The following zone districts are hereby established in the city:

(1)

Primary zone districts.

a.

R-1, Rural residential and agricultural district.

b.

R-2, Suburban residential district.

c.

R-3, Urban residential district.

d.

RM, Residential manufactured/site-built housing district.

e.

RP, Residential-professional district.

f.

B-1, Neighborhood convenience center district.

g.

B-2, Central business district.

h.

B-3, Highway service center district.

i.

B-4, General commercial and distribution district.

j.

M, Manufacturing district.

(2)

Special purpose districts.

a.

PUD, Planned unit development district.

b.

FHO, Flood hazard overlay district.

c.

HPO, Historic preservation overlay district.

(Ord. No. 01-05, § 46-91, 3-15-2005)

Collectively, these districts are intended to advance the purpose of this chapter, as stated in section 44-3. Individually, each district is designed and intended to accomplish the following more specific objectives:

(1)

Primary districts.

a.

R-1, Rural residential and agricultural district. The purpose of the R-1 district is to maintain and protect open spaces and natural resources, and to permit agricultural operations in certain areas of the city, together with low-density residential development and support uses.

b.

R-2, Suburban residential district. The purpose of the R-2 district is to foster, preserve and protect areas of the community in which the principal use of land is for detached, single-family dwellings and related support facilities.

c.

R-3, Urban residential district. The purpose of the R-3 district is to accommodate higher density residential development and a variety of housing types on small lots or in project settings.

d.

RM, Residential manufactured/site built housing district. The purpose of the RM district is to accommodate manufactured home development in concert with site-built single-family housing and duplexes, or in planned parks or courts. It is further intended to foster manufactured home development as an economic alternative to conventional site-built housing.

e.

RP, Residential-professional district. The purpose of the RP district is to accommodate office, institutional and residential uses in areas whose character is neither exclusively business nor residential in nature. It is designed principally for areas in transition from residential to business, along major streets and for the purpose of ameliorating the consequences of change impacting established residential areas.

f.

B-1, Neighborhood convenience center district. The purpose of the B-1 district is to meet the commercial and service needs generated by nearby residential areas. Goods and services normally available in the B-1 district are of the convenience variety. The size of any such B-1 district should relate to surrounding residential markets and the locations should be at or near major intersections.

g.

B-2, Central business district. The purpose of the B-2 district is to promote the concentration and vitality of commercial and business uses in downtown Laurens. This B-2 district is characterized by wall-to-wall development and pedestrian walkways.

h.

B-3, Highway service center district. The purposes of this B-3 district are to serve the automobile and its passengers, to accommodate change of existing land uses precipitated by economics and major street use, and to provide services and goods outside the central business district. For these reasons, open space, off-street parking and building setbacks are prerequisite to new construction.

i.

B-4, General commercial and distribution district. The purpose of the B-4 district is to provide for the development and maintenance of commercial and distribution facilities requiring relatively large sites and buildings, outdoor storage and display area.

j.

M, Manufacturing district. The purpose of the M district is to accommodate wholesaling, distribution, storage, processing and manufacturing in an environment suited to such uses and operations while promoting land use compatibility both within and beyond the boundaries of such districts. Toward these ends, residential development is not permitted, nor is the establishment of this district on other than a collector or arterial street.

(2)

Special purpose districts.

a.

PUD, Planned unit development district. The intent of the planned unit development district is to encourage flexibility in the development of land in order to promote its most appropriate use; and to do so in a manner that will enhance the public health, safety, morals and general welfare. Within the PUD zones, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, to promote economical and efficient land use, provide an improved level of amenities, foster a harmonious variety of uses, encourage creative design, and promote a better environment. In view of the substantial public advantage of planned unit development, it is the intent of this chapter to promote and encourage or require development in this form where appropriate in location, character and timing.

b.

FHO, Flood hazard overlay district.

1.

