. A grading plan to show the proposed contour changes in areas where cut or fill is to be done.
  9. Proposed street lighting plan and electrical, telephone, and cable vision wire location plan showing pole locations and underground installations.
  10. Proposed sign location plan for all street name and traffic control signs to be installed, plus proposed traffic control lights.
  11. Delineation of all riparian buffers, open spaces, and designated natural areas.
  12. Proposed street tree arrangement.
Final Plat.
1. Plan Package. After completion of the physical development of all or any completed phase of the area shown on the approved development plan, the subdivider/developer or an agent shall submit four copies of a final plat submittal package to the Director for review and approval. Each submittal package shall include a final plat application, copies of all certificates that may be required, and copies of the final plat.
2. Plan Requirements. The final plat shall be drawn to scale not smaller than 100 feet to one inch or with match sheets no larger than 24" x 36.” Final plats shall be submitted in electronic format.
3. Drawings and Files.
  1. Five copies of complete record drawings of all utilities stamped, dated, and signed by the project engineer for accuracy shall be submitted along with an electronic copy (compact disk) in digital format in a form usable (CAD) by the City of Florence Engineering Office.
  2. The completed CAD drawing file shall contain text in standard fonts that can be read without third-party software. No polylines or annotations shall be stored in blocks. All blocks shall be exploded. All components of the drawing must appear on separate layers or levels (i.e. “valves” on a separate layer from “waterlines”). The numbering and/or naming of layers, colors, and line types will be in accordance with the individual Engineer’s standards, but components of the drawing must be separate and consistent in order for successful translation in order to store, manage, and maintain spatially-related (geographic) data.
  3. All drawing elements shall be submitted referencing South Carolina State Plane (SCSP) Coordinates. Elements referencing SCSP will utilize the North American Datum of 1983-1986 Adjustment (NAD83 [1986]) for horizontal control and be measured in International Feet (not US Survey Foot). Vertical control will reference the North American Vertical Datum of 1988 (NAVD88) and shall include measures using US Survey Foot. Datum information shall be noted on all plan sheets submitted for review purposes. Control of plan features may be tied to the SCSP system using traditional surveying or GPS (Global Positioning System) methods.
4. Conformance. The final plat shall substantially conform to the approved development plan and it shall meet all requirements set forth in this Unified Development Ordinance.
5. Submittal Contents. At a minimum, the final plat shall include the following:
  1. Name of the subdivision and developer, and the name and address of a contact person.
  2. Title, graphic scale, north arrow, and date.
  3. Street names, lot numbers, and street addresses for residential subdivisions;
  4. Sufficient data to readily determine and reproduce on the ground the location, bearing, and length of every road centerline, subdivision boundary line, block line, and easements whether curved or straight.
  5. All lot lines, lot dimensions, and building setback lines.
  6. Location and description of all monuments and markers.
  7. Locations of all power lines or power company easements.
  8. All rights-of-way, easements, and areas to be dedicated to public use with the purpose of each stated;
  9. Approved driveway zones for corner lots;
  10. All natural features to be conserved, including historical sites, buildings, or markers; scenic spots; water bodies; and significant stands of trees.
  11. All pre-existing or newly planted riparian buffers.
  12. The following signed certificates appearing on the final plat, which are submitted by the developer to the Director :
    1. Certificate of ownership, dedication, and taxes paid;
    2. Owner's guarantee and warranty in affidavit form.
    3. Conveyance of utilities to the City;
    4. Verification of street acceptance by the county, or a letter of acceptance from the South Carolina Department of Transportation (SCDOT) if an encroachment permit is involved;
    5. Other SC DOT certifications (as applicable);
    6. Recorded copies of any easements and deeds (if the City needs interest in real property);
    7. Certificate of acceptance of physical improvements;
    8. Guarantee of repaving;
    9. Accuracy of land survey;
    10. Engineer's letter/certificate of completion to the City of Florence;
    11. Approved escrow agreement;
    12. SC DHEC certifications/approvals to place into operation;
    13. Certificate of approval for recording; and
    14. The name, seal, signature, and registration number of the surveyor.
6. Final Plat Revisions. If it should be necessary to revise a final plat due to dimensional error, the subdivider’s surveyor, upon acceptance and authorization of the Director, shall make the necessary changes and resubmit the final plat to the Director. The Director will then sign, date, and stamp as “Approved for Recording.” The approved plat will then be made available to the subdivider/developer for recording in the Office of the County Clerk of Court.
Summary Approval of Final Plat.
1. Applicability. Summary approval of a final plan shall be allowed under the following criteria:
  1. Subdivisions that do not involve the platting, construction, or opening of new streets, water, sewer, or stormwater facilities, or improvements to existing streets, because all necessary public facilities are adequate and existing.
  2. There will be no more than four lots in the subdivision;
  3. All lots front (or will front) on an existing street;
  4. The subdivision does not require the creation of any new street; and
  5. All lots that will be developed for residential use will be served by existing municipal facilities (water, sewer, drainage, etc.).
2. Submittal Contents. Generally, the required submittal contents for final plats shall be required for summary approval of a final plat, unless deemed unnecessary by the Director.

Design Review.

Petition to Designate Historic Properties or Districts. The Design Review Board shall review the local inventory and make recommendations for historic designation(s) to the City Council based on the petition of property owners and the criteria listed below.
1. Notification. Owners of properties proposed to be in a designated historic district shall be notified in writing 30 days prior to consideration by the Design Review Board.
2. Owner Approval or Opposition. Owners may appear before the Design Review Board to voice approval or opposition to such district designation. Any property owner may object to the decision by the City Council to designate their property as part of a historic district by filing suit against the City of Florence before the Courts of the State of South Carolina.
3. Map Designation. All locally designated historic properties and districts shall be clearly shown on the Official Zoning Map.
4. Criteria for Historic Designation. A property may be designated historic if it:
  1. has significant inherent character, interest, or value as part of the development or heritage of the community, state, or nation; or
  2. is the site of an event significant in history; or
  3. is associated with a person or persons who contributed significantly to the culture and development of the community, state, or nation; or
  4. exemplifies the cultural, political, economic, social, ethnic, or historic heritage of the community, state, or nation; or
  5. individually, or as a collection of resources, embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering; or
  6. is the work of a designer whose work has influenced significantly the development of the community, state or nation; or
  7. contains elements of design, detail, materials, or craftsmanship which represent a significant innovation; or
  8. is part of or related to a square or other distinctive element of community planning; or
  9. represents an established and familiar visual feature of the neighborhood or community; or
  10. has yielded, or may be likely to yield, information important in pre-history or history.
Nomination to the National Register of Historic Places. The Board may conduct first review and evaluation of all proposed nominations for the National Register of Historic Places for properties that are within its jurisdiction, prior to consideration by the State Board of Review. The Board may send their recommendations to the State Historic Preservation Office for consideration at the meeting of the State Board of Review. The Board shall not nominate properties directly to the National Register; only the State Board of Review shall have this final review authority unless expressly authorized by federal statute.

Environmental Permits.

Floodplain Development Permit. All development proposed within a special flood hazard area (SFHA) and all development constructed, installed, commenced, improved, or maintained within a SFHA after the effective date (to the extent permitted by this Unified Development Ordinance), is required to obtain a Floodplain Development Permit from the Director, acting as the Floodplain Administrator, in accordance with the procedures established in this Section and Division 4-12.6, Flood Prevention. The Director shall maintain records pertaining to the issuance of a Floodplain Development Permit in accordance with the responsibilities set out in Section 6-20.3.2, Director of Planning, Research, and Development, and Division 4-12.6, Flood Prevention.
Drainage Plan. (See Division 4-12.3, Storm Drainage)
1. Plan Requirements. A drainage plan shall meet the minimum standards of design set forth in this Unified Development Ordinance. All drainage work shall be in compliance with the approved drainage plan.
2. Submittal Content. When it is a requirement of this Unified Development Ordinance, a drainage plan shall be prepared by a registered engineer engaged by the subdivider/developer. This plan shall include:
  1. Major developments:
    1. A grading plan;
    2. Both existing and proposed drainage conditions;
    3. An evaluation of the ability of the proposed drainage facilities and other improvements pertaining to drainage or flood control within the development to handle the runoff which would be generated by the development;
    4. An analysis of the downstream drainage facilities and its ability to handle the existing flow and the increased flow from the development;
    5. Calculated estimates of the quantity of stormwater entering the development naturally, and estimates of such water when the upper watershed area shall have been developed for the maximum land use permitted by the future land use plan contained in the City of Florence Comprehensive Plan;
    6. Existing conditions of the watershed that may affect the proposed development, such as subsoil type, positive drainage channels, obstructions, and other such conditions;
    7. Quantities of flow at each pickup point;
    8. Estimates of temporary erosion and pollution controls necessary while the development is under construction;
    9. Description of major, primary and secondary systems;
    10. An evaluation of proposed facilities under both frequent and infrequent storms (10-year, 50-year, and 100-year). A reference to the Flood Insurance Study, City of Florence, S.C., Federal Emergency Management Agency, June 1, 1981, and Flood Plain Information, Florence, S.C., U.S. Army Corps of Engineers, October, 1967, shall be considered as information and utilized where applicable.
    11. At the time of development, any existing manmade waterway shall be included in the stormwater management plan. Modifications, including piping, may be required by the City.
    12. A list of all proposed construction and post-construction BMP's (both structural and non-structural). For post-construction structural BMP's, the list shall identify the structures that are proposed to become public.
    13. A description of all existing and proposed discharges to waters classified as Outstanding Resources Waters (ORW's), including provisions for pollution control. If no discharges are proposed, a statement to that effect shall be included.
    14. A description of all existing and proposed discharges to Source Water Protection Areas (SWPA's) including provisions for pollution control. If no discharges are proposed, a statement to that effect shall be included.
  2. Minor Developments. Minor development projects shall be studied in order to determine the adequacy of any existing storm drainage systems or the effect of proposed improvements. The Director of Public Works and Utilities may require as much or as little of the information set out in b.1 above as needed to conduct an appropriate drainage analysis of the site plan, grading plan, or storm drainage analysis of the site plan, grading plan, or storm drainage plans submitted to the City as part of the requirements of the site plan needed for a Certificate of Zoning Compliance and building permit. The Director of Public Works and Utilities may waive the requirement that a registered professional engineer conduct the drainage study for minor developments.
Stormwater Pollution Prevention Plan (SWPPP). A stormwater pollution prevention plan (SWPPP) or an application for a waiver shall be submitted to the City by the person responsible for the land disturbing activity for review and approval for a land disturbing activity, unless otherwise exempted. The SWPPP shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire land disturbing activity. The approved SWPPP shall serve as the basis for water quantity and water quality control on all subsequent construction.
1. Land Disturbance Permit; Level I Stormwater Pollution Prevention Plan (SWPPP).
  1. Plan Requirements. A stormwater pollution prevention plan (SWPPP shall meet the standards set out in this Unified Development Ordinance. All drainage work shall be in compliance with the approved SWPPP. The person responsible for the land disturbing activity shall apply in writing, on forms provided by the City, to the Director of Public Works and Utilities for a certificate of approval for land disturbance, as well as a National Pollution Discharge Elimination System (NPDES) permit for large and small construction activities. Such application shall be accompanied by five copies of the SWPPP prepared in accordance with this Section, the procedures set out in Section 6-21.6.10, Land Disturbance Permit – Level I and Level II SWPPP, and the site design and development standards set out in Article 12, Stormwater Management, Drainage, and Flood Prevention.
  2. Submittal Contents. The requirements contained below may be indicated on one plan sheet. More detailed hydrologic or soils information may be required on a case-by-case basis by the implementing agency. Stormwater detention/retention may be required if excessive water problems are known to exist in the area. Plans shall contain the following information, as applicable:
    1. A standard application form;
    2. A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel;
    3. An anticipated starting and completion date of the various stages of land disturbing activities and the expected date the final stabilization will be completed;
    4. A narrative description of the SWPPP to be used during land disturbing activities;
    5. General description of topographic and soil conditions of the tract;
    6. A general description of adjacent property and a description of existing structures, buildings, and other fixed improvements located on surrounding properties;
    7. A sketch plan (not requiring a stamp/seal of a certified designer) to accompany the narrative which shall contain:
      1. A site location drawing of the proposed project, indicating the location of the proposed project in relation to roadways, jurisdictional boundaries, streams, and rivers;
      2. The boundary lines of the site on which the work is to be performed;
      3. A topographic map of the site if required by the city;
      4. The location of temporary and permanent vegetative and structural stormwater management and sediment control measures; and
      5. Riparian buffers and setbacks required to protect receiving waters, as set out in Article 13, Riparian Buffers and Natural Features.
    8. Certification by the person responsible for the land disturbing activity that the land disturbing activity will be accomplished pursuant to the plan and that the City or DHEC has the right to conduct on-site inspections.
2. Land Disturbance Permit; Level II Stormwater Pollution Prevention Plan (SWPPP).
  1. Plan Requirements. Plans shall be sealed by a qualified design professional (see Submittal Contents below.
  2. Submittal Contents. Plans shall contain the following information, as applicable:
    1. A standard application form;
    2. A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel;
    3. A plan at an appropriate scale accompanied by a design report and indicating at least:
      1. The location of the land disturbing activity shown on a USGS 7.5 minute topographic map or copy.
      2. The existing and proposed topography, overlaid on a current plat showing existing and proposed contours as required by the City.
      3. The proposed grading and earth disturbance including:
        Surface area involved; and
        Limits of grading including limitation of mass clearing and grading whenever possible.
    4. Stormwater management and stormwater drainage computations, including:
      1. Pre- and post-development velocities, peak rates of discharge, and inflow and outflow hydrographs of stormwater runoff at all existing and proposed points of discharge from the site;
      2. Site conditions around points of all surface water discharge including vegetation and method of flow conveyance from the land disturbing activity; and
      3. Design details for structural controls.
    5. Erosion and sediment control provisions, including:
      1. Provisions to preserve top soil and limit disturbance;
      2. Details of site grading; and
      3. Design details for structural controls which includes diversions and swales.
    6. Federal Emergency Management Agency (FEMA) flood maps and federal and state wetland maps, where appropriate.
    7. Plans and design reports, which shall be stamped/sealed by a qualified design professional and certified that the plans have been designed in accordance with approved stormwater-related ordinances, programs, regulations, standards, and criteria.
    8. Additional information necessary for a complete project review, which may be required by the City as deemed appropriate. This additional information may include items such as public sewers, water lines, septic fields, and wells.
    9. Certification by the person responsible for the land disturbing activity that the land disturbing activity will be accomplished pursuant to the approved plan and that the City or DHEC has the right to conduct an on-site inspection. All Level II SWPPP’s submitted to the City for approval shall be certified by a designer for which the following disciplines may certify and stamp/seal plans as allowed by their respective licensing act and regulations:
      1. Registered professional engineers as described in the South Carolina Code of Laws, Title 40, Professions and Occupations, Chapter 22, Engineers and Surveyors.
      2. Registered landscape architects as described in South Carolina Code of Laws, Title 40, Professions and Occupations, Chapter 28, Landscape Architects, Section 10, Item (b).
      3. Tier B land surveyors as described in South Carolina Code of Laws, Title 40, Professions and Occupations, Chapter 22, Engineers and Surveyors.
      4. Employees of the federal government may prepare SWPPP’s with submitted to the City by the person responsible for the land disturbing activity.
      5. Other disciplines or certified professionals, including, but not limited to, a certified professional in erosion and sediment control or certified professional in stormwater quality, which have appropriate background and experience are not prohibited from taking active roles in the preparation of the SWPPP and design process. However, all plans and specifications submitted to the City for approval shall be stamped/sealed by those listed in Subsections 3(a), (b), (c), or (d) above.
    10. The selection, design, installation, and maintenance of appropriate construction and post-construction BMPs must be in accordance with the latest revision of the Stormwater Management BMP Handbook published by DHEC.A description of all existing and proposed discharges to Source Water Protection Areas (SWPA's) and waters classified as Outstanding Resource Waters (ORW's), including provisions for pollution control. If no discharges are proposed, a statement to that effect shall be included.

Other Permits.

