The duly appointed building and zoning administrator, hereinafter referred to as the "administrator," is hereby given the authority to administer and enforce the provisions of this chapter.

(Ord. No. 01-05, § 46-31, 3-15-2005)

The duties of the zoning administrator include the following:

(1)

Acceptance and examination of all applications for construction, land use or reuse, and issuance of permits where such applications are found to be in accord with the provisions of this chapter and applicable building codes.

(2)

Directing parties in conflict with this chapter, cause to be kept records and files of any and all matters referred to him and to execute any and all reports as the planning commission, board of zoning appeals, city administrator and city council may require.

(3)

Interpretation of terms and provisions of this chapter.

(4)

Processing applications for appeals to the board of appeals.

(5)

Preparation of the record for appeal to circuit court.

(6)

Maintenance of a current zoning map, amendments to this chapter, and all public records related to zoning and planning.

(7)

Enforcement of this chapter, investigation and resolution of zoning complaints. If the administrator shall find that any one of the provisions of this chapter is being violated, he shall notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(8)

Provision of administrative assistance to the planning commission and the board of zoning appeals.

(9)

Such other duties as may be authorized.

(Ord. No. 01-05, § 46-32, 3-15-2005)

(a)

Permits required. No building, structure or sign requiring a permit or any part thereof shall be erected, added to or structurally altered, nor shall any excavation be commenced until a required building or sign permit has been issued. The provisions of this section shall not apply to the necessary construction, replacement or maintenance by a public utility of its outside plant facilities, including such items as poles, cross arms, guys, wire, cable and drops.

(b)

Application requirements for building permits. Each application for a permit for a building or structure shall be accompanied by the following, or as much thereof as the administrator shall find necessary, to determine whether the proposed building or use will be in compliance with the provisions of this chapter:

(1)

Assurances as to the acceptable performance of nonresidential uses, where applicable.

(2)

A plat and/or site plan with date and scale in duplicate, showing the actual shape and dimensions of the lot to be built upon; the exact size and location on the lot of existing buildings and structures and the lines within which the proposed building, structure or facilities are to be erected, altered or constructed; the existing and intended use of each building or part of a building; the number of families or housekeeping units the building is designed to accommodate; buffer areas; flood and wetland areas; proposed parking; building elevations; and such other information with regard to the lot and contiguous land uses as may be required by the administrator to determine compliance with and provide for the enforcement of this chapter.

One copy of the plans shall be returned to the applicant with the signed approval or disapproval of the administrator noted thereon within a reasonable time period.

(c)

Application requirements for sign permits. Each application to erect a sign, where a sign permit is required by this chapter, shall be accompanied by the following information:

(1)

Identification of ownership and/or leaseholder of property on which a sign is to be erected, including the street address.

(2)

Name and address of the owner of the sign.

(3)

Site plan sketch with dimensions (nonprofessionally drafted plan is acceptable) showing the location of the sign with respect to the property and right-of-way lines, building and setback lines, and any buildings, parking areas, existing freestanding signs and buffer areas.

(4)

Correct size, shape, configuration, face area, height, nature, number and type of sign to be erected.

(5)

The value of the sign and sign structure.

(6)

Certificate of appropriateness, if the sign is to be located in the HPO District.

(7)

The administrator may waive any of the above deemed unnecessary to process an application.

(d)

Expiration of building and sign permits. If the work described in any building or sign permit has not begun within six months from the date of issuance thereof, such permit shall expire. The administrator shall cancel it, and written notice shall be given to the persons affected.

(Ord. No. 01-05, § 46-33, 3-15-2005)

(a)

Certificate required. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or parts hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance has been issued by the administrator stating that the proposed use of the building or land conforms to the requirements of this chapter.

(b)

Nonconforming uses. Uses made nonconforming by this chapter may not continue without a certificate of zoning compliance, which shall state that the use or structure was in existence at the time of adoption or amendment of this chapter. The certificate shall specify the features that are nonconforming.

(c)

Application requirements for certificate of occupancy. Materials required for a building permit are on file in the building department and shall constitute the basis for compliance determination and the subsequent issuing of a certificate of occupancy.

(Ord. No. 01-05, § 46-34, 3-15-2005)

A fee to cover the administrative cost of issuing permits and certificates shall accompany all requests for such permits and certificates. The amount of the fee shall be determined by the mayor and council, a schedule of which shall be available at the office of the administrator.

(Ord. No. 01-05, § 46-35, 3-15-2005)

The administrator may make or require inspections of any construction to ascertain compliance with the provisions of this chapter and other laws, and to ascertain that such building or structure is constructed or erected as indicated on the approved permit application.