The purpose of the FHO district is to protect human life and health, minimize property damage, encourage appropriate construction practices, and minimize public and private losses due to flood conditions by requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

2.

Additionally, this district is intended to help maintain a stable tax base by providing for the sound use and development of floodprone areas and to ensure that potential home buyers are notified that property is in a flood area. The provisions of this district are intended to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, street and bridges located in the floodplain, and prolonged business interruptions; and to minimize expenditures of public money for costly flood control projects and rescue and relief efforts associated with flooding.

(3)

HPO, Historic preservation overlay district. The purpose of the historic preservation overlay district is to promote, protect, conserve and preserve one of the city's most valued and important assets, its historical and architectural heritage. By means of recognizing, designating, and regulating historic overlay districts and historic landmarks, and by means of acquiring and managing selected historic properties where appropriate, the city seeks to:

a.

Protect, preserve and enhance the distinctive architectural and cultural heritage of Laurens;

b.

Promote the use and conservation of Laurens' historic resources for the education, pleasure and enrichment of the residents of the city, county and state as a commemoration and reminder of its origins and development;

c.

Foster civic beauty and pride through the development and maintenance of historic sites, buildings and landmarks; and

d.

Stabilize and enhance property values in the historic preservation overlay district areas; promote the economy, commerce and industry, and encourage tourism.

It is the hope of the city council that by encouraging a general harmony in style, form, proportion and material between buildings of historic design and those of contemporary design, Laurens' historic buildings and historic overlay districts will continue to be a distinctive aspect of the city and will serve as visible reminders of the significant historical and cultural heritage of the city and state.

(Ord. No. 01-05, § 46-92, 3-15-2005)

(a)

The boundaries of the various zoning districts are hereby established as shown on the official zoning map of the city, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk under the words: "Official Zoning Map, City of Laurens, South Carolina," together with the date of the adoption of Ord. No. 17-94, January 17, 1995.

(c)

If, in accordance with the provisions of this chapter and S.C. Code 1976, § 6-7-710 et seq., changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map by the city clerk within seven days after the amendment has been approved by the city council.

(d)

No changes of any nature shall be made on the official zoning map or on any matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change shall be considered a violation of the chapter and punishable as provided by law.

(e)

Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map, which shall be located in the office of the administrator shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.

(f)

In addition to the official zoning district map, the most current issue of Federal Insurance Administration flood hazard boundary maps designating flood hazard areas within the city, prepared by the Department of Housing and Urban Development, Federal Insurance Administration, copies of which are on file in the office of the administrator, are hereby adopted by reference and herewith made a part of this chapter for the purpose of regulating development in designated flood hazard areas.

(g)

The HPO district is highlighted in yellow and identified as Exhibit A on the official zoning map. The district consists of two separate categories, namely "on the public square" and "off the public square." The category known as "on the public square" is shown and designated as Exhibit B on the map. All property in the district outside the perimeters of the property shown as Exhibit B shall be known as "off the public square."

(Ord. No. 01-05, § 46-93, 3-15-2005)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, alleys or public utility easements shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot or tract lines shall be construed as following such lines, whether public or private.

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as parallel to, or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. If distances are not specifically indicated on the official zoning map, or in other circumstances not covered by subsections (1) through (5) of this section, the board of appeals shall interpret the district boundaries.

(Ord. No. 01-05, § 46-94, 3-15-2005)

(a)

District regulations are presented with the use of tables. Table 2 identifies and lists all permitted uses in the several primary zone districts established by section 44-229, together with off-street parking requirements for each use or category of uses. Table 3 establishes lot area, yard, setback, height, density, and impervious surface requirements for all uses, by zone district.

(b)

Special purpose district regulations are contained in division 3, PUD, planned use district; division 4, FHO, flood hazard overlay district; and division 5, HPO, historic preservation overlay district.