Sign Permit.
1. Permit Requirements. A sign permit is required for the installation of a sign, other than for one listed as allowed without a permit in Table 5-17.2.1A, Number, Dimension, and Location of Permitted Signs, By Zoning District. If a proposed sign meets the standards of this Unified Development Ordinance, then the Director will issue a sign permit.
2. Submittal Contents. The following information is required, unless deemed unnecessary by the Director:
  1. A standard application form, including:
    1. Identification of the landowner or leaseholder of the property on which a sign is proposed to be erected or placed;
    2. Name and address of the landowner or leaseholder of the proposed sign and who shall be responsible for installing and maintaining the sign in accord with all applicable standards and regulations of the City; and
    3. The value of the sign and sign structure.
  2. A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel;
  3. A site plan at an appropriate scale indicating the following:
    1. Legal description and address (or addresses) of the parcel for which a sign is proposed;
    2. The zoning of the subject property (or properties);
    3. Existing and proposed/approved buildings;
    4. Boundary of the site;
    5. Location of all existing and proposed/approved street access points, private drives, and street rights-of-way, and all clear areas required by Division 4-11.3, Sight Clearance;
    6. Location of nearest pavement edge of a public street;
    7. Location and size of existing and proposed trees within 40 feet of the proposed signage;
    8. Location of all existing and proposed easements;
    9. Location of all existing and proposed freestanding signage on the site, including sign kiosks, and adjacent sites within 200 feet and relative to rights-of-way lines, building and setback lines, and bufferyards;
    10. Location of all existing and proposed attached signage on the buildings, facades, fascias, parapet walls, windows, canopies, and/or awnings that exist or are proposed to have signage;
    11. Dimensions and heights of all existing, approved, and proposed attached signs, and calculations regarding the signable area ratio, where a signage area ratio is established;
    12. Written certification from a South Carolina registered engineer or licensed architect that a sign exceeding 36 square feet in area is structurally sound and safe, does not constitute a hazard to persons or property on the premises, on adjoining property, or in the vicinity, and that the sign is in compliance with all applicable building and construction codes and the requirements of this Unified Development Ordinance.
    13. Location of the nearest:
      1. Parcel that contains or may contain a public park, public building, or public or private school.
      2. Historic site or district.
      3. Point of entrance into any area zoned for residential purposes.
    14. Sign elevations, or a design theme with illustrative examples of each sign type and the proposed general locations or each sign type, to include:
      1. Materials and colors.
      2. For freestanding signs, proposed landscaping around the base of the sign.
      3. Proposed illumination, including location of fixtures (or annotation regarding internal lighting), and proposed illumination levels.
      4. Maximum numbers of items of information per sign face.
Certificate of Historical Appropriateness in the Downtown Design Districts. See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review.
Design Review. Applications for design review shall be on a form approved by the Director. Depending on the nature of the proposed improvements and the status of the property, the Director may require additional information. The following information is required:
1. A standard application form;
2. A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel;
3. A plan at an appropriate scale indicating the following:
  1. Legal description and address (or addresses) of the parcel proposed for development;
  2. The size of the subject property (by square foot and acre);
  3. The zoning of the subject property (or properties);
  4. The size and dimensions of the lot proposed for development, together with all easements and required building setbacks;
  5. The footprint(s) and grades of the building(s) proposed for development and the building orientation relative to public and private streets and alleys;
  6. The location of adjacent and abutting properties within 200 feet, including the proximity of the proposed development to existing buildings;
  7. Boundary of the site;
  8. The gross floor area of the existing and/or proposed uses and buildings;
  9. Location of all existing and proposed/approved street access points, private drives, and street rights-of-way, and all clear areas required by Division 4-11.3, Sight Clearance;
  10. The size, arrangement, circulation pattern, number of parking spaces, and surface of all parking and vehicular use areas;
  11. Proposed landscaping, buffering, screening, and fencing in conformance with the standards and requirements set out in Article 10, Landscaping and Buffering.
  12. Location and widths of sidewalks in compliance with the standards of this Unified Development Ordinance, the Americans’ with Disabilities Act (ADA), and the requirements of SCDOT, as amended from time to time.
4. Front, side, and real elevations of the proposed unit(s) showing:
  1. Building height(s) and dimensions;
  2. Primary and secondary building entrances;
  3. Lighting fixtures;
  4. Windows and their placement, including accentuations such as shutters, awnings, or decorative framing;
  5. Percentage of the front façade composed of doors and windows;
  6. Garage doors and their dimensions, as applicable;
  7. Building architecture and design features relative to those of the existing buildings in the surrounding area;
  8. Building wall articulations such as building offsets, fenestration, rooflines, and front porches; and
  9. Wall, foundation, and roof finish materials and colors.
Building Permit.
1. Generally. A building permit is required prior to the improvement, construction, reconstruction, or repair of any existing or new building or structure, except as provided herein and except as provided in the applicable building code. By way of example and not limitation, development activities that usually require a building permit include:
  1. Installation or construction of any roofing or re-roofing, fences, or swimming pools (above and in-ground);
  2. Installation or construction of a sign, tower, shed, gazebo, shelter, deck, porch, carport, patio, kennel (anchored to ground), garage, or room addition (includes custom built or prefabricated three season rooms or sun rooms);
  3. Construction, reconstruction, repair, moving, or demolition of any residential, commercial, municipal, recreational, institutional, or industrial building or structure; and
  4. Alteration or remodeling of an existing building or structure that includes any changes in structural members, stairways, basic construction type, kind or class of occupancy, light or ventilation, means of ingress and/or egress, or any other change(s) affecting or regulated by an adopted building code or this Unified Development Ordinance, except for minor repairs or changes not involving any of the aforesaid provisions.
2. Application. Application for a building permit shall be made on a form approved by the Building Official.
Certificate of Occupancy.
1. Generally. A certificate of occupancy is required prior to the use of any land, building or structure for which a building permit is (or was) required. The certificate of occupancy certifies that the completed project complies with the provisions of this Unified Development Ordinance, the building code, approval conditions, and all other pertinent ordinances. It shall be unlawful to occupy any building or structure unless a full, partial, or temporary certificate of occupancy has been issued by the Building Official. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this Unified Development Ordinance.
2. Violation. Failure to obtain a certificate of occupancy shall be a violation of this Unified Development Ordinance.
3. Application Requirements.
  1. Application for a full, temporary, or partial certificate of occupancy shall be made on a form approved by the Building Official.
  2. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building, or structure on the same lot, provided that such accessory buildings or structures are completed at the same time as the principal use.

Effective on: 1/15/2018

Sec. 6-21.4.1 Submittal Requirements

Use Permits.

Temporary Use Permit.
1. Generally. Large Class “A” Temporary Special Events, Class “A” Temporary Commercial Sales, and Class “A”, Temporary Construction Uses and Buildings are required as a precondition to establishment of the above temporary uses as set out in Division 1-2.9, Temporary Uses.
2. Application. Application for these temporary use permits shall be made on a form approved by the Director.
3. Approval Criteria. The temporary use permits established in Subsection 1., above, shall be approved if it is demonstrated that they meet the applicable substantive requirements of this Unified Development Ordinance, particularly those specified for the proposed use in Division 1-2.9, Temporary Uses.
4. Procedure. Applications for these temporary use permits are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.6, Staff Review and Referral, which shall be decided by the Planning Commission pursuant to the public meetings provisions of Section 6-21.5.10, Public Meetings and Hearings.
5. Decision. The Planning Commission shall approve, approve with conditions, or deny the application.

Plans and Plats.

Site Plan.
1. Generally. The standards of this Subsection are applied to site plans. Site plans are required as provided in Table 6-21.1.3, Public Meeting Approvals.
2. Application. Applications for approval of a site plan shall be on a form approved by the Director.
3. Plan Requirements. Site plans establish the layout of the following features on the parcel proposed for development:
  1. Infrastructure (including but not limited to access, street rights-of-way, potable water lines, sewer lines, and stormwater facilities);
  2. Utility easements;
  3. Drainage systems;
  4. Open spaces;
  5. Lot lines (if the site is being subdivided for the purposes of ownership); and
  6. In the case of nonresidential, mixed-use, and multifamily development:
    1. Landscape areas;
    2. Building pads;
    3. Service areas; and
    4. Parking areas
4. Submittal Contents:
  1. Name of proposed use or development.
  2. Sworn proof of ownership and a notarized letter of authorization from the landowner permitting a representative to process the application.
  3. The land area and legal description.
  4. The proposed land use and the area of each use in square feet.
  5. A chart comparing all of the regulations and requirements of the proposed development with those of the zoning district for proposed use(s), building heights, minimum lot area, lot width, setbacks, street frontage, building coverage, lot area proposed for development, open space ratio or landscape surface ratio (LSR), scale, gross floor area, gross floor area ratios, setbacks, and density.
  6. The existing zoning of the property.
  7. The zoning and residential density of all adjacent properties.
  8. Public and private utility service lines and/or main lines with appurtenances.
  9. Title certificate or abstract of titles covering all lands to be conveyed to the City.
  10. Treasurer's Certificate of Taxes due.
  11. If the application involves public improvements:
    1. Preliminary construction plans for the proposed public improvements including street plan and profile sheets, storm drainage improvements plans and other improvements, prepared in accordance with City standards.
    2. A preliminary pavement design report, prepared in accordance with City standards.
  12. A traffic study prepared in accordance with the provisions set out under sketch plan below.
  13. Signature block for the Director and Planning Commission chairperson.
5. Conditions of Approval. The Planning Commission may impose conditions of approval as may be necessary to ensure compliance with this Unified Development Ordinance.
Site Plan for Planned Development.
1. Generally. All planned development applications shall be accompanied by a planned development site plan in accordance with this Subsection. All sketch plans related to a planned development application shall be accompanied by a planned development site plan.
2. Binding. Approved planned development site plans shall be binding on the owner and any successor of title.
3. Submittal Contents. Planned development site plans shall include the following:
  1. Proposed name of the planned development, and name and address of the contact person, and the person or firm preparing the planned development site plan.
  2. Title, graphic scale, north arrow, and date.
  3. Vicinity map at a scale not smaller than one mile to one inch showing the relationship of the planned development to the surrounding area.
  4. Acreage and boundaries of the parcel(s) subject to the planned development.
  5. Original signature, date, and stamp of a registered professional engineer.
  6. A concept plan of the planned unit development that shows:
    1. The entire parcel of land, drawn to scale;
    2. General indication of densities and uses by location;
    3. Infrastructure locations; and
    4. Common and public open space.
  7. Development schedule, indicating approximate dates when construction will commence and terminate.
  8. Number of structures, parcel size of each lot, percent of lot coverage for each lot, and for the entire parcel.
  9. Tabulation of gross densities and intensities for each use category (e.g., residential, commercial, industrial).
  10. Types of buildings proposed, including general statements and/or sketches of exterior finishes and colors.
  11. Statement identifying the intended means of assuring permanency, continuance, and maintenance of all open/recreational space to be dedicated for use by residents of the development and/or the general public. If the City's Parks and Recreation Department is a partner in the development of open/recreational space, copies of all agreements shall be attached to the site plan.
  12. Proposed restrictive covenants.
  13. Legal description of the entire parcel.
  14. Statements or attachments indicating that the wastewater treatment plant and collection system, and the water system have capacity available for this development.
  15. General statements on the preservation of any unique environmental areas, or concerns of the parcel such as wetlands, floodplains, etc. All environmental areas shall be delineated on the site plan.
  16. General statements on environmental considerations for the placement of all infrastructure, open space, recreational areas, underground services, paved areas, and finished grade levels. These statements should also include all considerations given for these environmental areas during construction.
  17. General statements regarding the number and placement of all driveways, streets, alleys, and sidewalks including the widths and lengths of all acceleration and deceleration lanes. Parking facilities and access drives shall comply with Article 9, Parking and Loading.
  18. Recognition of all right-of-ways and easements with reference on the site plan.
  19. General statements on the number and placement of street lighting.
  20. A storm drainage plan in accordance with the standards and requirements of this Unified Development Ordinance.
  21. Erosion and sediment control plan.
  22. Landscape and buffering plan.
  23. Other related data which may be reasonably required by the Director.
4. Procedures. Planned development ordinances are approved by the City Council pursuant to the procedures set out in Division 6-21.5, Standardized Development Review Procedures.
5. Adoption. When adopting or amending a planned development ordinance, the City Council may do any of the following:
  1. Impose reasonable conditions;
  2. Condition issuance of a planned development site permit or Certificate of Zoning Compliance on the furnishing of a bond or a satisfactorily written assurance that guarantees the timely completion of a proposed public improvements in the planned development or serving the planned development; or
  3. Allow or require an owner of real property to make a written commitment.
Sketch Plan.
1. Generally. The sketch plan submittal, review, and approval process is intended to benefit the developer of a proposed project, and/or his agent, by providing an overview of the proposed development confirming that it meets the basic intent of these regulations prior to the preparation of a more formal and involved development plan submittal.
2. Pertinent Information. Subdividers/developers and their agents are encouraged to provide all pertinent information during the preliminary design phase of a project so that it may be determined if the general layout of the project meets the intent of this and any other applicable ordinances. The subdivider/developer shall submit a sketch plan of the entire tract, even if his present plans call for the development of only a part of the property.
3. Plan Requirements. The Sketch Plan shall be drawn at a scale not smaller than one hundred (100) feet to one (1) inch. On large subdivisions, match lines shall be used, if necessary, on sheets no larger than 30" x 42". Sheets measuring 24” x 36” are preferred in order to conform with the Final Plat submittal requirements.
4. Submittal Contents. At a minimum, the sketch plan shall include:
  1. A vicinity map at a scale not smaller than one (1) mile to one (1) inch showing the relationship of the proposed subdivision to surrounding areas and development.
  2. Proposed name of the subdivision with name and address of contact person.
  3. Deed record names of adjoining property owners of subdivision.
  4. The total acreage in the tract to be subdivided.
  5. Proposed street arrangements, including any dimensional information such as rights-of-way widths, cul-de-sac lengths, curve radii, etc. that may be necessary to ensure that the geometric design of the street layout meets the intent of applicable codes and regulations.
  6. Lot arrangements, including typical lot area and approximate number of lots.
  7. Sufficient additional information (e.g., setbacks) to ensure conformance with the standards and regulations of this Unified Development Ordinance.
  8. City or county boundary lines (as applicable).
  9. Existing and proposed uses of land throughout the subdivision.
  10. Existing parcel boundaries and uses of land surrounding the proposed subdivision.
  11. Street names assigned in accordance with the following guidelines, subject to the review of the Director and approval by the Planning Commission::
    1. The proposed street name must not be a duplicate name of any existing street name in the City or County.
    2. Existing street names must be used in those instances where a new street is a direct or logical extension of an existing street.
    3. Names of existing streets may be changed only when the entire length of street is included in the name change.
    4. Street name suffixes must be assigned as follows:
      1. Court, Circle or Loop are reserved for cul-de-sac or loop streets;
      2. Boulevard, Parkway and Expressway are reserved for major thoroughfares or divided streets with at least two lanes of traffic in each direction.
      3. Highway and Freeway shall be reserved for designated highways or freeways under the jurisdiction of the South Carolina Department of Transportation.
      4. A street name suffix shall not be used as part of the street name.
    5. Street name prefixes such as North, South, East, and West may be used to clarify the general location of the street. However, such prefixes must be consistent with the existing and established street naming and address numbering system of the general area in which the street is located.
    6. Alphabetical and numerical street names must not be designated except where such street is a direct extension of an existing street and is not a duplicate street name.
    7. Proper names of national figures and local elected local officials may be considered under the following criteria:
      1. The individual must be deceased;
      2. Major thoroughfares are reserved for national figures, i.e., Martin Luther King Blvd., etc.; and
      3. Local Streets may be used for national figures or local elected officials.
  12. Contour lines at vertical intervals of not more than two feet. These contour lines should extend beyond the boundaries of the parcel by a minimum of 100 feet on all sides, or as necessary to show adjacent topography.
  13. In case of re-subdivision, a copy of the existing plat with the proposed re-subdivision superimposed.
  14. Location of all streams, lakes, swamps, as well as land subject to a one percent annual chance flood.
  15. Location of existing adjoining property lines and buildings on the property to be subdivided.
  16. Location and rights-of-way of streets, roads, railroads and utility lines either on or adjacent to the property to be subdivided. Specify whether utility lines are in easements or rights-of-way and show the locations of poles or towers.
  17. The approximate location of existing and proposed utilities, including stormwater management facilities.
  18. Additional information may be required if it is deemed necessary by the Director, or appointees, in order to make a determination of general conformance with the regulations (e.g., environmental impact studies, drainage analysis.
5. Traffic Studies.
  1. Traffic Studies, Generally. A traffic impact study may be required for any large development, such as a shopping center, planned or mixed use development, an industrial complex, or a significant residential project. A traffic study is required when a specified threshold within the development is met or if it is determined by the City that the level of service (LOS) of the existing or proposed road network is unacceptable.
  2. Thresholds. The proposed thresholds are as follows and, if met, require a traffic study:
    1. If 50 or more lots in a residential subdivision or 100 parking places for multi-family residential or commercial projects are proposed;
    2. If a proposed building is 100,000 square feet or more;
    3. If there are two or more principal uses for a project area where the total gross floor area is 100,000 square feet or more; or
    4. If the development is a truck or bus terminal, including service facilities designed principally for such uses.
  3. Submittal Contents of Traffic Study. If a traffic study is required for a project, it shall contain the following elements:
    1. A list of roads in the project area showing the functional class and traffic counts for each; and
    2. An investigation of the project impact on the transportation network, including level of service (LOS) calculations for all affected roads.
  4. Level of Service (LOS) and Road Functional Class Descriptions. The LOS, based on the current traffic on the road (volume) and the ability of the road to handle traffic (capacity), that will be considered acceptable is dependent on the functional class of the road, which is described by the South Carolina Department of Transportation (SCDOT) as follows:
    1. LOS A. This level of service describes completely free-flow conditions. Desired speed and movements are virtually unaffected by the presence of other vehicles and constrained only by the geometric features of the roadway and driver preferences.
    2. LOS B. Traffic flow is stable. The presence of other vehicles only slightly restricts freedom to maneuver.
    3. LOS C. Traffic flow is stable, but the number of bumper-to-bumper groups of vehicles increases due to slow moving vehicles and turning maneuvers.
    4. LOS D. Unstable traffic flow conditions are approached under LOS D. The desire to pass becomes very high but safe passing opportunities decrease significantly.
    5. LOS E. Passing is virtually impossible. The slowest moving vehicle controls the travel speed.
    6. LOS F. Passing is impossible. The slowest moving vehicle controls the travel speed. Very unstable traffic flow conditions exist.
  5. Acceptable Level of Service Based on Functional Class. The functional class of a road is determined by the SCDOT. If the road is a not state maintained, it shall be considered local. The following are minimum acceptable levels of service based on the functional class of the road:
    1. Local - LOS C
    2. Collector - LOS C
    3. Arterial - LOS C
    4. Expressway - LOS C
  6. Certification and Other Requirements of the Traffic Study.
    1. Traffic studies shall be completed and certified by a registered engineer at the expense of the subdivider/developer, owner, or applicant (owner). The City reserves the right to develop a list of pre-approved transportation engineering firms and require that the owner select from the pre-approved list for any required traffic impact study.
    2. Traffic studies shall meet the criteria of the Institute of Transportation Engineers (ITE) and shall analyze traffic conditions per the initial study phase.
    3. If the initial study shows a LOS of less than C, then the subdivider/developer or owner shall be required to complete an additional traffic impact study of the full development of the site under the most critical traffic situation expected. This phase of work must be extended to include a traffic remediation plan that corrects the deficiencies and demonstrates an acceptable level of service on the public roadway(s) for the proposed project. The traffic remediation plan shall include roadway improvements and any traffic control devices necessary to reduce the impacts of the new development.
    4. If the LOS of the existing road network is C or less, then the proposed development may not lower the existing level of service. New roadways within the proposed development must provide (at full development of the site) a LOS of not less than C. However, the study should reflect that the goal is for all existing or proposed public roadway systems to be improved to a minimum of a LOS C.
    5. For phased projects, the proposed public rights-of-ways shall conform to the traffic remediation plan as detailed in the traffic study.
Development Plan Appeal. If a development plan is disapproved by reason of noncompliance, the subdivider/developer may accept the ruling or appeal the ruling to the Planning Commission. If the subdivider/developer defers the right to appeal and elects to modify a nonconforming development plan or if the subdivider/developer decides to appeal the disapproval of a development plan, the subdivider/developer shall abide by the plan requirements and submit the required plan contents set out in Section 6-21.3.1, Submittal Requirements, Subsection B., Plans and Plats.
Final Plat Appeal. If the required improvements have not been properly installed, inspected, approved and accepted and hence, the final plat is rejected, the subdivider/developer may accept the ruling or appeal the ruling to the Planning Commission. If the subdivider/developer defers the right to appeal and elects to complete the required improvements or if the subdivider/developer decides to appeal the rejection of the final plat, the subdivider/developer shall abide by the plan requirements and submit the required plan contents set out in Section 6-21.3.1, Submittal Requirements, Subsection B., Plans and Plats.
Drainage Plan or SWPPP Variance or Waiver. See Section 4-12.1.2, Sediment and Erosion Control, Subsection D., Waivers.