(Ord. No. 01-05, § 46-36, 3-15-2005)

Whenever a violation of this chapter occurs, or is alleged to have occurred, the administrator shall record and investigate such complaint, and take such action as provided by this chapter. Complaints may be filed in writing or verbally, stating fully the cause and basis thereof.

(Ord. No. 01-05, § 46-37, 3-15-2005)

Any of the following shall constitute a violation of this chapter:

(1)

To use or attempt to use land or building in any way inconsistent with the requirements of this chapter.

(2)

To erect or attempt to erect a building or other structure in any way inconsistent with the requirements of this chapter.

(3)

To install or use a sign in any way inconsistent with the requirements of this chapter.

(4)

To use land for any purpose other than as specifically identified on an approved site plan (e.g. using designated open space, off-street parking spaces or walkways for display or storage; parking in open space or buffer areas) or as otherwise required by this chapter.

(5)

To violate the terms of any approval or permit granted under this chapter, or any condition imposed on such approval or permit.

(6)

To continue any violation as defined above, with each day of continued violation to be considered a separate violation for purposes of computing cumulative civil or criminal penalties.

(Ord. No. 01-05, § 46-38, 3-15-2005)

A person violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined in accordance with section 1-9. Where any building, structure, or sign is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, sign, or land is or is proposed to be used in violation of this chapter, the administrator may in accord with the provisions of S.C. Code 1976, § 56-7-80 issue an ordinance summons, or institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; to correct or abate the violation or to prevent the occupancy of the building, structure, or land. Each day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues shall be deemed a separate offense.

(Ord. No. 01-05, § 46-39, 3-15-2005)

A planning commission for the city is hereby established under the provisions of the S.C. Code 1976, §§ 6-29-310 through 6-29-540, as amended.

(Ord. No. 01-05, § 46-56, 3-15-2005)

The planning commission shall have the powers and duties provided in S.C. Code 1976, § 6-29-310 et seq.

(Ord. No. 01-05, § 46-57, 3-15-2005)

(a)

The planning commission shall consist of nine members appointed by the mayor and city council for overlapping terms of four years. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the city.

(b)

To the extent possible, membership should be representative of the racial and gender composition of the city, and represent a broad cross section of interests and concerns. Additionally, the mayor and council should consider in the appointment of planning commission members their professional expertise, and knowledge of the community. No member shall be the holder of an elected public office in the city or county, except that one member may be a member of the board of appeals.

(c)

A vacancy in the membership shall be filled for the unexpired term in the same manner as the original appointment. Members shall serve until their successors are appointed and qualified.

(Ord. No. 01-05, § 46-58, 3-15-2005)

Members of the planning commission may be removed at any time by city council for cause. The existence of cause shall be discussed by the council in executive session as permitted by the Freedom of Information Act, S.C. Code 1976, § 30-4-70(a)(1), and the determination of removal shall be by vote in public session declaring a vacancy in the position without a statement of cause. Any fact, which, in the discretion of the council, is deemed to adversely affect the public interest, including lack of attendance at meetings, may constitute cause.

(Ord. No. 01-05, § 46-59, 3-15-2005)

The planning commission shall organize, elect officers, and adopt rules of procedure as required by S.C. Code 1976, § 6-29-360.

(Ord. No. 01-05, § 46-60, 3-15-2005)

A board of appeals is hereby established. Such board shall consist of five members, who shall be citizens of the city and shall be appointed by the mayor and city council for overlapping terms of four years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the board.

(Ord. No. 01-05, § 46-61, 3-15-2005)

(a)

Officers. The board of appeals shall elect a chairperson and a vice-chairperson from its members, who shall serve for one year, or until reelected, or until successors are elected. The board shall appoint a secretary, who may be a city officer or a member of the board of appeals.

(b)

Meetings. The board shall adopt rules and bylaws in accordance with S.C. Code 1976, § 6-7-740. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. All meetings of the board shall be open to the public.

(c)

Notice of meetings. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the county at least 15 days in advance of the scheduled hearing date, and posted on the bulletin board at the city's offices. Notice also shall be posted on the affected property, with at least one such notice being visible from each public thoroughfare that abuts the property. Written notice also shall be mailed to parties in interest. Notices of meetings other than hearings shall be posted on the administrative bulletin board at least 24 hours in advance, in accord with the South Carolina Freedom of Information Act.

(d)

Quorum. A majority of the members of the board shall constitute a quorum for the conduct of business.

(Ord. No. 01-05, § 46-62, 3-15-2005)

Members of the board of appeals may be removed at any time by city council for cause. The existence of cause shall be discussed by the council in executive session as permitted by the Freedom of Information Act, S.C. Code 1976, § 30-4-70(a)(1), and the determination of removal shall be by vote in public session declaring a vacancy in the position without a statement of cause. Any fact, which, in the discretion of the council, is deemed to adversely affect the public interest, including lack of attendance at meetings, may constitute cause.