(Ord. No. 01-05, § 46-106, 3-15-2005)

(a)

The North American Industry Classification System, 2002, is the basis for determining the use of property permitted by the various zoning districts. Where uncertainty exists relative to a given use not specifically listed on the table, the NAICS Manual should be consulted. In general, all uses listed by a given NAICS number and category shall be construed as being permitted in the assigned zoning district, unless separately listed.

(b)

Uses not listed in the NAICS Manual, or to which a reference is not applicable are identified by the letters "NA" (Not Applicable).

(c)

Where the letter "P" is shown on Table 2, the use to which it refers is permitted as a use by right in the indicated district, provided it complies fully with all applicable development standards of this chapter.

(d)

Where the letter "C" is shown on Table 2, the use to which it refers is conditionally permitted in the indicated district, subject to requirements for such uses set out in article VI, Conditional Uses.

(e)

Where the letter "N" is shown on Table 2, the use to which it refers is not permitted in the indicated district.

(f)

Where the symbol "*" is shown, the use may be established within a Type A PUD, subject to review and approval by the Planning commission; provided the gross density of the PUD does not exceed the density limits for the district in which the PUD is to be located.

(g)

Where a given use or NAICS reference is not listed on the table, said use shall not be permitted.

(h)

A section number reference following a use category means the use must meet the additional conditions and requirements of the referenced section.

(i)

To aid in the use of Table 2, major land use categories are arranged numerically by NAICS Sectors, followed by the uses and codes included in each sector, as shown below:

Uses and NAICS code references are displayed within the appropriate sector in numerical order, beginning with sector 11 (agricultural, forestry, fishing and hunting) and running through sector 92 (public administration). Residential uses do not represent an industry classification and therefore are not included in the NAICS code. However, they are listed in the Table 2, after sector 92.

(Ord. No. 01-05, § 46-107, 3-15-2005)

(a)

Permitted and conditional uses, and off-street parking requirements.

Table 2: Schedule of Permitted and Conditional Uses, and Off-Street Parking Requirements, By Zone Districts

(a) Off-street parking requirements computed on basis of number of spaces per square feet of Gross Floor Area (GFA)

(b)

Lot area, yard, setback, height and lot coverage requirements.

Table 3. Schedule of Lot Area, Yard, Setback, Height, and Lot Coverage Requirements, by Zoning Districts

Notes To Table 3:

a.

Lot area is expressed in square feet.

b.

Measurement from front property line.

c.

Number of dwelling units per gross acre, including private streets, common areas, right-of-way, etc.

d.

5,500 square feet minimum for first unit; 3,300 square feet for each additional unit.

e.

Five foot setback for single and two family dwellings; 10 feet for all other residential uses; for each three feet in building height, over 35 feet.

f.

Six foot setback on one side only, except that commercial condominium projects shall be allowed to share interior property lines; provided a 6' setback is observed at both ends, and that no such project shall exceed 600 feet parallel to a street.

NA: Not applicable.

(Ord. No. 01-05, ch. 46, tbls. 2, 3, 3-15-2005; Ord. No. 2-21-02, § 1, 3-16-2021)

There are hereby created two types of PUDs:

(1)

Type A. A type A PUD is one which is similar in use and intensity to the district in which it is to be located.

(2)

Type B. A type B PUD is one that may include any use or combination of uses and intensity levels, irrespective of prevailing zoning district requirements where it is to be located.

(Ord. No. 01-05, § 46-121, 3-15-2005)

(a)

Type A PUDs. Permitted uses in type A PUDs shall coincide with those listed by Table I for the district in which they are to be established. No use shall be permitted in a type A PUD that is not clearly permitted in the district in which it is to be established.

(b)

Type B PUDs. Any use or combination of uses meeting the objectives of this section may be established in a type B PUD upon review and approved amendatory action by the planning commission and city council. Once approved, the proposed uses and no others shall be permitted. Such uses shall be identified and listed on the basis of classification, i.e., retail, office, wholesale, residential multifamily, residential single-family detached, manufacturing, etc. The list of approved uses shall be binding on the applicant and any successor in title, so long as the PUD zoning applies to the land, unless otherwise amended by ordinance.