Design Review.

Certificate of Appropriateness in the Downtown Design Districts.
1. Actions Requiring a Certificate of Appropriateness. Within any of the designated overlay districts set out in Division 1-2.4, Downtown Design Districts, an application must be submitted to the Design Review Board through the Director, acting as the Downtown Planning Coordinator. A Certificate of Appropriateness shall be issued before any of the following activities can be undertaken, unless such activity falls within the "major governmental construction" exception set out in (b) below:
  1. The issuance of a permit by the Building Official and/or Director for erection, alteration, improvement, demolition, or moving of such structure, building, or signage;
  2. All requests related to land use;
  3. Landscape changes which include tree removal, without mitigation, of any hardwood tree at least six (6) inches Diameter at Breast Height (DBH), any conifer tree at least eight (8) inches DBH, and any flowering and/or fruiting ornamental trees (e.g., dogwood, magnolia, holly, crape myrtle) at least four (4) inches DBH, or the removal of any hedge or shrub group, without mitigation, that is at least thirty (30) inches in height. If the trees or shrubs are shown to be dead, dying, or greater than (50) percent damaged or diseased as a result of natural factors or the tree or shrub removal is to be mitigated with replacement trees and/or shrubs, the Certificate of Appropriateness may be issued administratively per Section 6-21.6.12.C
  4. Exterior modifications or maintenance which may change or impact the appearance of the structure, including, but not limited to, roofing, facade repairs, fencing, grading or paving, awnings, shutters, or window replacement.
2. Exception for Major Governmental Construction Projects. There is hereby established an exception to the requirement for a Certificate of Appropriateness for the following circumstances involving major governmental construction projects.
  1. For the purposes of this ordinance, a "major governmental construction project" is defined as a construction project being built by a governmental agency (federal, state, county, or city) and for which the total costs of the project exceeds One Million and no/100th ($1,000,000.00) Dollars.
  2. For a "major governmental construction project" as defined above, no Certificate of Appropriateness is required.
  3. In lieu of the requirement of applying for and obtaining a Certificate of Appropriateness for such a “major governmental construction project", the governmental agency shall, prior to seeking a permit from the Building Official and/or the Zoning Administrator, submit a detailed description of the project, including cost information establishing that the total project costs exceed $1,000,000.00, to the Downtown Planning Coordinator to establish that the project falls within this exception and to further establish that the project substantially complies with the intent of the Design Guidelines. Upon receipt of the application, the Downtown Planning Coordinator shall then certify that the project falls within this exception and further certify, by submitting findings of fact that the project substantially complies with the intent of the Design Guidelines. Such certification shall be made part of the public record and shall be forwarded to the City Attorney, City Manager, Design Review Board Chair and Mayor and City Council. Upon approval of said submission, the Downtown Planning Coordinator shall issue a Certificate certifying that the project falls within the exception created herein and authorizing the Building Official and/or the Zoning Administrator to issue required permits without a Certificate of Appropriateness.
3. Criteria for Issuance. In considering the issue of appropriateness of a particular project, the Design Review Board shall be guided by the design guidelines, which are incorporated by reference in this Unified Development Ordinance. (See Division 4-16.3, Downtown Design Districts Site Development Guidelines)
4. Submittal Requirements.
  1. An application for a Certificate of Appropriateness shall be obtained from the Director. When completed, the application must be filed with the Director, acting as the Downtown Planning Coordinator.
  2. The Board shall, in its Rules of Procedure, require such data and information as is reasonable and necessary to determine the nature of the application. An application shall not be considered complete until the required data has been submitted.
  3. The application must be signed by the owner, or an authorized representative. Upon deliberation, the application form must be signed by the chairman or vice-chairman of the Design Review Board stating its approval, approval with conditions, or denial of the application, and stating the reasons for the decision. Action may be deferred by the Design Review Board to the next monthly meeting, but only upon concurrence of the owner/developer/agent.
Certificate of Appropriateness for Historically Designated Properties outside of Downtown.
1. Actions Requiring a Certificate of Appropriateness. For a designated historic property outside of Downtown, an application must be submitted to the Design Review Board through the Director. A Certificate of Appropriateness shall be issued before a building permit can be issued for the demolition, new construction, exterior alteration, modification or addition to a designated historic property.
2. Maintenance, Repair, and Interior Projects. Nothing in this Unified Development Ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures designated as historic when that repair does not involve a change in design, material, color, or outer appearance of the structure. The Board shall not consider the arrangements or alterations to the interior of a building unless the interior of a public building or the public space of a private building is specifically described and designated as historic. The Board may authorize the Director to approve minor projects involving repairs and ordinary maintenance that do not alter design, materials, color, or the outer appearance of a structure or interior projects not subject to design review.
3. Criteria for Issuance. In considering the issue of historical appropriateness of a particular project, the Design Review Board shall be guided by the design guidelines set out in Division 4-16.2, Development Standards for Historically Designated Properties.
4. Submittal Requirements.
  1. An application for a Certificate of Appropriateness shall be obtained from the Director. When completed, the application must be filed with the Director.
  2. The Board shall, in its Rules of Procedure, require such data and information as is reasonable and necessary to determine the nature of the application. An application shall not be considered complete until the required data has been submitted.
  3. The Board shall review the application to make findings of fact to decide whether or not the applicant’s plans are appropriate. The decision of the Board, along with the reasons for each decision, will be recorded in the minutes and will be available upon request as a public reference for preservation procedures.
  4. The application must be signed by the owner, or an authorized representative. Upon deliberation, the application form must be signed by the chairman or vice-chairman of the Design Review Board stating its approval, approval with conditions, or denial of the application, and stating the reasons for the decision. Action may be deferred by the Design Review Board to the next monthly meeting, but only upon concurrence of the owner/developer/agent.
  5. Upon receipt of the Certificate of Appropriateness, the owner or agent shall be granted six (6) months to obtain a building permit. If the owner or agent does not obtain a building permit within the allotted six (6) months, the owner or agent may request an extension from the Downtown Planning Coordinator for a period not to exceed six (6) months. The Certificate of Appropriateness shall remain valid in concurrence with an active building permit. Should the outlined work in the Certificate of Appropriateness not require a building permit the property owner or agent shall be given six (6) months from the date of issuance for completion of work as approved and outlined in the Certificate of Appropriateness. The Certificate of Appropriateness may be granted an extension by the Downtown Planning Coordinator upon request by the property owner or agent for a period not to exceed six (6) months. If the property owner or agent fails to initiate or complete work within the given time, the property owner or agent shall be required to re-submit an application for a Certificate of Appropriateness to the Downtown Planning Coordinator as prescribed in Section 2.9 Florence Downtown Overlay Districts.

Use Permits.

Permitted Special Exception Use Approval. Applications for permitted special exception uses shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. The zoning of the subject property as well as surrounding properties;
2. A full description of the intended use;
3. Existing and future uses of all abutting properties and the distances separating the proposed use from all abutting uses;
4. Lot area of the parcel proposed for the permitted special exception use;
5. Proposed floor area of the permitted special exception use; and
6. Photographs of all existing structures; and
7. A site plan showing:
  1. Location, dimensions, and heights of all freestanding and wall signage;
  2. Location, type, and screening details of all proposed outdoor storage areas;
  3. Location of all parking area and the proposed site access and circulation;
  4. Locations of all bufferyards with an indication of whether each is a required or additional buffer;
  5. Elevation drawings of all proposed structures, including a description of existing and proposed building materials and colors.

Map and Text Amendments.

Zone Change. Applications for zone changes from one zoning district to another shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. An existing boundary map;
2. The proposed change to the boundary map;
3. Existing zoning of lot and adjacent properties; and
4. Reasons for the change.
Text Amendment. Petitions for amendments to this Unified Development Ordinance shall be made by or to the Director. The City Council and any body that is described in Article 20, Administrative Bodies, may initiate an amendment by motion. The following information is required, unless deemed unnecessary by the Director:
1. A copy of the Articles, Divisions, or Sections for which an amendment is requested or proposed;
2. A brief written report describing the nature and purpose of the requested or proposed change; and
3. A copy of the subject Articles, Divisions, or Sections with legislative formatting depicting the proposed changes, additions, or deletions to the text.

Historic Preservation.

City Designation of Historic Properties or Districts. The Design Review Board is required to maintain a local inventory of buildings, structures, objects, and sites that have been designated as historic by City Council as set out in Section 6-20.2.3, Florence Design Review Board. The Design Review Board is required to review applications and make recommendations for historic designation(s) to the City Council. Such designation(s) require identification of the Official Zoning Map, which constitutes a zone change. The submittal contents required for designation of historic properties and districts is the same as that for a zone change, as set out in Section 6-21.3.1, Submittal Requirements, Subsection E., Map and Text Amendments.
Certificate of Historical Appropriateness. A public hearing is required when an application for a Certificate of Historical Appropriateness is considered by the Florence Design Review Board. The submittal contents required for issuance of a Certificate of Historical Appropriateness are the same as that set out in Section 6-21.3.1, Submittal Requirements, Subsection C., Design Review.

Variances and Appeals.

Variance. Applications for variances shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. Nature of the variance;
2. Evidence of unnecessary hardship; and
3. Necessity of variance.
Minor Adjustment. Applications for minor adjustments from the development standards of this Unified Development Ordinance shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. Nature of the minor adjustment;
2. Evidence of unnecessary hardship; and
3. Necessity of a minor adjustment.
Administrative Appeal. Applications for administrative appeals of a decision of City staff shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. Nature of the appeal regarding the interpretation or enforcement of this Unified Development Ordinance by City staff; and
2. Reason for the administrative appeal and the requested relief of the interpretation or enforcement.
Appeal to City Council. Applications for appeals to the City Council of a decision of the Planning Commission or Florence Design Review Board shall be on a form approved by the Director. The following information is required, unless deemed unnecessary by the Director:
1. Nature of the appeal regarding a decision of the Planning Commission or Florence Design Review Board; and
2. Reason for the appeal and the requested relief of the decision of the Planning Commission or Florence Design Review Board.

Effective on: 1/1/1901

Sec. 6-21.5.1 Procedure for Review of Applications

Effective on: 1/1/1901

Sec. 6-21.5.2 Pre-Application Conference

Meeting Materials.

The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
1. The location of the project;
2. The proposed uses (in general terms);
3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
4. The relationship to existing development;
5. The presence of natural resources, open water, floodplains, and floodways on the parcel proposed for development;
The responsible official may request additional information prior or subsequent to the meeting.

Authority of Director.

The Director may establish a regular schedule for conducting pre-application conferences.
The Director may provide for conducting pre-application conferences in person, by telephone, or by internet-based conferencing.
The Director may waive a pre-application conference if the Director and the applicant agree that such conference is unnecessary to serve the purposes set out in Subsection A., above.

Effective on: 1/1/1901

Sec. 6-21.5.3 Application

Forms.

The responsible official shall promulgate and periodically revise forms for each type of application required by this Unified Development Ordinance.
Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
1. The evaluation of applications for compliance with the standards of this Unified Development Ordinance; and
2. The administration of this Unified Development Ordinance.

Schedule. The responsible official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:

The schedule is posted at City Center and on the City's web site; and
The schedule provides for applications to be submitted:
1. At least once per week for applications listed in Section 6-21.1.2, Administrative Permits, except use, building, and occupancy permits, which shall not be limited to certain days.
2. At least twice per month for applications listed in Section 6-21.1.3, Public Meeting Approvals.
The schedule does not restrict the timing of notices of appeal.

Effective on: 1/1/1901

Sec. 6-21.5.4 Fees

Relationship to Application. No application shall be eligible to be determined complete until all application fees are paid in full, including escrow fees.

No Refunds. Once an application has been reviewed and determined complete, pursuant to Section 6-21.5.5, Application Completeness Review, the fee is non-refundable.

Effective on: 1/1/1901

Sec. 6-21.5.5 Application Completeness Review

General. Within five business days after an application is submitted, the responsible official shall review the application to verify that it is complete.

Incomplete Applications.

Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted to complete the application.
No application that does not include the applicable processing fee shall be considered complete.

Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.

Effective on: 1/1/1901

Sec. 6-21.5.6 Staff Review and Referral

If the application is for an administrative permit, shall approve, approve with conditions, or deny the application.
If the application is for a public meeting approval, shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval.

Recommended Revisions.

The Director, or other responsible official, shall provide comments from City Staff to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Section 6-21.5.7, Termination of Inactive Applications.
The resubmittal shall not require an application fee unless both of the following conditions are met:
1. The revisions are inappropriate or incomplete; and
2. Repeated failure to address comments requires more than three rounds of revisions.

Meeting Logistics.

If the application is for a public meeting approval, the Director shall set the application on the next available agenda of the next body that will consider the application, consistent with the legal requirements for public notice, if any.
The Director shall coordinate with decision-making bodies to fix reasonable times for hearings.
The Director shall notify the applicant regarding the time and place of the public hearing(s).

Effective on: 1/1/1901

Sec. 6-21.5.7 Termination of Inactive Applications

Expiration of Inactive Applications.

When an action by the applicant is required for further processing of an application (for example, submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:
1. The applicant fails to take action; or
2. The applicant fails to request an extension of time pursuant to Subsection C., below.
When an action by the applicant is required for further processing of an application for sketch plan or final plat approval, the application shall become void 30 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.
No refunds of application fees will be issued to applicants whose applications expire pursuant to this Subsection.