(Ord. No. 01-05, § 46-63, 3-15-2005)

The board shall adopt rules for the conduct of business. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall be immediately filed in the office of the board and shall be public record. On all appeals, applications and matters brought before the board of appeals, the board shall inform in writing all the parties involved of its decisions and reasons for these decisions.

(Ord. No. 01-05, § 46-64, 3-15-2005)

(a)

It is the intention of this chapter that all questions arising in connection with the enforcement of the chapter shall be presented first to the administrator and that such questions shall be presented to the zoning board of appeals only on appeal from a decision of the administrator.

(b)

Appeals to the board may be taken by any person aggrieved or by an officer, department, board or bureau of the city. Such appeal shall be taken within 30 days from the date that the decision is rendered, as provided by the rules of the board, by filing with the administrator and with the zoning board of appeals notice of said appeal specifying the grounds thereof. The administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(c)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the board or by a court of record on application, on notice to the administrator and on due cause shown.

(d)

At the hearing any party may appear in person or by agent or attorney.

(Ord. No. 01-05, § 46-65, 3-15-2005)

The board of appeals shall have the following powers and duties:

(1)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrator in the enforcement of this chapter.

(2)

Authorize, upon appeal in specific cases, a variance from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter will, in an individual case, result in unnecessary hardship so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of appeals that:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

b.

The application of the chapter on this particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property;

c.

Such conditions are peculiar to the particular piece of property involved; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the chapter or the comprehensive plan; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district.

(Ord. No. 01-05, § 46-66, 3-15-2005)

(a)

In exercising the powers enumerated in section 44-128, the board of appeals may, in conformity with the provisions of state law, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination and, to that end, shall have the powers of the administrator from whom the appeal is taken and may issue or direct the issuance of a permit and or certificate. The board, in the execution of the duties for which appointed, may subpoena witnesses and, in case of contempt may certify such fact to the circuit court in and for the county.

(b)

All final decisions and orders of the board must be in writing and be permanently filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board, which must be delivered to parties of interest by certified mail.

(Ord. No. 01-05, § 46-67, 3-15-2005)

Any person who may have a substantial interest in any decision of the board of appeals may appeal any decision of the board to the circuit court in and for the county by filing with the clerk of such court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the decision of the board is rendered.

(Ord. No. 01-05, § 46-68, 3-15-2005)

(a)

To implement the provisions of this chapter, there is hereby established a Historic Preservation Commission, (HPC), hereinafter referred to as the "commission". The commission shall consist of seven members and one ex-officio member, executive director of the Main Street Laurens USA program.

(b)

If vacancy occurs on the commission due to resignation, removal, or for any reason, the mayor shall appoint a replacement within 60 days for the remainder of the un-expired term, subject to confirmation by the city council. The commission may submit nominees to fill vacancies.

(Ord. No. 01-05, § 46-69, 3-15-2005)

(a)

All members of the commission shall have a demonstrated interest in historic preservation, and if available in the community, should have at least one member who is qualified as an historian, knowledgeable in local history, and one member who is an architect or if an architect is not available to serve, someone knowledgeable in building design and construction.

(b)

A total of three members shall be persons who are knowledgeable in one or more of the following disciplines: archaeology, architecture, American history, urban planning, engineering, environment, law, banking, or real estate to the extent that such professionals are available.

(c)

Each voting member must have a demonstrated interest in or knowledge of the history of the city and design, architecture, real estate and other matters relevant to judging the economic and cultural value of particular historic preservation activities.

(d)

Commission members will be required to attend at least one training session per year, to be held during the regular meeting time and place, unless otherwise determined by the commission.

(e)

No members shall hold any other municipal office.

(Ord. No. 01-05, § 46-70, 3-15-2005)

(a)

The term of office for each member shall be three years. Any person who has served as a member of the commission for three consecutive terms shall not be eligible for reappointment for at least one year. A term of less than one year shall not be counted in determining eligibility for reappointment.

(b)

Place numbers one through seven shall identify commission members. Terms of office for members in the odd-numbered places shall expire in odd numbered years; terms for even-numbered members expire in even numbered years, provided, however, that each member shall serve until his successor is appointed and installed. Members shall assume their duties at the first regular meeting after their appointment. Members shall serve without compensation.

(c)

The commission shall elect from its members a chairperson and vice-chairperson, who shall serve for one year or until their successors are elected. No commissioner shall be elected chairperson or vice-chairperson for more than three consecutive terms. The commission shall appoint a secretary, who may be an officer, employee of the city or a member of the historic preservation commission.

(Ord. No. 01-05, § 46-71, 3-15-2005)

Any member of the commission may be removed by the mayor upon confirmation of the city council for repeated failure to attend meetings of the commission or for any other cause deemed sufficient by the mayor.