(Ord. No. 01-05, § 46-122, 3-15-2005)

(a)

Type A PUDs. Type A PUDs may be established in any zoning district subject to the requirements of this section, and review and approval by the planning commission. Rezoning is not required to establish a type A PUD. However, the planning commission shall hold a public hearing on the PUD plan, having given five days' notice of time and place in a newspaper of general circulation in the city. Planning commission approval shall be final for type A PUDs, unless appealed within ten days to the council, who may, after due process, reverse, modify or affirm action by the commission.

(b)

Type B PUDs. Type B PUDs shall be established on the official zoning map by the same procedures as for amendments generally (article II, division 5 of this chapter) and in accord with the requirements of this section. Additionally, each PUD district shall be identified by the prefix and number indicating the particular district, as for example PUD (B-1), together with whatever other identification appears appropriate.

(Ord. No. 01-05, § 46-123, 3-15-2005)

A site plan showing the proposed development of the area (zone) shall be prerequisite to approval of a PUD. The site plan shall adhere to the requirements of sections 44-286 and 44-287 and shall address or show the following:

(1)

The proposed title of the project, project designer and the developer.

(2)

The boundaries of the property involved, the general location of all existing easements, property lines, existing streets, buildings and other existing physical features on the project site.

(3)

The approximate location of existing and proposed sanitary and storm sewers, water mains, street lighting, and other service facilities in or near the project.

(4)

The general location and dimensions of proposed streets, driveways, curb cuts, entrances and exits, parking and loading areas (including numbers of parking spaces).

(5)

The general location of proposed lots, setback lines, easements and a conceptual land use plan.

(6)

The general location and approximate heights of all principal and accessory buildings and dimensions of structures.

(7)

The general location and description of all fences, walls, screens, buffers, plantings and landscaping.

(8)

The general location and number of dwelling units for multifamily projects.

(9)

The general location, character, size and height of all signs.

(10)

The position of the proposed development in relation to its surroundings.

(11)

A tabulation of the number of acres in the project by use.

The planning commission may establish additional requirements for site plan approval, and in special cases, may waive a particular requirement, if, in its opinion, the inclusion of that requirement is not essential to a proper assessment of the project.

(Ord. No. 01-05, § 46-124, 3-15-2005)

Minimum area requirements for establishing a PUD shall be two acres.

(Ord. No. 01-05, § 46-125, 3-15-2005)

(a)

Density and height requirements.

(1)

Type A PUDs. Residential density and the height of buildings and structures shall not exceed the limits for the district in which a type A PUD is to be located.

(2)

Type B PUDs. Residential density and height of buildings and structures shall be determined by the scale of the project in relation to its surroundings and its impact on existing support facilities, i.e., transportation, water and sewer systems, recreation facilities, etc.

(b)

Overall site design. Overall site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, size of structures, street patterns, and use relationships. Variety in building types, heights, facades, setbacks and size of open spaces shall be encouraged.

(c)

Parking and loading. Off-street parking and loading spaces for each PUD shall comply with the requirements of article IV of this chapter.

(d)

Buffer areas. Buffer areas shall be required for peripheral uses only, and shall be provided in accord with the minimum requirements for adjacent uses prescribed by article V, division 2 of this chapter. Buffer areas are not required for internal use.

(e)

Streets and street improvements. Private streets are permitted in an approved PUD, provided that such streets meet the design and construction standards for public streets.

(f)

Landscaping and common open space. Landscaping and open space requirements for each PUD shall comply with the provisions of article V, divisions 3 and 4 of this chapter.

(Ord. No. 01-05, § 46-126, 3-15-2005)

Action by the planning commission and city council may be to approve the plan and application to establish a PUD, to include specific modifications to the plan, or to deny the application to rezone or establish a PUD. If the plan and/or zoning are approved, the applicant shall be allowed to proceed in accord with the approved PUD plan as supplemented or modified in a particular case, and shall conform to any time or priority limitations established for initiating and/or completing the development in whole, or in specified stages. If the application is denied, the applicant shall be so notified.