Effective on: 1/1/1901

Sec. 6-21.5.8 Additional Recommendations

Effective on: 1/1/1901

Sec. 6-21.5.9 Public Notice

Table 6-21.5.9 Required Notice
Type of Application	Posted Notice	Publication Notice	Mailed Notice
General Notice Requirements (Section 6-29-760, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.)	Conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.	At least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.	At least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
Use Permits
Permitted Special Exception Use Permit	Required	Required	Required
Text and Map Amendments
Zone Change	Required	Required	Required
Text Amendment	Not Required	Required	Not Required
Historic Conservation
City Designation of Historic Properties or Districts	Required	Required	Required
Certificate of Historical Appropriateness	Required	Required	Required
Variances and Appeals
Variance	Required	Required	Not Required
Appeals	Not Required	Required	Not Required

Table 6-21.5.9 Required Notice
Type of Application	Posted Notice	Publication Notice	Mailed Notice
General Notice Requirements (Section 6-29-760, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.)	Conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.	At least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.	At least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
Use Permits
Permitted Special Exception Use Permit	Required	Required	Required
Text and Map Amendments
Zone Change	Required	Required	Required
Text Amendment	Not Required	Required	Not Required
Historic Conservation
City Designation of Historic Properties or Districts	Required	Required	Required
Certificate of Historical Appropriateness	Required	Required	Required
Variances and Appeals
Variance	Required	Required	Not Required
Appeals	Not Required	Required	Not Required

Table 6-21.5.9 Required Notice
Type of Application	Posted Notice	Publication Notice	Mailed Notice
General Notice Requirements (Section 6-29-760, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.)	Conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.	At least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.	At least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
Use Permits
Permitted Special Exception Use Permit	Required	Required	Required
Text and Map Amendments
Zone Change	Required	Required	Required
Text Amendment	Not Required	Required	Not Required
Historic Conservation
City Designation of Historic Properties or Districts	Required	Required	Required
Certificate of Historical Appropriateness	Required	Required	Required
Variances and Appeals
Variance	Required	Required	Not Required
Appeals	Not Required	Required	Not Required

Table 6-21.5.9 Required Notice
Type of Application	Posted Notice	Publication Notice	Mailed Notice
General Notice Requirements (Section 6-29-760, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.)	Conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.	At least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county.	At least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
Use Permits
Permitted Special Exception Use Permit	Required	Required	Required
Text and Map Amendments
Zone Change	Required	Required	Required
Text Amendment	Not Required	Required	Not Required
Historic Conservation
City Designation of Historic Properties or Districts	Required	Required	Required
Certificate of Historical Appropriateness	Required	Required	Required
Variances and Appeals
Variance	Required	Required	Not Required
Appeals	Not Required	Required	Not Required

Computation of Time. In computing the time periods for providing notice pursuant to this Section, the day of mailing, publication, or posting shall not be counted, but the day of the hearing shall be counted.
Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or location map that are not substantial with respect to the general location of the property, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct City staff to make a formal finding as to whether there was substantial compliance with the notice requirements of this Unified Development Ordinance, and such finding shall be made available to the decision-making body at the same meeting or prior to final action on the request.

Effective on: 1/1/1901

Sec. 6-21.5.10 Public Meetings and Hearings

Public Hearings.

Procedures. Boards, Councils, and Commissions will adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure.
1. Any person may appear at a public hearing, submit evidence, and be heard.
2. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.
3. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
4. Citizens, applicants, and the City have the right to present expert witnesses.
5. The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
Representation. Persons appearing before a Board, Council, or Commission may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the City, Board, Council, or Commission.
Quorum. The number of members of a Board, Council, or Commission that is required in order to constitute a quorum is set out in the applicable Division of Article 20, Administrative Bodies.
Decisions.
1. Except where this Unified Development Ordinance or state statutes provides otherwise, official action requires the favorable vote of a majority of a quorum present.
2. An affirmative vote of two-thirds of the Board of Zoning Appeals members present and voting is required, consistent with Section 6-29-800, Chapter 29, South Carolina Local Government Comprehensive Planning Enabling Act of 1994.
3. Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote.
Time Limitations for Decisions.
1. For zone change (rezoning) applications, if the Planning Commission does not provide a recommendation to the City Council within 45 days after the public hearing, the Planning Commission shall either request and receive an extension from the City Council or make a final report to the City Council. If no extension is granted or no final report is made within the 45 day period, then the proposed amendment shall proceed to the City Council as a final report with no recommendation.
2. For sketch plans and final plat appeals, the Planning Commission shall take official action regarding the sketch plan (approval, approval with required changes, or disapproval) during the meeting at which it is presented, or within seven calendar days of such Planning Commission meeting, unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
Conditions of Approval. Some procedures set forth in this Unified Development Ordinance authorize the decision-making body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize, or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the comprehensive plan and this Unified Development Ordinance. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development or shall carry out the general purpose and intent of the comprehensive plan and this Unified Development Ordinance. No conditions of approval, except for those attached to variance or minor adjustment approvals, shall be less restrictive than the requirements of this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-21.5.11 Continuances and Withdrawal

Generally. Consideration of applications may be continued, or applications withdrawn, as provided in this Section.

Continuances.

Request or Motion to Continue. Consideration of an application may be continued upon motion of the Board, Council, or Commission or upon request of the applicant before a decision is made on the application.
Period of Continuation. Should any item before a Board, Council, or Commission be tabled in anticipation of information or events to occur prior to rendering a decision, such tabling shall be for no longer than the second meeting following the meeting at which the item was tabled.
Decision Required.
1. If at the conclusion of the continuation period the item under consideration remains in the same or unchanged state or condition as existed when the item was initially tabled, the item shall be removed from the table, and shall either be approved based on the available information or shall be disapproved.
2. If the item before the Planning Commission was a sketch plan or final plat appeal, the decision to approve or deny the plat shall be made within seven calendar days of such Planning Commission meeting, unless the subdivider/developer consents in writing to an extension of this time limit.

Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceedings before the recommendation or decision is made.

Effective on: 1/1/1901

Sec. 6-21.5.12 Effect of Approval

Effective on: 1/1/1901

Sec. 6-21.5.13 Successive Applications

Generally. Six months shall elapse between the date an application is denied by the approving body and the date a substantially similar application is filed.
Certificates of Appropriateness. One year shall elapse between the date an application is denied and the date a substantially similar application is filed.
Zone Changes. Zone change (rezoning) applications follow the general rule of Subsection B.1., above, except that if substantially similar zone change applications are denied twice, two years shall elapse from the last date of denial before a new substantially similar application is accepted for processing.

An approved amendment to the Comprehensive Plan or this Unified Development Ordinance would potentially allow for the application to be processed to approval;
Changed conditions justify the waiver (e.g., the proposed use requires spacing from another use, and the other use moves away, or infrastructure was not sufficient to support the proposed development, but has since been improved); or
The City Council finds that there was an error in the processing of the application that could not have been remedied by administrative appeal (successive applications shall not be used as a substitute for an appeal if an appeal could be used to resolve an allegation of error).

Effective on: 1/1/1901

Sec. 6-21.6.1 Certificate of Zoning Compliance

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection A., Use Permits.

Decision. The Director shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.6.2 Certificate of Zoning Compliance - Conditional Use

Generally. Conditional use permits are required as a precondition to establishment of a conditional use, and to changes in use to a conditional use.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection A., Use Permits.

Decision. The Director shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.6.3 Temporary Use Permit

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection A., Use Permits.

Decision. The Director shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.6.4 Minor Changes to a Planned Development Site Plan

Generally. The Director is authorized to approve minor modifications to Planned Developments in accordance with this Section.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection B., Plans and Plats.

Development density and intensity have not materially changed, in that:
1. The number of buildings is not increased by more than 10 percent.
2. The height of the building(s) is the same or less.
3. The number of units is the same or fewer.
4. The aggregate lot coverage and floor area ratio are the same or less.
5. Density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area ratio is not changed.
Design has not materially changed, in that:
1. The roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans.
2. The parking area is in the same general location and configuration.
3. The building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for detached single family development, lot line, townhouse and cluster development may be decreased, provided that such decrease is limited such that the resulting setback distance will be the greater of either:
  1. The zoning district regulations, or
  2. Any condition or restrictive covenant regulating the setback for which a substantial compliance determination is sought.
4. The landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect.
5. The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved.
6. Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans.
7. Recreational facilities either remain the same or are converted from one recreational use to another.
8. Recreational facilities may be added.
The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the Unified Development Ordinance that were not previously approved at a public hearing, or of expanding the scope of existing variances or other approvals such that they would differ to a greater degree from the strict application of the Unified Development Ordinance.

Criteria. In reaching a decision as to whether the change will require the governing authority's approval, the Director shall use the following criteria:

Any increase in intensity or use shall constitute a modification requiring a Planning Commission recommendation and City Council approval. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in the number of dwelling or lodging units, or an increase in the amount of outside land area devoted to sales, displays, or demonstrations.
Any change greater than 10 percent in parking areas resulting in an increase or reduction in the number of spaces approved shall constitute a change requiring a Planning Commission recommendation and City Council approval.
Structural alterations significantly affecting the basic size, form, style, and location of a building, as shown on the approved plan, shall be considered a change requiring a Planning Commission recommendation and City Council approval.
Any reduction in the amount of open space or bufferyard, or any change in the location or characteristics of open space, shall constitute a change requiring a Planning Commission recommendation and City Council approval.
Any change in use from one use group to another shall constitute a change requiring a Planning Commission recommendation and City Council approval.
Any change in pedestrian or vehicular access or circulation shall constitute a change requiring a Planning Commission recommendation and City Council approval.

Decision.

The Director shall approve, approve with conditions, or deny the application.
The Director may refer the application to the Planning Commission if the Director finds that the proposed development entails a significant change in the planned development site plan.

Effective on: 1/1/1901

Sec. 6-21.6.5 Development Plan

Generally. Development plans are required for submittal upon review by City staff and approval by the Planning Commission of a sketch plan.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection B., Plans and Plats.

Procedure.

Review and Comment Process.
1. Upon receipt of a development plan submittal, the Director shall determine if the development plan is in conformity with the approved sketch plan.
2. If the Director determines that the development plan is not in conformity with a previously approved sketch plan, the subdivider/developer must:
  1. Revise the development plan so that it conforms with the approved sketch plan and then re-submit; or
  2. Return to the sketch plan submittal and review process to get an approved sketch plan that incorporates the desired changes.
3. If the Director determines that the development plan is in conformity with an approved sketch plan, the development plan shall be forwarded to the appropriate agencies or departments for review.
4. The following entities are responsible for reviewing the development plan, determining if it is in conformity with applicable codes and ordinances, and submitting written statements of conformity or non-conformity to the Director within 20 calendar days of when the subdivider/developer submitted the development plan:
  1. City of Florence Public Works and Utilities Department; and
  2. City of Florence Fire Department.
5. The following entities are provided with a copy of the development plan for review only. However, they have the opportunity to comment with 20 calendar days of when the development plan was submitted, if necessary:
  1. Cablevision company;
  2. Gas company;
  3. Power and light company; and
  4. Telephone company.
6. Upon receipt of signed written statements of conformity or non-conformity from the reviewing agencies listed above, the Director will either:
  1. Approve the development plan;
  2. Disapprove the development plan; or
  3. Approve the development plan pending required changes.
7. The Director shall notify the subdivider/developer of such action in writing within 30 calendar days of the development plan submittal.
Subsequent to Development Plan Approval.
1. Upon approval of the development plan or approval with required changes, and subsequent written notification to the subdivider/developer by the Planning Commission staff, the subdivider/developer is authorized to proceed with construction of the required improvements under supervision of the engineer of record.
  1. The Director shall maintain the official stamped and approved development plans.
  2. All approved construction plans shall be stapled together and must be reproducible.
  3. The phasing of development shall be agreed upon by the reviewing agencies and the subdivider/developer. The development plan shall indicate such phasing.
2. Official action by the Planning Commission during one of its meetings is not required if the development plan is approved by the Director.
Disapproval and Appeals.
1. Based on statements from the reviewing agencies, the Director may disapprove the development plan, or approve the development plan pending required changes. The subdivider/developer can accept the ruling or appeal the ruling to the Planning Commission. The subdivider/developer may also appeal to the Planning Commission if the Director does not approve or disapprove the development plan within 30 calendar days.
2. If the subdivider/developer defers the right of appeal and elects to modify a nonconforming development plan and re-submit, the development plan process must re-start by submitting a revised development plan submittal package.
3. If the subdivider/developer elects to appeal the Director’s decision, or appeal because of failure of the Director to approve or disapprove the development plan within 30 calendar days, he must submit a letter to the chairperson of the Planning Commission requesting placement on the Planning Commission’s agenda.
  1. To place the development plan appeal on the Planning Commission’s meeting agenda, the referenced project must have met all project submittal requirements.
  2. The appeal letter must be received by the chairperson of the Planning Commission at least 15 days prior to the Planning Commission meeting during which the subdivider/developer would like to present the development plan for official action.
  3. The appeal letter must outline and document the reasons and facts as to why the subdivider/developer feels that the development plan conforms to all applicable codes and ordinances.
  4. A pre-meeting conference attended by the subdivider/developer, at least one member of the Planning Commission, and the Director, or an appointee, must be held prior to the meeting during which the Planning Commission is scheduled to take action regarding the appeal. It shall be the responsibility of the Director to schedule this pre-meeting appeal conference. Failure of the subdivider/developer to attend the pre-meeting conference shall result in removal of the appeal from the Planning Commission agenda.
Official Action of the Planning Commission.
1. Official action by the Planning Commission regarding the development plan is required only in the event of an appeal.
2. If official action by the Planning Commission is required as the result of an appeal, then the Planning Commission shall either:
  1. Approve the development plan;
  2. Approve the development plan with required changes; or
  3. Issue final disapproval of the development plan during the meeting at which it is presented, or within seven calendar days of the Planning Commission meeting unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
3. If the Planning Commission issues final disapproval of a development plan following an appeal, the subdivider/developer will be required to restart the development plan submittal and review process if there is an intention to proceed with the project. However, final disapproval by the Planning Commission does not supersede the subdivider’s/developer’s right to appeal as defined in the 1994 Planning Enabling Act.
4. If the Planning Commission approves the development plan following an appeal, or if the Planning Commission fails to take action within the specified or agreed upon time limit, the subdivider/developer is authorized to proceed with construction of the required improvements under supervision of the engineer of record.
  1. The Director shall maintain the official stamped and approved development plans.
  2. All approved construction plans shall be stapled together and must be reproducible.
  3. The phasing of development shall be agreed upon by the reviewing agencies and the subdivider/developer. The development plan shall indicate such phasing.
5. Pertinent comments and recommendations shall be noted in the minutes of the Planning Commission meeting. The subdivider/developer shall be provided with a copy of the meeting minutes upon request.
6. It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies. However, the Planning Commission may seek to bring agreement in cases of conflicts between one or more reviewing agencies and the subdivider/developer.
Installation of Improvements.
1. After development plan approval, the subdivider/developer may install all required improvements, or use any of the alternate techniques specified in Division 4-14.4, Subdivision Improvements and Guarantees, in lieu of completing all improvements in the area covered by the approved development plan, or any portion thereof, which is proposed for recording and developing at the time.
2. Prior to the granting of final plat approval by the Planning Commission, the City and the subdivider/developer shall agree upon a deadline for the completion of all required improvements as provided in Division 4-14.4, Subdivision Improvements and Guarantees.
3. Prior to final plat approval by the Planning Commission, the subdivider/developer shall complete, in a manner satisfactory to the City, all improvements required in this Unified Development Ordinance and specified in the approved development plan. Where applicable, such improvements shall be dedicated to the City.

Effective on: 1/1/1901

Sec. 6-21.6.6 Final Plat

Generally. Final plats are required for submittal upon review by City staff, approval of a sketch plan by the Planning Commission, and approval of a development plan by the Director.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection B., Plans and Plats.

Procedure.

Review and Comment Process.
1. Upon receipt of a final plat submittal, the Director shall determine if it is in conformity with the approved development plan.
2. If the Director determines that the final plat is not in conformity with a previously approved development plan, the final plat shall be rejected and returned to the applicant. The subdivider/developer must then either:
  1. Make the necessary physical changes so that it is in conformity with the approved development plan and then re-submit the revised final plat; or
  2. Return to the development plan submittal and review process in an attempt to obtain approval of a modified development plan that incorporates the changes.
3. If the Director determines that the final plat is in conformity with the approved development plan, then the final plat submittal shall be forwarded to the Director of Public Works and Utilities to determine (via inspections, review of certifications, etc.) whether the improvements shown on the development plan have been properly installed, and where applicable, have been approved and accepted by the City.
Acceptance and Approval.
1. If City staff determines that all of the improvements have been properly installed, City staff shall submit a signed and approved closeout document package to the Director stating that the improvements have been properly installed, inspected, approved, and accepted.
2. Upon receipt of the City staff’s approved closeout package, but no more than 14 calendar days after the date that the final plat was submitted by the subdivider/developer, the Director shall sign, date, and stamp the final plat as “Approved For Recording.” The approved final plat will then be made available to the subdivider/developer for recording in the office of the Florence County Clerk of Court.
3. Official action by the Planning Commission is not required if the final plat has been approved by the Director.

Effective on: 1/1/1901

Sec. 6-21.6.7 Summary Approval of Final Plat

Generally. Summary approval of a final plat may be accepted by the Director.

Application Requirements. See Section 6-21.5.1, Submittal Requirements, Subsection B., Plans and Plats.

Procedure. The Director shall receive the application and accept it or, upon discretion, schedule it for Planning Commission review.

Criteria. The Director shall accept summary approval of a final plat application if it meets all of the following criteria:

Summary approval of the final plat will not frustrate the implementation of the comprehensive plan (e.g., by encouraging sprawling development patterns or blocking access to a planned thoroughfare); and
The final plat complies with the applicable requirements of this Unified Development Ordinance.

Effective on: 1/15/2018

Sec. 6-21.6.8 Floodplain Development Permit

Application Requirements. See Section 6-21.3.1, Submittal Requirements, Subsection D., Environmental Permits.

The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The danger that materials may be swept onto other lands to the injury of others;
The compatibility of the proposed use with existing and anticipated development;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The costs of providing governmental service during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems;
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
The relationship of the proposed use to the comprehensive plan of that area.