(Ord. No. 01-05, § 46-72, 3-15-2005)

(a)

Any member of the commission 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 commission shall be disqualified from participating in the decision of the commission concerning the property. This will not disqualify a member from voting on issues that would affect his personal or financial interest the same as other properties in the historic districts.

(b)

Any member of the commission acting within powers granted by the chapter shall be relieved from personal liability for any damage and held harmless by the city. Any suit brought against any member of the commission shall be defended by a legal representative, furnished by the city, until the termination of the proceedings.

(Ord. No. 01-05, § 46-73, 3-15-2005)

(a)

The commission shall adopt rules of procedure and make quarterly reports to the city council, citing applications brought before the commission and action taken. The commission shall keep minutes of its proceedings, showing the vote for each member upon each question, or, if absent or failing to vote, indicating that fact.

(b)

The commission shall announce and conduct public meetings quarterly or more often as needed. The commission chairperson may also call meetings when necessary.

(Ord. No. 01-05, § 46-74, 3-15-2005)

The commission has the following powers and duties:

(1)

To review and recommend the designation of individual historic properties and historic districts, and to review plans and applications for all construction within historic districts and construction or demolition pertaining to or affecting duly designated historic properties.

(2)

To approve, approve with modifications or deny approval of applications for historical preservation designations, in accordance with prescribed procedures and guidelines.

(3)

To maintain an inventory of buildings, structures, objects, and sites more than 50 years old, the records of which shall be available to the public.

(4)

To act on all certificates of appropriateness, and where approved by the commission, cause the issuance of such certificates.

(5)

To conduct first review and evaluation of all proposed nominations for the National Register of Historic Places, prior to consideration by the state commission of review. The commission may send their recommendations to the state historic preservation office for consideration at the meeting of the state commission of review. The commission shall not nominate properties directly to the National Register; only the state commission of review shall have this final review authority unless expressly authorized by federal statute.

(Ord. No. 01-05, § 46-75, 3-15-2005)

This chapter, including the official zoning map of the city, may be amended from time to time by the city council as specified in this division, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.

(Ord. No. 01-05, § 46-76, 3-15-2005)

When public necessity, convenience, general welfare or good zoning practice justify such action, and after the required review and report by the planning commission, the city council may undertake the necessary steps to amend this zoning chapter.

(Ord. No. 01-05, § 46-77, 3-15-2005)

Requests to amend this chapter shall be processed in accordance with the following requirements:

(1)

Initiation of amendment. A proposed amendment to this chapter may be initiated by the city council, the planning commission, administrator or by application filed with the administrator by the owner of the property proposed to be changed; provided, however, that action shall not be initiated for a zoning amendment affecting the same property, or any part thereof, and requesting the same classification change by a property owner more often than once every 12 months.

(2)

Application procedure. Any request for amendment to this chapter shall be submitted on a standard application form available in the office of the administrator. Completed forms, together with an application fee to cover the cost of processing the application and the advertisement for public hearing, plus any additional information the applicant feels to be pertinent, shall be filed with the administrator. The administrator shall forward application fees to the city clerk. Applications for amendments must be submitted, complete and in proper form, at least 15 days prior to a planning commission meeting in order to be considered at the meeting. All meetings of the planning commission shall be open to the public, and any party may appear to present his application in person, by agent or attorney. No member of the planning commission shall participate in a matter in which he has any pecuniary or special interest.

(3)

Report by the planning commission. Following the meeting at which the application is considered, the commission shall make a written recommendation to the mayor and council. The recommendation shall include an evaluation of the proposed zoning amendment relative to the following:

a.

How the proposed zoning amendment relates to and affects the city's comprehensive plan.

b.

The validity of the comprehensive plan relative to the area under consideration.

c.

The need to correct an error or deficiency in this chapter.

d.

Any benefits which would be derived from the proposed amendment.

e.

Any cost to the city in terms of expenditures for public improvements, facilities and services.

f.

Compatibility with present zoning and conforming uses of nearby property.

g.

The public interest.

(4)

Public hearing by the city council. Before enacting an amendment to this chapter, including the zoning map, the city council shall hold at least one public hearing thereon. Such public hearing will take place not less than 15 days after notice of the time and place of such hearing has been generally circulated in the local newspaper. The council shall consider the recommendation and evaluation of the planning commission.

(5)

Disposition by mayor and council. The mayor and council may vote to approve or deny the requested amendment, may refer it back to the planning commission for further study, may hold an additional public hearing, or may take other action as it may deem necessary.

(6)

Changes to the zoning map. Following final action by the mayor and council, any necessary changes shall be made on the zoning map, and a written record of the type and date of such change shall be maintained by the city clerk.

(Ord. No. 01-05, § 46-78, 3-15-2005)