(Ord. No. 01-05, § 46-127, 3-15-2005)

After a PUD plan or district has been approved, building and sign permits shall be issued in accord with the approved plan as a whole, or in stages or portions thereof. Such permits shall be issued in the same manner as for building and sign permits generally.

(Ord. No. 01-05, § 46-128, 3-15-2005)

(a)

Except as provided in this section, approved PUD plans shall be binding on the owner and any successor in title.

(b)

Minor changes in approved PUD site plans may be accommodated by the administrator with review and concurrence by the city attorney, 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 amendment creating the PUD district, as modified in the amending action; or

(2)

In accord with all applicable regulations currently in effect, without modification.

(c)

In reaching a decision as to whether the change is minor or substantial enough to require reference back to the planning commission for approval, the administrator shall use the following criteria:

(1)

Any increase in intensity of use shall constitute a modification requiring planning commission 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.

(2)

Any change in parking areas resulting in an increase or reduction of five percent or more in the number of spaces approved shall constitute a change requiring planning commission approval.

(3)

Structural alterations significantly affecting the basic size, form and style of a building, as shown on the approved plan, shall be considered a change requiring planning commission approval.

(4)

Any reduction in the amount of open space resulting in a decrease of more than five percent or any substantial change in the location or characteristics of open space shall constitute a change requiring planning commission approval.

(5)

Any change in use from one use group to another shall constitute a change requiring planning commission approval.

(6)

Substantial changes in pedestrian or vehicular access or circulation shall constitute a change requiring planning commission approval.

(d)

Changes other than as indicated in subsection (c) of this section shall be made only by reference to city council and the creation of a new PUD or other map amendment.

(Ord. No. 01-05, § 46-129, 3-15-2005)

If a time limit is set as part of the establishing agreement and action is not taken within the time limit set, the administrator shall review the circumstances and recommend to the planning commission that:

(1)

PUD status or zoning for the entire area be continued with revised time limits; or

(2)

PUD status or zoning be continued for part of the area, with or without revised time limits, and the remainder be rezoned to an appropriate category.

(Ord. No. 01-05, § 46-130, 3-15-2005)

(a)

The flood hazard overlay district includes:

(1)

Floodplains;

(2)

Areas of shallow flooding;

(3)

Areas of special flood hazard; and

(4)

Floodways.

(b)

The development of these areas, where shown on flood hazard boundary maps, issued by the Federal Emergency Management Agency (FEMA) for the city, may not occur where alternative locations exist due to the inherent hazards and risks involved. Before a building permit is issued, the applicant shall demonstrate that new structures cannot be located out of the flood hazard district. Where there is no alternative to a location in a flood hazard overlay district, proposed development shall be regulated by this division.

(Ord. No. 01-05, § 46-131, 3-15-2005)

(a)

New construction and substantial improvements of existing structures shall be anchored to prevent floatation, collapse, or lateral movement of the structure.

(b)

New construction and changes of existing structures below the minimum first floor elevation shall be constructed with materials and utility equipment resistant to flood damage.

(c)

New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage.

(d)

All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(e)

Manufactured homes shall be anchored to prevent floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(f)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(g)

New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(h)

On-site waste disposal systems shall be located and constructed to avoid impairment or contamination during flooding.

(i)

Any alteration, repair, reconstruction, or improvement to a structure, which is not in compliance with the provisions of this chapter, shall be undertaken only if nonconformity is not furthered, extended, or replaced.

(Ord. No. 01-05, § 46-132, 3-15-2005)

In all areas of special flood hazard where base flood evaluation data are available, the following shall be required:

(1)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor elevated no lower than one foot above the base flood elevation. A pre-construction and post-construction flood evaluation certificate shall be submitted. No basements are permitted. Should solid foundation perimeter walls be used to elevate a structure, creating a fully enclosed area, said enclosed area shall:

a.