Effective on: 1/1/1901

Sec. 6-21.6.9 Drainage Plan

Provide for the proper drainage of surface water of the development and the drainage area of which it is a part;
Permit the unimpeded flow of natural watercourses; and
Provide positive drainage away from on-site sewage disposal facilities.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection D., Environmental Permits.

Procedure.

A drainage study and report shall be prepared by a registered engineer engaged by the subdivider/developer. The study and report shall be submitted to the Director, together with an application and the fee established by the City Council.
The Director shall transmit the drainage study and report to the Director of Public Works and Utilities and other applicable review, approval, or implementing agencies.
Prior to authorization of any building permit by the codes enforcement division, the Director of Public Works and Utilities shall review and approve all such stream flow, runoff calculations, and drainage plans as may be required of a subdivider/developer under the provisions of this Unified Development Ordinance. The Director of Public Works and Utilities shall have final authority of engineer interpretations of all required 50-year and 100-year flood elevations necessary to this Unified Development Ordinance and shall report the findings to the Director, acting as the Floodplain Administrator for appropriate action.
Sufficient inspections shall be made to ensure compliance with the specifications set forth in this Unified Development Ordinance and other applicable regulations and ordinances. A registered engineer, employed by the subdivider/developer and approved by the Director of Public Works and Utilities, may certify in writing to the Director of Public Works and Utilities that such engineer has inspected each phase of the construction of the storm drainage improvements and certified that they meet the requirements and standards of this Unified Development Ordinance and all other applicable regulations and ordinances. The Director of Public Works and Utilities shall make a final inspection of the storm drainage improvements before accepting the improvements for dedication to the City for permanent maintenance.

Effective on: 1/1/1901

Sec. 6-21.6.10 Land Disturbance Permit; Level I and Level II SWPPP

Refer to Article 12, Storm Water Management, Drainage, and Flood Prevention.

Effective on: 1/1/1901

Sec. 6-21.6.11 Sign Permit

Effective on: 1/1/1901

Sec. 6-21.6.12 Certificate of Appropriateness in the Downtown Design Districts

Project Phasing. Certificates of Appropriateness may be issued for distinct and separate phases of an ongoing project.

Effective on: 1/1/1901

Sec. 6-21.6.13 Certificate of Completion

Effective on: 1/1/1901

Sec. 6-21.6.14 Design Review

Generally. Set out in Division 3-8.3, Special Building Standards is the following design standards:

Section 3-8.3.1, Single Family Attached and Multiplex Building Standards (including duplexes, triplexes, quadraplexes, and townhouse);
Section 3-8.3.2, Fueling Stations, Light Automobile Service, and Car Wash Building Standards;
Section 3-8.3.3, Sexually Oriented Business Building Standards; and
Section 3-8.3.4, Self-Storage Building Standards.

Review Criteria. The review criteria used to determine conformance with the standards of this Unified Development Ordinance shall include, but are not limited to, the following:

Site Design Standards:
1. Compatibility of the proposed use and building by consideration of its scale and massing in the context of adjacent, existing buildings;
2. Number, location, width, spacing, and surfacing of driveways;
3. Site standards set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards, as applicable;
4. Number, location, dimensions, and setbacks of the required on-site parking, subject to the standards of Article 9, Parking and Loading; and
5. Type, quantity, and placement of landscaping subject to the standards of Article 10, Landscaping and Buffering.
Building Design Standards:
1. Generally:
  1. Exterior wall and building trim materials and colors;
  2. Building wall design and articulation to address monotony and blank walls;
  3. Roof type and materials, including its pitch, Overhands, eave lines, and projections;
  4. Building massing including the lengths of uninterrupted wall planes and offsets that penetrate the roofline;
  5. Design of large buildings to appear as multiple structures through the use of varied roof forms, building projections, vertical or horizontal offsets, or architectural details;
  6. Building height and massing relative to abutting land uses and buildings;
  7. Exterior floor-to-floor height of each story and the delineations between individual floors;
  8. Building projections on the front facade below the eave line, which may consist of stoops, bay windows, covered porches, extruded entrances, or pedestrian arcades;
  9. Heights, widths, and materials of porches and arcade columns;
  10. Building wall articulations, which may include, among other treatments, a porch, stoop, balcony, windows and casings, cornices, lintels, columns, pilasters, etc.
  11. Details of front entrances;
  12. Fenestrations including the design and placement of doors and windows;
  13. Level of quality and architectural interest of buildings;
  14. Type, height, and style of building, site, and pedestrian lighting;
  15. Orientation of buildings and building features to the street, e.g. overhead doors;
  16. Location and screening treatments of ground, building, or roof-mounted mechanical and utility equipment;
  17. Other building form and design treatments as contextually appropriate.
2. Single Family Attached and Multiplex Units:
  1. Width, separation, and orientation of front-facing garage doors and the maximum percentage of the horizontal plane of the front building facade;
  2. Street-facing orientation and minimum distance between primary building entrances and the shelter of entrances by a front porch;
  3. Continuity and cohesiveness of the building architecture and its features and patterns with that of the adjacent buildings;
  4. Articulation of building facades for the purpose of creating visual interest and avoiding monotony;
  5. First floor elevations above the finished grade and foundation skirting treatments relative to those of the adjacent buildings;
  6. Sizes and locations of windows and their relative percentage of the front façade, together with their accentuations, e.g. shutters, awnings, or decorative framing; and
  7. Quality, sustainable finish materials of all building walls and roofs and their compatibility with that of the adjacent and surrounding buildings.

Effective on: 1/1/1901

Sec. 6-21.6.15 Building Permit

Generally. Procedure shall be according to the procedures set out in the applicable uniform building code.

Standards for Issuance. The Building Official issues building permits upon a finding that the proposed building or structure, or improvements to an existing building or structure, complies with:

Approved plans for development (e.g., site plans), or in the absence of a requirement for previously approved plans, this Unified Development Ordinance (including but not limited to setbacks, building coverage, height, and design); and
All applicable uniform building codes.

Decision. Decisions shall be rendered according to the procedures set out in the applicable uniform building code.

Effective on: 1/1/1901

Sec. 6-21.6.16 Occupancy Permit

Generally. Procedure shall be according to the procedures set out in the applicable uniform building code.

Certificates of occupancy shall be issued for buildings, structures, or parts thereof, or uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, comply with the provisions of this Unified Development Ordinance, the building code, approval conditions, and all other pertinent ordinances.
A temporary certificate of occupancy may be issued if weather does not permit installation of required landscaping. The Building Official may issue a temporary certificate of occupancy, provided that:
1. The temporary certificate of occupancy may be issued only after the building or structure is fully completed, safe, and ready for occupancy; and
2. The building, structure and/or lot are in conformity with the provisions of this Unified Development Ordinance, applicable building codes, approval conditions, and all other pertinent ordinances.
The Building Official may issue a partial certificate of occupancy for part of a building, structure, or lot prior to the occupancy of the entire building, structure, or lot, provided that such portions of the building, structure, or lot are in conformity with the provisions of this Unified Development Ordinance, applicable building codes, approval conditions, and all other pertinent ordinances. However, partial certificates of occupancy shall not be issued for single-family dwellings, duplexes, or twin homes.

Decision. Decisions shall be rendered according to the procedures set out in the applicable uniform building code.

Decisions shall be rendered according to the procedures set out in the applicable uniform building code.
If the Building Official refuses a certificate of occupancy for cause, the Building Official shall notify the applicant of the refusal and the cause.

Effective on: 1/1/1901

Sec. 6-21.7.1 Temporary Use Permit

Decision. The Planning Commission shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.7.2 Site Plan

Procedure.

Site plans that are not part of other application types are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.10, Public Meetings and Hearings. The application is decided by the Planning Commission after recommendation of the Director, pursuant to the provisions of Section 6-21.5.10, Public Meetings and Hearings.
Site plans that are part of other application types are processed according to the procedures for those applications.

Approval.

Criteria. Site plans shall be approved if it is demonstrated that they meet the applicable substantive requirements of this Unified Development Ordinance. Where the site plans are attached to other applications, the applications shall be conditioned upon implementation of the site plan.
Standards. A site plan must comply with all of the standards of this Unified Development Ordinance, guided by the following design policies:
1. Site plans shall be used to implement the physical design objectives of adopted subarea plans in a manner that is consistent with the standards of this Unified Development Ordinance.
2. The proposed site plan shall be designed to minimize impacts on the reasonable development expectations or the use and enjoyment of adjacent land or the public interest, consistent with the applicable standards of this Unified Development Ordinance.
3. The proposed site plan shall not materially and adversely affect the public health or safety through interpretations of the standards of this Unified Development Ordinance that do not give full effect to other provisions that would be protective to health and safety if applied.
4. The proposed site plan recognizes the limits of existing and planned infrastructure, by thorough examination of the availability and capacity of water, sewer, drainage, and transportation systems to serve present and future land uses.
5. The proposed site plan provides for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment.
6. The proposed site plan provides for efficient and adequate provision of public services and solid waste removal.
7. The proposed site plan protects public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.
8. The proposed site plan provides for accessibility within the proposed development and appropriate connectivity or buffering or both between the development and existing adjacent uses.
9. The proposed site plan minimizes disruptions to existing physiographic features, including vegetation, streams, lakes, soil types, and other relevant topographical elements.

Decision. The Planning Commission shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 6-21.7.3 Sketch Plan

Generally. Sketch plans are required for the obtaining approval of a subdivision of land within the territorial jurisdiction of the City of Florence.

Procedures.

Placement on Planning Commission Meeting Agenda. If the Director determines that the sketch plan conforms with all applicable standards of this Unified Development Ordinance and other applicable ordinances, or if the Director determines that the sketch plan will conform pending required minor changes or approvable variances, the subdivider/developer will be notified and the Director shall place the sketch plan on the agenda of an upcoming Planning Commission meeting so that official action can be taken.
Pre-meeting Conference.
1. The Director shall be available to meet with the subdivider/developer and his/her agent to discuss the project prior to the Planning Commission meeting for which it is scheduled.
2. It shall be the responsibility of the subdivider/developer to schedule the pre-meeting conference.
Public Statement of Sketch Plan Conformity. If the sketch plan conforms with all applicable standards of this Unified Development Ordinance and other applicable ordinances, the Director shall make a statement of conformity at the Planning Commission meeting during which the sketch plan is presented for official action.

Denial and Appeal.

Options of Subdivider/Developer. If the Director notifies the subdivider/developer that the sketch plan does not conform with applicable standards of this Unified Development Ordinance, or if the Director notifies the subdivider/developer that the sketch plan will conform pending required changes with which the subdivider/developer does not concur, then the subdivider/developer can either accept the ruling or appeal the ruling to the Planning Commission. The subdivider/developer may also appeal to the Planning Commission if the staff does not provide notification of conformity or non-conformity within 30 calendar days.
Modification of Sketch Plan. If the subdivider/developer defers the right of appeal and elects to modify a nonconforming sketch plan and re-submit, the subdivider/developer must restart the procedural steps by submitting a revised sketch plan package, including the payment of additional filing fees.
Appeal. If the subdivider/developer elects to appeal the Director’s decision or appeal because of the failure of the Director to provide notification within 30 calendar days, the subdivider/developer must submit a letter to the chairpersons of the Planning Commission requesting placement on the Planning Commission’s agenda.
1. To place the sketch plan appeal on the Planning Commission’s meeting agenda, the referenced project must have met all project submittal requirements.
2. The appeal letter must be received by the chairperson of the Planning Commission at least 15 days prior to the Planning Commission meeting during which the subdivider/developer would like the sketch plan to be presented for official action.
3. The appeal letter must outline and document the reasons and facts as to why the subdivider/developer believes that the sketch plan conforms to all applicable provisions of this Unified Development Ordinance.
4. A pre-meeting conference attended by the subdivider/developer, at least one member of the Planning Commission, and the Director, or an appointee, must be held prior to the meeting during which the Planning Commission is scheduled to take action regarding the appeal. It shall be the responsibility of the chairpersons of the Planning Commission to schedule this pre-meeting appeal conference. Failure of the subdivider/developer to attend the pre-meeting conference shall result in removal of the appeal from the Planning Commission agenda.

Official Action by the Planning Commission.

The Planning Commission shall take official action regarding the sketch plan (including approval, approval with required changes, or disapproval) during the meeting at which it is presented, or within seven calendar days of the Planning Commission meeting, unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
1. If the Planning Commission issues final disapproval of a sketch plan, the project will be closed and the subdivider/developer will be required to restart the procedural steps for any resubmittals, including the payment of additional filing fees, in order to proceed with the project. However, final disapproval by the Planning Commission does not supersede the subdivider/developer’s right to appeal as defined in the 1994 Planning Enabling Act.
2. If the Planning Commission approves the sketch plan, approves the sketch plan with required changes, or fails to take action within the specified or agreed upon time limit, the subdivider/developer has full authorization to proceed with preparation of a development plan that is in conformity with the approved sketch plan and any attached conditions.
3. All pertinent discussions shall be recorded in the Planning Commission’s meeting minutes. The subdivider/developer shall be provided with a copy of the meeting minutes for his/her records upon request.
It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies. However, the Planning Commission may seek to bring agreement in cases of conflicts between one or more reviewing agencies and the subdivider/developer.

Effective on: 1/1/1901

Sec. 6-21.7.4 Development Plan Appeal

Denial and Appeal.

Options of Subdivider/Developer. If the Director notifies the subdivider/developer that the development plan does not conform with the sketch plan or the applicable standards of this Unified Development Ordinance, or if the Director notifies the subdivider/developer that the development plan will conform pending required changes with which the subdivider/developer does not concur, then the subdivider/developer can either accept the ruling or appeal the ruling to the Planning Commission. The subdivider/developer may also appeal to the Planning Commission if the staff does approve or disapprove the development plan within 30 calendar days.
Modification of Development Plan. If the subdivider/developer defers the right of appeal and elects to modify a nonconforming development plan and resubmit, the development plan process must restart by submitting a revised development plan submittal package.
Appeal. If the subdivider/developer elects to appeal the Director’s decision, or appeal because of failure of the Director to approve or disapprove the development plan within 30 calendar days, the subdivider/developer must submit a letter to the chairperson of the Planning Commission requesting placement on the Planning Commission’s agenda.
1. To place the development plan appeal on the Planning Commission’s meeting agenda, the referenced project must have met all project submittal requirements.
2. The appeal letter must be received by the chairperson of the Planning Commission at least 15 days prior to the Planning Commission meeting during which the subdivider/developer would like to present the development plan for official action.
3. The appeal letter must outline and document the reasons and facts as to why the subdivider/developer believes that the development plan conforms to all applicable provisions of this Unified Development Ordinance.
4. A pre-meeting conference attended by the subdivider/developer, at least one member of the Planning Commission, and the Director, or an appointee, must be held prior to the meeting during which the Planning Commission is scheduled to take action regarding the appeal. It shall be the responsibility of the Director to schedule this pre-meeting appeal conference. Failure of the subdivider/developer to attend the pre-meeting conference shall result in removal of the appeal from the Planning Commission agenda.

Official Action of the Planning Commission.

Official action by the Planning Commission regarding the development plan is required only in the event of an appeal.
1. If official action by the Planning Commission is required as the result of an appeal, then the Planning Commission shall either:
  1. Approve the development plan;
  2. Approve the development plan with required changes; or
  3. Issue final disapproval of the development plan during the meeting at which it is presented, or within seven calendar days of the Planning Commission meeting unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
2. If the Planning Commission issues final disapproval of a development plan following an appeal, the subdivider/developer will be required to restart the development plan submittal and review process if there is an intention to proceed with the project. However, final disapproval by the Planning Commission does not supersede the subdivider’s/developer’s right to appeal as defined in the 1994 Planning Enabling Act.
3. If the Planning Commission approves the development plan following an appeal, or if the Planning Commission fails to take action within the specified or agreed upon time limit, the subdivider/developer is authorized to proceed with construction of the required improvements under supervision of the engineer of record.
  1. The Director shall maintain the official stamped and approved development plans.
  2. All approved construction plans shall be stapled together and must be reproducible.
  3. The phasing of development shall be agreed upon by the reviewing agencies and the subdivider/developer. The development plan shall indicate such phasing.
4. Pertinent comments and recommendations shall be noted in the minutes of the Planning Commission meeting. The subdivider/developer shall be provided with a copy of the meeting minutes upon request.
5. It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies. However, the Planning Commission may seek to bring agreement in cases of conflicts between one or more reviewing agencies and the subdivider/developer.

Effective on: 1/1/1901

Sec. 6-21.7.5 Final Plat Appeal

Rejection of Final Plat and Appeal.