Be designed to preclude permanent living space;

b.

Be useable solely for parking vehicles, building access, or storage; and

c.

Include openings sufficient to facilitate unimpeded movement of floodwaters and/or be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

1.

Provide a minimum of two openings on different walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2.

The bottom of all openings shall be no higher than one foot above grade;

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions; and,

4.

Fill placed around foundation walls must be graded so that the grade inside the enclosed area is equal to or higher than the adjacent grade outside the building on at least one side.

(2)

Nonresidential construction. New construction or substantial improvements of any commercial, industrial, or nonresidential structure shall have the lowest flood elevated no lower than one foot above the level of the base flood elevation. No basements are permitted. A registered, professional engineer or architect shall certify that the standards of this subsection are satisfied.

(3)

Temporary development. All applicants for a temporary use must submit to the administrator, prior to the issuance of a building permit, a written plan for the removal of any temporary use or structure in the event of a hurricane or flash flood warning notification. The plan shall be reviewed and approved in writing, and must include the following information:

a.

A specified time for which the temporary use will be permitted;

b.

The name, address, and phone number of the individual responsible for the removal of said use;

c.

The time frame prior to the event at which any structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);

d.

A copy of a contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed;

e.

Designation, accompanied by documentation, of a location outside the floodplain to which said temporary structure will be moved; and

f.

A plan to restore the area to its natural condition once the temporary permit expires or the temporary use is terminated, whichever is first.

(4)

Accessory structures. An accessory structure, the cost of which is greater than $3,000.00, must comply with the elevated structure requirements of this section. When accessory structures of $3,000.00 or less are to be placed in the floodplain, such structures shall:

a.

Not be used for human habitation, including work, sleeping, living, cooking, or restroom areas; and

b.

Be designed to have low flood damage potential, be constructed and placed on the building site so as to offer minimum resistance to floodwaters, and be firmly anchored to prevent flotation, collapse, or lateral movement.

(5)

Floodways. The following provisions shall apply within floodways:

a.

No encroachments, including fill, new construction, substantial improvements, additions, or other developments shall be permitted unless it has been demonstrated through hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of a base flood.

b.

Where no such increase is certified, new construction and substantial improvements may be permitted in compliance with the requirements of this section.

c.

Permissible uses exempt from such certification include general farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses, lawns, gardens, play areas, picnic grounds, hiking and horseback riding trails, provided that they do not employ structures or fill.

(6)

Standards for streams and/or floodways without established base flood elevations. Development contiguous to small streams where no flood data have been provided or where no floodways have been identified shall adhere to the following:

a.

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within 100 feet of the stream bank unless certification with supporting technical data by a registered, professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of base flood discharge.

b.

Where no such increase is certified, new construction and substantial improvements may be allowed within such areas provided all applicable provisions of this section are satisfied.

(7)

Standards for areas of shallow flooding (AO Zones). Development within the areas subject to shallow flooding in the AO Zone shall adhere to the general and specific development standards of this section.

(Ord. No. 01-05, § 46-133, 3-15-2005)

The degree of flood protection required by this chapter is based on scientific and engineering considerations. However, larger floods can and will occur on rare occasions. Therefore, this chapter shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. 01-05, § 46-134, 3-15-2005)

(a)

Establishment. The HPO district is hereby established as an overlay district. As such, the "underlying" or primary zone district determines permitted uses.

(b)

Process for expansion and modification.

(1)

An HPO district shall be established, modified, or contracted in size on the official zoning map in accord with the provisions for amendments generally, article II, division 5 of this chapter, and in accord with the requirements of this section.

(2)

a.

However, before an amendment to establish or modify an existing designation is forwarded to the planning commission for action, it must first be referred to the historic preservation commission for consideration and recommendation.

b.