Non-Acceptance and Rejection.
1. If City staff determines that all of the required improvements have not been properly installed, inspected, approved, and accepted, then City staff shall provide such written or verbal notification to the Director.
2. Upon receipt of City staff’s notification, but no more than 14 calendar days after the date that the final plat was submitted by the subdivider/developer, the Director shall reject the final plat submittal package and return it to the applicant, along with a cover letter stating the reasons for the rejection.
Options of Subdivider/Developer. Upon rejection of the final plat, the subdivider/developer can either accept the ruling or appeal the ruling to the Planning Commission. The subdivider/developer may also appeal to the Planning Commission if the Director does not approve or reject the final plat within 14 calendar days.
Acceptance of Ruling. If the subdivider/developer accepts the ruling, the required improvements must be completed and the final plat submittal and review process must be restarted.
Appeal. If the subdivider/developer elects to appeal the Director’s decision, or appeal because of failure of the Director to approve or reject the final plat within 14 calendar days, the subdivider/developer must submit a letter to the chairperson of the Planning Commission requesting placement on the Planning Commission’s agenda.
1. To place the final plat appeal on the Planning Commission’s meeting agenda, the referenced project must have met all project submittal requirements.
2. The appeal letter must be received by the chairperson of the Planning Commission at least 15 days prior to the Planning Commission meeting during which the subdivider/developer would like the final plat presented for official action.
3. The appeal letter must outline and document the reasons and facts as to why the subdivider/developer feels that the final plat should be approved.
4. A pre-meeting conference attended by the subdivider/developer, at least one member of the Planning Commission, and the Director, or an appointee, must be held prior to the meeting during which the Planning Commission is scheduled to take action regarding the appeal. It shall be the responsibility of the Director to schedule the pre-meeting conference. Failure of the subdivider/developer to attend the pre-meeting shall result in removal of the appeal from the Planning Commission agenda.

Official Action of the Planning Commission in the Event of a Final Plat Appeal.

Official action by the Planning Commission regarding the final plat is required only in the event of an appeal.
If official action by the Planning Commission is required as the result of an appeal, then the Planning Commission shall approve or reject the final plat during the meeting at which it is presented, or within seven calendar days of the Planning Commission meeting unless the subdivider/developer consents in writing to an extension of this time limit. The decision of the Planning Commission shall be final.
1. If the Planning Commission issues final rejection of a final plat following an appeal, the subdivider/developer must complete the required improvements and then re-start the final plat submittal and review process. However, final disapproval by the Planning Commission does not supersede the subdivider/developer’s right to appeal as defined in the 1994 Planning Enabling Act.
2. If the Planning Commission approves the final plat as the result of an appeal, or if the Planning Commission fails to take action within the specified or agreed upon time limit, the Director shall sign, date, and stamp the final plat as “Approved for Recording.” The approved final plat will then be made available to the subdivider/developer for recording in the office of the Florence County Clerk of Court.
3. Pertinent comments and recommendations regarding the appeal decision shall be noted in the minutes of the Planning Commission meeting. The subdivider/developer shall be provided with a copy of the meeting minutes upon request.
It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies. However, the Planning Commission may seek to bring agreement in cases of conflicts between one or more reviewing agencies and the subdivider/developer.

Effective on: 1/1/1901

Sec. 6-21.7.6 Petition to Designate Historic Properties or Districts

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review.

Standards for Designation. The standards for designation of historic properties are set out in Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review.

Procedure.

In designating a historic property, petitions or motions are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.10, Public Meetings and Hearings, and shall be referred for the recommendation of other departments and agencies, as applicable, and then decided by the Design Review Board as set out in Division 6-21.1, Determinations, Approvals, and Permits.
Generally, the following steps must be followed according to the general procedures of Division 6-21.5, Standardized Development Review Procedures:
1. The petition or motion is referred to the Director for review and recommendation.
2. Once the application is submitted and processed, the Florence Design Review Board shall conduct a public hearing whereas the owner, interested parties, or technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed property. Written notice shall be given and official signs shall be posted as is provided in Section 6-21.6.9, Public Notice. At the hearing, the Director shall make a presentation and make a recommendation to the Florence Design Review Board. Following the hearing and deliberation, the Florence Design Review Board shall forward a recommendation to the City Council.
3. Upon submission by the Florence Design Review Board, the City Council shall give notice and conduct its hearing on the proposed designation. Written notice shall be sent and official signs shall be posted in the same manner as for the Board's hearing. At the hearing, the Director shall present the Florence Design Review Board's recommendation.
Nominated Historic Properties. The City Council may, without a petition, when brought to its attention or on its own motion, consider, propose, and act to designate historic properties. In such a case, the City Council's approved motion to do so will substitute for the property owner's application referred to in Subsection B., above. All relevant procedures outlined in this Subsection shall be followed. However, no recommendation may be forwarded to the City Council unless the Florence Design Review Board's recommendation is supported by a two-thirds majority vote.

Decision.

The City Council shall approve or reject the petition or motion.
The City Council shall cause the designation to be recorded by the City Secretary in the Official Public Records of Real Property of Florence County, the tax records of the City of Florence and the Florence County Tax Assessor’s Office.

Effective on: 1/1/1901

Sec. 6-21.7.7 City Designation of Historic Properties or Districts

Generally. The procedures of this Section are used for the City Council, upon recommendation of the Design Review Board, to designate historic properties or districts.

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection F., Historic Conservation.

Initiation by Motion. The Design Review Board may review and recommend to the City Council the designation of historic properties or districts.

Procedure.

In designating a historic property or district, motions are processed according to the sequential steps Section 6-21.5.2, Pre-Application Conference through Section 6-21.5.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon recommendation of the Design Review Board.
Generally, the following steps must be followed according to the general procedures of Division 6-21.5, Standardized Development Review Procedures:
1. The motion is referred to the Director for review and recommendation.
2. Once the application is submitted and processed, the Design Review Board shall conduct a public hearing whereas the owner, interested parties, or technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed property or district. Written notice shall be given and official signs shall be posted as is provided in Section 6-21.5.9, Public Notice with the words, "NOTICE OF HISTORIC PROPERTY OR DISTRICT DESIGNATION." At the hearing, the Director shall make a presentation and make a recommendation to the Design Review Board. Following the hearing and deliberation, the Design Review Board shall forward a recommendation to the City Council.
3. Upon submission by the Design Review Board, the City Council shall give notice and conduct its hearing on the proposed property or district designation. Written notice shall be sent and official signs shall be posted in the same manner as for the Design Review Board's hearing. At the hearing, the Director shall present the Design Review Board's recommendation.

Decision.

The City Council shall approve or reject the motion.
The City Council shall cause the designation to be recorded by the City Secretary in the Official Public Records of Real Property of Florence County, the tax records of the City of Florence and the Florence County Tax Assessor's Office.

Effective on: 1/1/1901

Sec. 6-21.7.8 Nomination to the National Register of Historic Places

Application Requirements. See Section 6-21.4.1, Submittal Requirements, Subsection C., Design Review.

Procedure.

In nominating a property to the National Register of Historic Places, petitions or motions are processed according to the sequential steps set out in Section 6-21.5.2, Pre-Application Conference, through Section 6-21.5.6, Staff Review and Referral, and shall then be referred to the State Historic Preservation Office.
Generally, the following steps must be followed according to the general procedures of Division 6-21.5, Standardized Development Review Procedures:
1. The petition or motion is referred to the Director, acting as the Downtown Planning Coordinator, for review and recommendation.
2. Once the application for nomination is submitted and processed, the Florence Design Review Board shall conduct a public hearing whereas the owner, interested parties, or technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed property and its nomination to National Register of Historic Places. Written notice shall be given and official signs shall be posted as is provided in Section 6-21.5.9, Public Notice. At the hearing, the Director shall make a presentation and make a recommendation to the Florence Design Review Board. Following the hearing and deliberation, the Florence Design Review Board shall forward a recommendation to the State Historic Preservation Office for consideration at a meeting of the State Board of Review.

Effective on: 1/1/1901

Sec. 6-21.7.9 Certificate of Appropriateness in the Downtown Design Districts

Notice of Public Meeting or Hearing. The time and location of the public hearing shall be published and posted as set out in Section 6-21.5.9, Public Notice.

Recommendation and Decision.

The Director, acting as the Downtown Planning Coordinator, shall make a presentation at the scheduled meeting or hearing and render a recommendation to the Design Review Board. The applicant or his/her agent or representative shall attend the scheduled meeting or hearing to consider the application, otherwise the Design Review Board shall not take action, and the application will be deemed to be incomplete. The applicant's or his/her agent's or representative's failure to attend a second scheduled hearing shall be treated for all purposes as a withdrawal of the application.
The Design Review Board shall review the application, using the design guidelines referenced in Section 4-16.3.1, Guidelines, to make findings of fact to decide whether or not the applicant's plans are appropriate. The decision of the Design Review Board, along with the reasons for each decision, shall be recorded in the minutes and shall be available upon request as a public reference for conservation procedures.
The Design Review Board shall make its determination and forward notice of the same to the Director, acting as the Downtown Planning Coordinator, within 60 calendar days after receipt of a completed application, unless the Design Review Board schedules additional hearings, after the first is timely held, in which case the determination and notification shall be extended;
The Design Review Board may approve an application and condition such approval upon the applicant’s compliance with such revisions, stipulations, or requirements as the Design Review Board may find appropriate.

Within 10 days of receiving notice of the initial decision by the Design Review Board, the applicant must provide to the Director, acting as the Downtown Planning Coordinator, written Notice of Disagreement and Agreement to Mediate the issues.
Within 30 days of receiving said Notice of Disagreement, a mediation conference will be held regarding the issues with the following participants:
1. A mediator selected and supplied by the Downtown Redevelopment Corporation;
2. The applicant;
3. A member of the Design Review Board designated as its mediation representative by the chair of the Design Review Board; and
4. The Director, acting as the Downtown Planning Coordinator.
At the mediation conference, the parties will attempt to agree upon a solution to the issues regarding the issuance of a Certificate of Appropriateness. The mediator will make a written report outlining the results of the mediation to the Design Review Board, and consideration of the Certificate of Appropriateness in light of the results of the mediation will be placed on the agenda at the first monthly meeting following the mediation for final consideration by the Design Review Board.
The decision regarding the Certificate of Appropriateness by the Design Review Board after receiving the report from the mediator shall be the final decision of the Design Review Board.

Project Phasing. Certificates of Appropriateness may be issued for distinct and separate phases of an ongoing project.

Effective on: 1/1/1901

Sec. 6-21.7.10 Certificate of Appropriateness for Historically Designated Properties

The applicant and the owners of any property likely to be materially affected by the application shall be given written notice of the time and place of the meeting by regular mail sent at least 15 days before the meeting.
Written notices shall be sent and official signs shall be posted according to the standards set out in Section 6-21.5.9, Public Notice, with the words, "NOTICE OF APPLICATION FOR CERTIFICATE OF APPROPRIATENESS," with the number and location of said signs determined by the Director.

Recommendation and Decision.

The Director, acting as the Downtown Planning Coordinator, shall make a presentation at the scheduled meeting or hearing and render a recommendation to the Design Review Board. The applicant or his/her agent or representative shall attend the scheduled meeting or hearing to consider the application, otherwise the Design Review Board shall not take action, and the application will be deemed to be incomplete. The applicant's or his/her agent's or representative's failure to attend a second scheduled hearing shall be treated for all purposes as a withdrawal of the application.
The Design Review Board shall review the application, using the design guidelines, to make findings of fact to decide whether or not the applicant's plans are appropriate. The decision of the Design Review Board, along with the reasons for each decision, shall be recorded in the minutes and shall be available upon request as a public reference for preservation procedures.
The Design Review Board shall make its determination and forward notice of the same to the Director, acting as the Downtown Planning Coordinator, after receipt of a completed application, unless the Design Review Board schedules additional hearings, after the first is timely held, in which case the determination and notification shall be extended;
The Design Review Board may approve an application and condition such approval upon the applicant’s compliance with such revisions, stipulations, or requirements as the Design Review Board may find appropriate.

Denial and Substantial Hardship.

In the event a Certificate of Appropriateness is denied, the property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines for historic properties. Substantial hardship is to be considered by the Design Review Board where one or more of the following unusual and compelling circumstances exist:
1. The property cannot reasonably be maintained in the manner dictated by the Unified Development Ordinance;
2. There are no other reasonable means of saving the property from deterioration, or collapse; or
3. The property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.
The owner may be required to submit documents to show that the design guidelines cannot be complied with while earning a reasonable rate of return on investment in the property. Information required may include:
1. Costs of the proposed development with and without modification needed to comply with the design guidelines as determined by the Board,
2. Structural report and/or a feasibility report,
3. Market value of the property in its present condition and after completion of the proposed project,
4. Cost of the property, date purchased, relationship, if any, between seller and buyer, and terms of financing,
5. For the past two years, annual gross income from the property with operating and maintenance expenses, depreciation, and annual cash flow before and after debt service during that time, and
6. Other information considered necessary by the Board to determine whether or not the property may yield a reasonable return.

Project Phasing. Certificates of Appropriateness may be issued for distinct and separate phases of an ongoing project.

Effective on: 1/1/1901

Sec. 6-21.7.11 Permitted Special Exception Use Approval

The permitted special exception use shall not be of a type that would tend to undermine the implementation of an adopted plan that includes the parcel proposed for development.
The permitted special exception use shall be compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the planned or anticipated development or redevelopment trajectory.
There is no practicable alternative location where the use is permitted as-of-right within 1,000 feet of the parcel proposed for development, or, if such a location exists, the proposed location is more favorable in terms of:
1. Providing a needed community service;
2. Providing a critical mass of jobs that are likely to pay more than the median wages for the region;
3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; or
4. Making more efficient use of public infrastructure, such as off-peak street capacity.
The approval of the permitted special exception use will not create a critical mass of similar permitted special exception uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
The permitted special exception use and any conditions of development shall adequately protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.
The permitted special exception use will not use an unfairly disproportionate share of public services that would compromise the delivery of those services to other uses in the vicinity. Applicable public services include, but are not limited to, utilities, police protection, fire protection, schools, parks, and libraries.

Additional landscaping or buffering, or landscaping improvements;
Building or façade improvements;
Specification of hours of operation;
Limitations on the use or related activities;
Noise abatement measures;
Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
Measures to control, mitigate, or direct traffic;
Parking, loading, and site circulation adjustments;
Restrictions on outdoor displays, sales, or storage;
Standards and assurances regarding the maintenance of property;
Restrictions on signage that relate only to the sign structure, materials, lighting, placement, size, or type, but not to the content of messages displayed (unless such messages are not protected speech); and
An expiration date for the permit, before which the permit must be renewed in order for the permitted special exception use to continue to operate.

Annotation of Official Zoning Map. If the application is approved, the Official Zoning Map shall be annotated to reference the approval by case number.

Effective on: 1/15/2018

Sec. 6-21.7.12 Zone Change

Generally. The boundaries of any zoning district in the City may be changed, or the zone classification of any parcel of land may be changed, as provided in this Section.

Initiation of Zone Change.

A zone change (rezoning) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, the Planning Commission, or by the Director. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Director, as set out in Section 6-21.4.1, Submittal Requirements, Subsection E., Map and Text Amendments.
The Director may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: traffic (trip generation), drainage, visual, aesthetic, and land use adjacency impacts, water and wastewater use and availability, and other information determined by the City as necessary to make an informed analysis and decision.

Criteria for Approval. The Planning Commission may recommend approval, and City Council may grant the approval of a zone change request if it is demonstrated that:

The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans;
The proposed zoning is consistent with the future land use plan of the Comprehensive Plan (a future land use plan amendment may be processed concurrently with the zone change);
The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;
The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this Unified Development Ordinance, including parking and buffering requirements; and
The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

A pre-application conference is required for an application for a zone change.
The period for completeness review is 20 days from the date of receipt of the rezoning application. If the Director requires additional information pursuant to Subsection B.2., above, the Director may retain the application and notify the applicant regarding the specific information requested.
The applicant shall provide the additional information within 25 days of the date of the Director's request. If the materials are not submitted within said time period, the application shall lapse.
The Planning Commission shall hold a public hearing on the proposed zone change and issue a final report to the City Council. The Planning Commission may defer its report for no longer than its next meeting to have an opportunity to consider revisions to the submittal that are requested from or volunteered by an applicant, which may have a direct bearing on the proposed zone change.
The Director shall forward the final report from the Planning Commission to the City Council with a recommendation.

Decision.

The City Council shall hold a public hearing on the proposed zone change and, at the close of the hearing shall, based upon the recommendations of the Director and/or Planning Commission, within 14 days:
1. Approve the zone change by ordinance;
2. Approve the zone change by ordinance with modifications;
3. Deny the zone change; or
4. Refer the proposed zone change back to the Planning Commission, to the Director, to a committee of the City Council, or to an ad hoc committee for further consideration.
The City Council shall support its decision with written findings of fact regarding the approval criteria in Subsection C., above.

Effective on: 1/1/1901

Sec. 6-21.7.13 Text Amendments

The proposed amendment will help to implement the adopted Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Plan when compared to the existing Unified Development Ordinance.
The proposed amendment is consistent with the stated purposes of this Unified Development Ordinance.
The proposed amendment will maintain or advance the public health, safety, or general welfare.
The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
The proposed amendment will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Staff Review. The Director shall review each proposed amendment in light of the approval criteria of Subsection C., above, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Director shall provide a report and recommendation to the Planning Commission.
Planning Commission Recommendation.
1. The Planning Commission shall hold a hearing on the proposed text amendment. Following the hearing, the Planning Commission shall make a final report to the City Council.
2. If no final report is made within 45 days of the Planning Commission's hearing, then the Planning Commission may request an extension of time from the City Council. Such request shall be within the 45-day period. If no final report is made and no extension is granted, the City Council may act on the proposed amendment without a recommendation from the Planning Commission.
3. Failure of the Planning Commission to issue a final report to the City Council shall be interpreted as a final report with no recommendation.
4. Upon receiving the report of the Planning Commission, the Director shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration.
City Council Action. Upon receipt of the final report from the Planning Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment, based on the approval criteria in Subsection C., above. The City Council also may refer the proposed amendment back to the Planning Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).

Effective on: 1/1/1901

Sec. 6-21.7.14 Variance

Refer to Article 22, Variances, Appeals, and Interpretations.

Effective on: 1/1/1901

Sec. 6-21.7.15 Minor Adjustments

Refer to Article 22, Variances, Appeals, and Interpretations.

Effective on: 1/1/1901

Sec. 6-21.7.16 Administrative Appeal

Refer to Article 22, Variances, Appeals, and Interpretations.

Effective on: 1/1/1901

Sec. 6-21.7.17 Appeals to the City Council

Refer to Article 22, Variances, Appeals, and Interpretations.

Effective on: 1/1/1901

Sec. 6-22.1.1 Eligible Applicants

Eligibility. The following applicants may make application for variances and appeals to the standards, requirements, and terms of this Unified Development Ordinance:

Table 6-22.1.1 Eligible Applicants
Eligible Applicant	Variance	Appeal
Property Owner	Yes	Yes
Agent or Representative of Property Owner	Yes	Yes
Option Holder	No	No
Aggrieved Party	No	Yes
Director	No	Yes
Planning and Zoning Commission	No	No
City Council	No	No

Effective on: 1/1/1901

Sec. 6-22.1.2 Variances

Exceptions. Some variances are not within the jurisdiction of the Board of Zoning Appeals (BZA), and are therefore, not subject to this Section. These variances are:

Building code variances (variances to the requirements of adopted standardized building codes and amendments to such codes that are adopted by the City of Florence), which are subject to the requirements of Chapter 4, Buildings; Construction and Related Activities, Code of Ordinances, City of Florence, South Carolina, or where such Chapter is silent, the adopted standardized code.
Variances from the terms of one or more conditions of approval imposed by a development review body described in Article 20, Administrative Bodies. Modifications to conditions of approval shall be sought from the body that granted the approval.
Variances that would have the effect of making existing nonconforming or illegal construction (buildings and structures), site improvements, parking, or landscaping conforming. Nonconforming situations are subject to the requirements of Article 19, Nonconformities.
Adjustments to landscaping and parking requirements which may be authorized by the Planning Commission pursuant to Section 6-21.7.2, Site Plan, although deviations that are greater than those allowed by Section 6-22.1.3, Minor Adjustments, may be processed pursuant to this Section.
Variances to the City’s storm drainage and erosion and sediment control standards, which may be authorized by the Planning Commission.
1. The Planning Commission will not consider a variance unless specific reasons justifying the variance are provided by the applicant.
2. The City staff will conduct its review of the request for a variance within 10 working days from the receipt of the request, after which it will be approved or disapproved by the Planning Commission.
3. The Planning Commission may impose reasonable conditions, in its judgment, in order to justify a variance while still maintaining the intent, purposes, and objectives of this Unified Development Ordinance.

Prohibitions.

Variances shall not be used to allow a use in a zoning district in which the use is prohibited (variances to Division 1-2.7, Land Uses).
Variances shall not be used to modify any requirements that are set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards, with respect to an application for permitted special exception use approval.
State and/or federal laws and/or regulations may not be varied by the City unless such authority is expressly granted to the City.

Procedure. Variances are processed by the Board of Zoning Appeals as a public meeting approval. The Board of Zoning Appeals may approve, approve with conditions, or deny a variance.

The request for the variance is rooted in special conditions of the applicant's property that do not generally exist on other properties in the same zoning district;
Due to such special conditions, the literal enforcement of the strict terms of this Unified Development Ordinance would cause an unnecessary hardship on the applicant;
The variance is not contrary to the public interest, in that:
1. It does not allow applicants to frustrate the application of the Unified Development Ordinance for:
  1. Self-imposed hardships;
  2. Hardships based solely on financial considerations, convenience, or inconvenience; or
  3. Conditions that are alleged to be "special," but that are actually common to many properties within the same zoning district.
2. The variance will not have a detrimental impact upon:
  1. The current or future use of adjacent properties for purposes for which they are zoned;
  2. The economic welfare of the area in which the subject property is located;
  3. The flight operations of Florence Regional Airport;
  4. Public infrastructure or services; and
  5. Public health, safety, or welfare.
3. The degree of variance from this Unified Development Ordinance is the least that is necessary to grant relief from the identified unnecessary hardship.
4. The variance is not used to circumvent other procedures and standards of this Unified Development Ordinance that could be used for the same or comparable effect (e.g., if alternative development standards, alternative development patterns, or other flexible measures in this Unified Development Ordinance are available that would avoid or mitigate hardship without using a variance, then they must be used).
5. By granting the variance, the spirit of the Unified Development Ordinance is observed and substantial justice is done.

Criteria for Issuance of Variances within the Navigable Airspace of the Florence Regional Airport.

Initiation of Application. The variance process may be initiated by application of the property owner or upon the request of the Director, any City Council member, or may be included within an application for development approval.
Application Requirements.
1. The application for a variance shall be accompanied by a determination shall be made and provided by the Federal Aviation Administration (FAA) as to the effect of the requested variance on the operation of air navigation facilities and the safe and efficient use of navigable airspace.
2. No application for a variance to the requirements of this Unified Development Ordinance may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Airport Operator for advice as to the aeronautical effects of the variance. If the Airport Operator does not respond to the application within 15 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny the application for a variance.
Standards for Grant of Variance. The basis of the variance may be one or more of the following:
1. The terms of a variance shall observe the spirit of the regulations, secure public welfare and safety, and do substantial justice, and shall be limited to the extent necessary to prevent depriving the property owner of all reasonable use of the property.
2. Evidence of unique, unnecessary, or unreasonable hardships that would occur if the strict letter of the regulations were enforced, and that cannot be satisfactorily mitigated through other means, including an appropriate zone change (decision on variance may be postponed to allow for opportunity to process a zone change request or to pursue other mitigation efforts).
3. Evidence of irreversible reliance by the applicant on pre-existing terms and conditions of development orders that are applicable to the property.
4. Evidence from affected public entities that the failure to obtain a variance is likely to result in a default in the repayment of bonded indebtedness.
5. Evidence of marginal benefit to the public health safety and welfare that would result by the strict enforcement of the regulations that is out of proportion to the magnitude of the burdens imposed on the property owner.
Conditions of Variance. Any permit or variance granted, if such action is deemed advisable to effectuate the purpose of this Unified Development Ordinance and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure in question to install, operate, and maintain at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration (FAA), the South Carolina Aeronautics Commission, and the Airport Operator.

1. Historic Structures - Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

1. Functionally Dependant Uses – Variances may be issued for development necessary for the conduct of a functionally dependant use, provided the criteria of this Article are met, no reasonable alternative exist, and the development is protected by methods that minimize flood damage and create no additional threat to public safety.

1. Agricultural Structures - Variances may be issued to wet floodproof an agricultural structure provided it is used solely for agricultural purposes. In order to minimize flood damages during the base flood and the threat to public health and safety, the structure must meet all of the conditions and considerations of Number 6 (Floodways) of this section and the following standards:

1. 1. Use of the structure must be limited to agricultural purposes as listed below:

1. 1. 1. Pole frame buildings with open or closed sides used exclusively for the storage of farm machinery and equipment,

1. 1. 1. Steel grain bins and steel frame corncribs,

1. 1. 1. General-purpose barns for the temporary feeding of livestock that are open on at least one side;

1. 1. 1. For livestock confinement buildings, poultry houses, dairy operations, and similar livestock operations, variances may not be issued for structures that were substantially damaged. New construction or substantial improvement of such structures must meet the elevation requirements of Section 4-12.6.3.2.b of this ordinance; and,

1. 1. The agricultural structure must be built or rebuilt, in the case of an existing building that is substantially damaged, with flood-resistant materials for the exterior and interior building components and elements below the base flood elevation.

1. 1. The agricultural structure must be adequately anchored to prevent flotation, collapse, or lateral movement. All of the structure's components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, hydrodynamic, and debris impact forces. Where flood velocities exceed 5 feet per second, fast-flowing floodwaters can exert considerable pressure on the building's enclosure walls or foundation walls.

1. 1. The agricultural structure must meet the venting requirement of Section 4.12.6.3.2.d of this ordinance.

1. 1. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation (BFE), plus any required freeboard, or be contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 4-12.6.3.1.e of this ordinance

1. 1. The agricultural structure must comply with the floodway encroachment provisions of Section 4-12.6.3.2.e of this ordinance.

1. 1. Major equipment, machinery, or other contents must be protected. Such protection may include protective watertight floodproofed areas within the building, the use of equipment hoists for readily elevating contents, permanently elevating contents on pedestals or shelves above the base flood elevation, or determining that property owners can safely remove contents without risk to lives and that the contents will be located to a specified site out of the floodplain.

1. Considerations - In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:

1. 1. The danger that materials may be swept onto other lands to the injury of others;

1. 1. The danger to life and property due to flooding or erosion damage, and the safety of access to the property in times of flood for ordinary and emergency vehicles;

1. 1. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

1. 1. The importance of the services provided by the proposed facility to the community;

1. 1. The necessity to the facility of a waterfront location, where applicable;

1. 1. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

1. 1. The compatibility of the proposed use with existing and anticipated development, and the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

1. 1. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

1. 1. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges; and

1. 1. Agricultural structures must be located in wide, expansive floodplain areas, where no other alternative location for the agricultural structure exists. The applicant must demonstrate that the entire farm acreage, consisting of a contiguous parcel of land on which the structure is to be located, must be in the Special Flood Hazard Area and no other alternative locations for the structure are available.

1. Findings - Findings listed above shall be submitted to the appeal board, in writing, and included in the application for a variance. Additionally, comments from the Department of Natural Resources, Land, Water and Conservation Division, State Coordinator's Office, must be taken into account and included in the permit file.

1. Floodways - Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result unless a CLOMR is obtained prior to issuance of the variance. In order to ensure the project is built in compliance with the CLOMR for which the variance is granted the applicant must provide a bond for 100% of the cost to perform the development.

1. Conditions - Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. The following conditions shall apply to all variances:

1. 1. Variances may not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.

1. 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

1. 1. Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

1. 1. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk. Such notification shall be maintained with a record of all variance actions.

1. 1. The local floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) upon request.

1. 1. Variances shall not be issued for unpermitted development or other development that is not in compliance with the provisions of this ordinance. Violations must be corrected in accordance with Section 4-12.6.2.3.e of this ordinance.

Reports to the City Council. When an application for a variance is denied for failure to meet the requirement of "special conditions", then the Board of Zoning Appeals shall report to the City Council as to whether it is appropriate and reasonably practicable to formulate a general regulation for such conditions or situations, and amend the Unified Development Ordinance accordingly.
Notification. All applicants requesting a variance from the provisions of this Unified Development Ordinance shall be notified in writing of the final action taken by the authorized governmental authority.
Timing. An approved amendment by the City Council to the text or map shall become effective immediately after such adoption. Any amendment to the Official Zoning Map shall be made by the Director, or an appointee, within seven days thereafter.
Order to Issue Permit. An approved variance shall be accompanied by an order of the Zoning Board of Appeals to direct the issuance of a permit.
Annotation and Recording. Variance approvals shall be recorded by the Director at the applicant's expense. Upon recording, the Director shall annotate the Official Zoning Map with the case number of the variance.

Effective on: 1/15/2018

Sec. 6-22.1.3 Minor Adjustments

The requested deviation is consistent with the stated purposes of this Unified Development Ordinance;
The requested deviation meets all other applicable building and safety codes;
The requested deviation does not encroach into a recorded easement or cross a building line;
The requested deviation continues to advance the welfare of the area and the City.
The requested deviation will have no adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated; and
The requested deviation is necessary to either:
1. Compensate for some practical difficulty or some unusual aspect of the site of the proposed development not shared by landowners in general; or
2. Accommodate an alternative or innovative design practice that achieves to the same or better degree the objective of the existing design standard to be considered.

Limitations and Prohibitions.

The Planning Commission shall only approve minor adjustments for landscaping and parking standards.
In no circumstance shall the following be considered as a minor deviation:
1. A change in permitted uses or mix of uses;
2. A change in the boundaries of a zoning district reflected on the Official Zoning Map;
3. To extend physically a nonconforming use of land;
4. A building height that encroaches into a height hazard zone of the airport unless otherwise approved.
5. A deviation from the limited or permitted special exception use standards set out in Division 1-2.8, Conditional and Permitted Special Exception Use Standards.
6. A change in conditions attached to the approval of any plat, plan or permit; or
7. Any decision by the Board of Zoning Appeals.

Annotation. Staff shall specify any approved minor deviations and the justifications for such deviations on the plan, plat, or permit for which the deviations were sought.

Effective on: 1/1/1901

Sec. 6-22.1.4 Appeals; Economic Hardship Waiver for Certificates of Appropriateness

Generally. The relief available in this Section is intended only for applicants whose applications for a certificate of appropriateness are denied.

Appraisal of the property by a licensed real estate appraiser;
Estimated costs for appropriate rehabilitation prepared by a licensed architect or engineer with experience in historic preservation;
Documentation of consideration of alternative uses for the property; and
Documentation of public advertisement to solicit a buyer willing to appropriately rehabilitate the property.

Standards for Approval of Waiver. Applicants for economic hardship waivers must prove with adequate and sufficient documentary and other evidence, that:

The owner cannot make reasonable beneficial use of or, for income-producing properties, the property is not capable of yielding a reasonable return, regardless of whether that return represents the most profitable return possible;
Reasonable efforts to find a party interested in acquiring the property and preserving it have failed; and
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would render it capable of yielding a reasonable return.

Waiver Procedures.

The Design Review Board shall hold a public hearing on the hardship waiver application no later than the second regular Design Review Board meeting from the date the completed application is received by the Director.
The applicant shall be given written notice of the time and place of the meeting by regular mail sent at least five business days before the meeting to the address on the application.
Published and posted notice with the words, “NOTICE OF HARDSHIP APPLICATION FOR WAIVER OF CERTIFICATE OF APPROPRIATENESS” are required according to the standards of Section 6-21.5.9, Public Notice, with the number and location of signs to be determined by the Director.
Following the hearing the Design Review Board shall decide whether to grant or deny the hardship application.
In the event the Design Review Board does not act within 120 calendar days of the receipt of the application, the hardship application shall be deemed approved and a certificate of appropriateness granted.

Effective on: 1/1/1901

Sec. 6-22.1.5 Administrative Appeals

Generally. Appeals from decisions of City Staff are heard by the Board of Zoning Appeals as provided in Subsection C., below.

The action by the administrative officer is dispositive with respect to the application or a material part of it;
There is no other specific appellate procedure provided for the application type in this Unified Development Ordinance or in South Carolina law; and
The administrative appeals process is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, or to seek relief from an enforcement action.

Filing of Appeal; Automatic Stay. An appeal may be brought by any person or entity that is aggrieved by the decision appealed from, as follows:

A complete application for an appeal, including required fees, shall be filed with the Director within 10 days of the date of the decision appealed. No appeal will be heard if the application is untimely.
The filing of an appeal shall stay all proceedings and further actions by both parties in furtherance of the contested action, unless the Director certifies to the Board of Zoning Appeals that, in his/her opinion by reason of facts stated in the certification, such a stay could cause imminent peril to life and/or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Zoning Appeals or by a court of law on notice to the administrative official from whom the appeal is taken, with due cause shown.
Upon a finding that the application is complete, the Director shall schedule the appeal for consideration at a hearing before the Board of Zoning Appeals. The Director and/or the administrative officer from whom the appeal is taken shall transmit all applications and other records pertaining to such appeal to the Board of Zoning Appeals.

Hearing.

Upon receiving the application materials from the Director, the Board of Zoning Appeals shall hold a hearing on the appeal and conduct a hearing in accordance with rules and procedures adopted by the Board.
The burden of proof shall rest with the appellant.

Effective on: 1/1/1901

Sec. 6-22.1.6 Appeals to City Council

Generally. Appeals from decisions of the Design Review Board and the Planning Commission are heard by the City Council as provided in Subsection C., below.

The action is dispositive with respect to the application or a material part of it;
The appeal is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, or to seek relief from an enforcement action.

Filing of Appeal; Automatic Stay. An appeal may be brought by any person or entity that is aggrieved by the decision appealed, as follows:

A complete application for an appeal, including required fees, shall be filed with the Director within 10 days of the date of the decision appealed from. No appeal will be heard if the application is untimely.
The filing of an appeal shall stay all proceedings and further actions by both parties in furtherance of the contested action, unless the Director certifies to the City Council that, in his or her opinion by reason of facts stated in the certification, such a stay could cause imminent peril to life and/or property. In such case, proceedings shall not be stayed except by a restraining order granted by the City Council or by a court of law on notice to the Director, with due cause shown.
Upon a finding that the application is complete, the Director shall schedule the appeal for consideration at a hearing before the City Council. The Director shall transmit all applications and other records pertaining to such appeal to the City Council.

Hearing.

Upon receiving the application materials from the Director, the City Council shall hold a public hearing on the appeal.
The burden of proof shall rest with the appellant.