The historic preservation commission shall conduct investigative studies of the proposed amendment to determine the historical significance of the area, buildings and/or structures in question, conduct a public meeting on the matter, then recommend to the planning commission a course of action to approve, approve with conditions, or disapprove the proposed amendment.

(3)

Upon receiving the results of such studies, reports, and recommendation from the HPO commission, the planning commission shall review the matter in accord with the guidelines for processing amendments generally, and then forward a recommendation to city council.

(4)

a.

The city council shall then act on such recommendation, following an advertised public hearing and, if approved, shall instruct the administrator to establish the HPO district on the official zoning map.

b.

Owners of properties proposed for historic designation shall be notified in writing 30 days prior to consideration by city council. Owners may appear before the city council to voice approval or opposition to such designation. Any property owner objecting to a decision by the city council may file suit against the city before the courts of the state.

(c)

Initiation of process. HPO districts may be established as follows:

(1)

By petition to the administrator of more than ten percent of the property owners in a proposed historic district; or

(2)

By initiative of the HPO commission, the planning commission or the city council.

(d)

Criteria and requirements for modification and/or expansion. Consideration and recommendation for historic designation and inclusion in the HPO district shall be based on the following criteria. The proposed building or structure:

(1)

Has significant inherent character, interest, or value as part of the development or heritage of the community, state, or nation;

(2)

Is the site of a significant event in history;

(3)

Is associated with a person or persons who contributed significantly to the culture and development of the community, state, or nation;

(4)

Exemplifies the cultural, political, economic, social, ethnic, or historic heritage of the community, state, or nation;

(5)

Individually, or as a collection of resources, embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering;

(6)

Is the work of a designer whose work has influenced significantly the development of the community, state or nation;

(7)

Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation;

(8)

Is part of or related to a square or other distinctive element of community;

(9)

Represents an established visual feature of the community; or

(10)

Has yielded, or may be likely to yield, important historical information.

(e)

Plan and strategy requirement. Additionally, an historic district preservation plan and strategy shall be required. The plan shall include an investigation and report describing the significance of the buildings, structures, features, sites, or surroundings included in the proposed historic district, together with a description of the proposed historic district's boundaries. The preservation strategy shall include, but not be limited to, the following:

(1)

The need for the historic district, including the specific reasons why the regulatory provisions of this chapter should be applied in order to effectively accomplish the preservation of the area;

(2)

The principles, design guidelines and criteria to be followed in the historic district for exterior activities involving new construction, alteration, restoration, or rehabilitation and which shall be the basis for the commission's review and action upon an application for a certificate of appropriateness; and

(3)

A description of the various financial incentives proposed for use in promoting preservation within the historic district, how those incentives would be utilized and how property owners will be made aware of them.

(Ord. No. 01-05, § 46-135, 3-15-2005)

(a)

Assessment of real property; lien; collection of tax. In addition to municipal taxes levied on real property pursuant to S.C. Code 1976, § 5-21-110 and chapter 34, all real property located within the district shall be assessed at non-uniform rates as provided by ordinance 4.3, based on the commercial uses and location of the real property within the district. The assessment shall become a lien on the property as to which it is assessed. The municipal clerk, together with all other municipal real property taxes as provided in this Code, shall collect the tax generated by such assessment.

(b)

Basis of assessment; assessment categories. The assessment shall be based upon the assessed value of the real property within the district and categorized as follows:

(1)

No property owner shall pay an assessment in excess of $3,000.00.

(2)

There shall be an accumulated minimum assessment of $100.00 with respect to property on the public square. Such minimum shall have no application to property designated as off the public square.

(c)

Disposition of proceeds from assessment of real property. The proceeds generated from the assessment on real property within the district shall be paid by the city to the corporation on a monthly basis to pay the costs and expenses incurred by Main Street Laurens USA, Inc. and for such other uses as may be provided for under the Municipal Improvement Act of 1973, S.C. Code 1976, § 5-37-10 et seq.