Effective on: 1/1/1901

Sec. 6-22.1.7 Interpretations

Applicability. This Section applies to any request to interpret a provision of this Unified Development Ordinance.

Application Fee.

It is the intent of the City Council that this Unified Development Ordinance be accessible and clear to the residents, business owners, and landowners in the City, and that the spirit of Title 30, Public Records, Chapter 4, Freedom of Information Act of the South Carolina Code of Laws be observed. As such, City Staff will provide:
1. General information to residents, business owners, and landowners with respect to the zoning districts that apply to property;
2. References to the standards that may be applied to individual uses or buildings; and
3. Requested public records that are related to the administration and enforcement of this Unified Development Ordinance.
It is not the intent of the City Council that the Director affirmatively evaluate the full development potential of individual properties or resolve other such detailed inquiries about specific properties or issues without a pending application.
Within these guidelines, the Director is authorized to waive the application fee for specific inquiries that do not involve material time commitments or copying costs, and to charge an hourly research fee for broad inquires that are likely to involve material time commitments. Such fee shall be according to a fee schedule promulgated by City Council resolution.

Application Requirements.

Applications for interpretations shall be submitted on a form approved by the Director.
The applicant shall cite the code provision for which interpretation is sought, a description of a hypothetical situation or scenario to which the application of this Unified Development Ordinance is in question, and a statement of the nature of the interpretation sought.

Standards for Interpretations. The interpretation shall be based on:

The materials or scenario posed by the applicant;
The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster's Third New International Dictionary or other current and authoritative dictionaries;
The purpose statement for the Unified Development Ordinance Section that is subject to interpretation;
Any other provision of the Comprehensive Plan, the Florence Code of Ordinances, State law, or Federal law that are related to the same subject matter;
Any technical meanings of the words used in the provision subject to interpretation;
Other interpretations rendered by the City relating to the same or related provisions of this Unified Development Ordinance;
The consequences of the interpretation;
The legislative history;
The problem or issue that is addressed by the provision subject to interpretation; and
Sources outside of the Unified Development Ordinance provision that provide a related source for the definition, such as technical or professional literature.

Recordkeeping. The Director shall keep records of interpretations made pursuant to this Section.

Effective on: 1/1/1901

Sec. 6-23.1.1 Purpose and Application

Enforcement Official. The provisions of this Unified Development Ordinance shall be administered and enforced by the City Manager or such other person(s) as may be designated by the City Manager.

Effective on: 1/1/1901

Sec. 6-23.1.2 Violations

Violations. Each of the following activities shall constitute a violation of this Unified Development Ordinance:

Any erection, construction, reconstruction, remodeling, alteration, expansion, movement, or use of any building, structure, or sign, or development or subdivision of any land, or in contravention of any provision of this Unified Development Ordinance or any regulation promulgated under this Unified Development Ordinance or Code of Ordinances.
Failure to perform maintenance that is required by this Unified Development Ordinance or conditions of development approval.
Any activity, lack of required activity, or inactivity in violation of provisions of this Unified Development Ordinance where compliance is or was required for an existing or established or proposed use of land.
Any development, use, construction, remodeling, or other activity in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity, whether issued under or required by this Unified Development Ordinance. By way of example and not limitation:
1. Increasing the density or intensity of any use of any land or structure except in accordance with the requirements of this Unified Development Ordinance or State law;
2. Filing or recording of a subdivision plat in any public office without approval for recording pursuant to this Unified Development Ordinance;
3. Storage, display, or maintenance of goods, materials, products, or other items outside and in plain view including, but not limited to operable vehicles or equipment, or abandoned vehicles, except in compliance with this Unified Development Ordinance;
4. Reduction or diminishment of lot area, setbacks, vegetation, or open space below the minimum requirements set forth in this Unified Development Ordinance or as otherwise approved;
5. Lack of maintenance, damage to, or removal of vegetation in a manner that is inconsistent with this Unified Development Ordinance and not exempt from its application;
6. Creation, expansion, replacement, or change of a nonconformity in a manner that is inconsistent with this Unified Development Ordinance and all other applicable regulations;
7. Failure to remove any sign or sign support, in whole or in part installed, created, erected, or maintained in violation of this Unified Development Ordinance or other codes of the City, or for which a permit has lapsed, or is nonconforming and where action on the nonconformity is required under this Unified Development Ordinance or by an Ordinance of the City;
8. Failure to remove a temporary use once authorization for the temporary use under this Unified Development Ordinance and all other applicable regulations has expired or lapsed;
9. Failure of land uses that existed prior to adoption of this Unified Development Ordinance to comply with provisions of this Unified Development Ordinance where such compliance is required;
10. Failure of a property owners' association to construct, improve, or maintain any amenity, landscaping, buffers, walls or fencing, or other improvements as required by the terms of any permit or approval; and
11. Failure to maintain required stormwater detention, parking, signage, sidewalks, loading, landscaping, screening, fencing or bufferyards as set forth in this Unified Development Ordinance.

Effective on: 1/1/1901

Sec. 6-23.1.3 Enforcement

Generally. The City may enforce the provisions of this Unified Development Ordinance as set out in this Division, or as otherwise authorized by law.

Correction of Violation.

For a first violation, the person responsible for the violation shall have a period of no more than 15 days to correct the violation.
For a subsequent or continued violation, the person responsible for the violation shall correct the violation within 24 hours.
Any violation that creates an immediate danger to the public safety shall be corrected immediately, regardless of whether it is a first violation, a continuing violation, or a subsequent violation.

Records. The Director shall maintain a record of all complaints of violations of this Unified Development Ordinance, including how they were resolved.

Effective on: 1/1/1901

Sec. 6-23.1.4 Enforcement of Stormwater Pollution Prevention Provisions

Referral to Department of Health and Environmental Control.

The City may, in addition to its enforcement options, refer a site violation to the Department of Health and Environmental Control (DHEC) for review. Referral of a site violation to DHEC may initiate a DHEC construction inspection of the site to verify site conditions. That construction inspection may result in the following actions:
1. Notification through appropriate means to the person engaged in a land disturbing activity to comply with the approved plan within a specified time frame; and
2. Notification of plan inadequacy, with a time frame for the person engaged in a land disturbing activity to submit a revised stormwater pollution prevention plan (SWPPP) to the City and to receive its approval with respect thereto.
Failure of the person engaged in the land disturbing activity to comply with DHEC requirements may result in the following actions in addition to other penalties as provided in Chapter 14 of Title 48 of the Code of Laws of South Carolina, 1976, as amended.
1. DHEC may direct the City to order any person violating any provision of Chapter 14 and/or the Unified Development Ordinance regulations to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order.
2. DHEC may direct the City to refrain from issuing any further building or land disturbance permits to the person having outstanding violations until those violations have been remedied.
3. DHEC may recommend fines to be levied by the City.

Stop Work Orders. The City may utilize "stop work orders" as a part of its inspection and enforcement program in accordance with the following procedures:

The City may issue a stop work order if it is found that a land disturbing activity is being conducted in violation of this Article or of any regulation adopted or order issued pursuant to, in connection with or otherwise related to this Article and that either:
1. Off-site sedimentation resulting from noncompliance with the approved stormwater pollution prevention plan (SWPPP) has eliminated or severely degraded a use in a lake or natural waterway or that such degradation is imminent.
2. Off-site sedimentation resulting from noncompliance with the approved stormwater pollution prevention plan (SWPPP) has caused severe damage to adjacent land.
3. The land disturbing activity is being conducted without the required approved plan.
4. Sediment leaving a site is entering a "common" stormwater control/conveyance device(s) and is restricting design capacity flow.
The stop work order shall be in writing and shall state what work is to be stopped and/or what measures are required to abate the violation. The order shall include a statement of the findings made by the City pursuant to Subsection 1., above, and shall list the conditions under which work may be resumed. The delivery of equipment and material which does not contribute to the violation may continue while the stop work order is in effect. A copy of this Section shall be attached to the order.
The stop work order shall be served by a City person duly authorized by the City Manager, or other person authorized by law to serve process. The stop work order shall be served on the permittee and/or any person the City has reason to believe is responsible for the violation. The person serving process shall post a copy of the stop work order in a conspicuous place at the site of the land disturbing activity.
The directives of a stop work order become effective upon service of the order. Thereafter, any person notified of the stop work order who violated any of the directives set out in the order may be assessed a civil penalty as provided in Section 6-23.1.7, Judicial Remedies.
The City shall designate an employee to monitor compliance with the stop work order. The name of the employee so designated shall be included in the stop work order. The employee so designated shall rescind the stop work order if all the violations for which the stop work order are issued are corrected, no other violations have occurred, and all measures necessary to abate the violations have been taken.
The issuance of a stop work order shall be a final decision subject to judicial review in the same manner as an order in a contested case pursuant to Title 1, Chapter 23, Section 380 of the Code of Laws of South Carolina, 1976. The petition for judicial review shall be filed in the circuit court of the county in which the land disturbing activity is being conducted.

Effective on: 1/1/1901

Sec. 6-23.1.5 Immediate Enforcement Powers

Generally. The City may exercise any of the enforcement powers in this Section prior to initiating judicial process.

Withholding Permits.

No building permit or certificate of occupancy may be issued under this Unified Development Ordinance unless all structures and uses of land and structures permitted under the permit or certificate conform to this Unified Development Ordinance, the regulations promulgated under this Unified Development Ordinance, and the terms and conditions of any other permit issued under this Unified Development Ordinance that apply to the use, structure or land.
The City may deny or withhold all permits, approvals, or other forms of authorization on any land, building, or structure for which there is an uncorrected violation of a Section of this Unified Development Ordinance or of a condition of a permit, certificate, approval or other authorization previously granted by the City. In lieu of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected.

The stop-work order shall be in writing directed to the person on the site at that time most responsible for the work and/or activity, and shall specify the provisions of this Unified Development Ordinance or other law allegedly in violation, and the conditions for resuming work.
After any such order has been served, no work or activity upon the property shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.
The stop-work order shall also indicate that failure to comply with the order may subject the violator to civil and/or criminal liability as penalty for the violation(s), or for the disconnection or discontinuance of utilities needed to conduct business.
In order to enforce a stop-work order, the City may direct utilities to disconnect services. Once conditions are met and violations corrected, the Director shall instruct the utility to reconnect services. The property owner shall bear all expenses related to these actions.
Utilities shall not be disconnected unless the City delivers to the owner and person responsible for activities upon the property a notice of intent to disconnect after 10 days, in order to allow for arrangements to be made for food stuffs and other uses upon the property. This notice may be made at the time of notice of violation and/or any time between when the notice of violation was first issued and up to the expiration of compliance period.
Prior to rescinding a stop-work order, the affected property owner shall have paid to the City all due or delinquent taxes, fines, liens or other obligation.
Once conditions for resuming work have been met, the Director shall rescind the stop-work order.

Revocation of Permits and Approvals.

Revocation of Permits. Any permit, certificate of occupancy, or other approval required under this Unified Development Ordinance shall be revoked when it is determined that:
1. There is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval;
2. The permit or approval was procured by false representation;
3. The permit or approval was issued in error; or
4. There is a violation of any provision of this Unified Development Ordinance.
Notice and Opportunity to Correct. Written notice of revocation stating that such violation shall be corrected within 10 days shall be served upon the property owner, agent, applicant, or other person to whom the permit or approval was issued, or such notice may be posted in a prominent location at the place of violation.
Effect of Notice. No work or construction shall proceed after service of the revocation notice unless such work is to correct a violation.
Failure to Correct. If after the 10-day period, arrangements acceptable to the City have not been made, the Director shall:
1. File litigation in a court of competent jurisdiction; and/or
2. Remove or correct such violation and cause to be placed a lien upon the property and/or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.

Effective on: 1/1/1901

Sec. 6-23.1.6 Abatement

Allocation of Costs for Property Controlled by Property Owners' Associations. Where a property owner association is involved:

Expenses under Subsection E., above, shall be prorated among all lots and/or owners of lots within the subdivision.
Actions directed under this Section are considered delivered if they are addressed and sent to the responsible person(s) who are shown to be the responsible person(s) on the most recent information provided to the City.

Effective on: 1/1/1901

Sec. 6-23.1.7 Judicial Remedies

Injunctive Relief.

The City may seek injunctive relief or other appropriate relief in a court of competent jurisdiction against any person who fails to comply with any provision of this Unified Development Ordinance or any requirement or condition imposed pursuant to this Unified Development Ordinance or any violation to a uniform code or other policies of the City. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this Unified Development Ordinance or continued violation of this Unified Development Ordinance is, will or may be an injury to the public health, safety or general welfare; that the public health, safety or general welfare will or may be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation.
The City may seek an affirmative injunction to require the demolition or removal of a structure, or to allow the City to demolish or remove a structure and recover costs against the landowner, pursuant to the provisions of state law.

Effective on: 1/1/1901

Sec. 6-23.1.8 Special Provisions for Permitted Special Exception Uses

Generally. The provisions of this Section may be applied to enforce a Permitted Special Exception Use Permit.

Inspection. The City may:

Make inspections to determine compliance with the provisions of this Unified Development Ordinance and the permitted special exception use permit, and initiate appropriate action as necessary; and/or
Keep a record of complaints, indicating any action taken. These records shall be made available at the time of renewal of the permitted special exception use permit if there has been a time period placed on the permitted special exception use, or where the Board of Zoning Appeals has been requested to review the permitted special exception use for compliance.

The Director shall provide a notice of violation to the record owner of the property upon which a permitted special exception use is located, advising the owner that the use must be brought into compliance with specified Unified Development Ordinance Sections within 14 days from the date of the notice.
If total compliance has not occurred or a plan for compliance has not been submitted to the Director within 14 days from the date of notice, then the Director shall issue a cease-and-desist order and notify the record owner of a hearing date by the Board of Zoning Appeals to consider revocation of the Permitted Special Exception Use Permit.
The Board of Zoning Appeals shall revoke the Permitted Special Exception Use Permit if the use and/or property is/are not in total compliance. The Board of Zoning Appeals may grant up to a 14-day period for compliance. The Permitted Special Exception Use Permit shall remain in suspension and the cease-and-desist order shall remain in effect until total compliance is obtained.
At the end of a compliance period the Board of Zoning Appeals shall revoke the Permitted Special Exception Use Permit if total compliance has not been obtained.
If the use and property are brought into compliance, any further violation of terms of the Permitted Special Exception Use Permit within 90 days from the initial notice of violation are grounds for immediate revocation of the Permitted Special Exception Use Permit.
Revoked Permitted Special Exception Use Permits may only be reinstated by the City Council, which may impose conditions to ensure compliance.

Effective on: 1/1/1901

Sec. 6-23.1.9 Special Provisions for Historic Preservation

The affected property owner and all property owners of the affected historic district, as applicable, shall be given written notice of the time and place of the hearing by certified mail sent at least 10 business days before the meeting to the owner’s address of record.
Notice shall be provided by mail and posting as set out in Section 6-21.5.9, Public Notice, with the words, “NOTICE OF HEARING TO WITHDRAW HISTORIC DESIGNATION.” The number and location of posted signs shall be determined by the Design Review Board.
The Director, acting as the Downtown Planning Coordinator, shall make a presentation at the scheduled hearing and render a recommendation to the Design Review Board. The owner or owner’s agent or representative shall attend the scheduled hearing. In the event the owner or owner’s agent or representative fails to be present at the hearing the Design Review Board shall table the item. At any subsequent meeting and regardless of the absence of the owner or owner’s agent or representative, the Design Review Board may take action.
The Design Review Board shall consider a recommendation to withdrawal a designation if it finds that:
1. A designated historic district has failed to maintain the characteristics of which it was designated, or
2. A designated district of historic property has failed to maintain the specified criteria, or
3. Either such a district or property has failed to follow any relevant guidelines established by the City.
After the City Council receives the Design Review Board’s recommendation it shall provide notice by publication as provided in Section 6-21.5.9, Public Notice, conduct a public hearing during which the Director shall make a presentation and render the Design Review Board’s recommendation, and take action on the recommendation.

Effective on: 1/1/1901

Sec. 6-23.2.1 Severability

Signs. With respect to Part 5, Signs, the following severability provisions shall apply:

Interpretation; Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Unified Development Ordinance to the contrary, any sign erected pursuant to the provisions of this Unified Development Ordinance or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that:
1. The sign is not a prohibited sign or sign-type, and
2. The size, height, setback, and other dimensional criteria contained in this Unified Development Ordinance have been satisfied.
Severability, Generally. If any Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, or any other provision of this Unified Development Ordinance related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, or this Unified Development Ordinance.
Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection B.2., above, or elsewhere in this Section, this Unified Development Ordinance, or any adopting ordinance, if any Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, or any other provision of this Unified Development Ordinance related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of said Article or provision, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set forth above, if any Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Part, Article, Division, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Part 5, Signs, that pertains to prohibited signs or sign elements. It is the intent of the City Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Council to regulate signage in a manner that implements the purposes of Part 5, Signs, as expressed therein. The City finds that the purposes stated in Part 5, Signs, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by Part 5, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Council that only that portion of the provision that is found to relate to content be severed from this Unified Development Ordinance, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area.

Effective on: 1/1/1901

Sec. 6-23.2.2 Conflicting Provisions

Effective on: 1/1/1901

Sec. 6-23.2.3 Civil Liability

Effective on: 1/1/1901