(Ord. No. 01-05, § 46-136, 3-15-2005)

(a)

Certificate required. Once a property or area has been designated and included in an historic preservation overlay district, a certificate of appropriateness, approved by the HPO commission, shall be required before any exterior building or structural alterations not expressly exempt by this section may occur, and no building permit shall be issued without said certificate. In granting a certificate of appropriateness, the commission shall take into account:

(1)

Appropriateness of altering, moving or demolishing any designated building, structure, or landmark. The commission shall consider the historic, architectural, and aesthetic features of buildings, their relationship to the district, and importance to the district.

(2)

Appropriateness of exterior architectural features including signs and other exterior fixtures of any new buildings and structures to be included within the district.

(3)

Appropriateness of exterior design of any extension of any existing building or structure.

(4)

Appropriateness of front yards, location of entrance drives into the property, and sidewalks along the public right-of-way, which might affect the character of any building or structure.

(5)

Appropriateness of the general exterior design, scale, proportion, arrangement, texture, and material of any building or structure in question and the relation of such factors to similar buildings in the immediate area. However, the commission may not make requirements as to the use of such structure as long as the use is permitted by the primary or "underlying" zone district.

(6)

The commission shall not consider interior changes to buildings and no certificate of appropriateness shall be required for interior changes. However, this does not excuse the property owner from obtaining required building permits for interior work.

(b)

Guidelines for determining appropriateness. In its deliberations of an application for a certificate of appropriateness, the commission shall be guided by local standards, where adopted by the commission, and/or standards included in the Secretary of the Interior's Standards for Rehabilitation, as follows:

(1)

A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

(2)

The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

(3)

Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other buildings, will not be undertaken.

(4)

Changes to a property that have acquired historic significance in their own right will be retained and preserved.

(5)

Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

(6)

Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

(7)

Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

(8)

Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

(9)

New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment.

(10)

New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

a.

All first floor openings originally designed, as windows shall be maintained as windows, complete with sills, lintels, frame and glass.

b.

The exterior surfaces of all buildings and/or structures shall be painted in a color as approved by the historic preservation commission.

c.

All exterior surfaces, which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed.

d.

All exterior surfaces, which have been painted, shall be maintained free of peeling and flaking.

e.

All chimneys, flues and vent attachments thereto shall be maintained structurally sound; free from defects so as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft producing equipment shall provide sufficient draft to develop the rated output of the connected equipment; and shall be structurally safe, durable, smoke tight and capable of withstanding the action of flue gases.

f.

All exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railing properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free of defects.

g.

All cornices shall be made structurally sound, and rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original patterns. All exposed wood shall be painted.

h.

Where landscaping has been incorporated in the development plan of a commercial business, or where landscaping has been required by the city as part of a development plan (including parking plans), the landscaped areas shall be maintained in a manner to equal and reflect the original landscaping approved for the development plan.

i.

Damage to public sidewalks and/or curb and gutter located in the public right-of-way shall be repaired or replaced at no expense to the city when such damage is caused by vehicles making deliveries to the premises under the control of the owner and/or operator.

j.

Vending machines, with the exception of newspaper racks, are prohibited from being placed on sidewalks and streets, except during designated special events and festivals.

k.

All unused and non-decorative metal hooks; clips, angles and brackets shall be removed from all building facades.

l.

All exposed electrical wiring shall be removed from the facades of all buildings. Electrical wiring concealed in conduit with weather head installations shall be permitted.

m.

Brackets, support rods, chains, cables and other support systems attached to canopies, awnings or other coverings protruding over the public right-of-way which are visible from 100 feet and at six feet above the ground, must be removed. It shall be the responsibility of the property owner to remove or reinstall all such canopies and awnings to be structurally sound, and to comply with this visual standard.

n.

All windows shall be repaired or replaced, and no windows may be permanently boarded up.

o.

All paneled areas, which cover original brickwork, other than as recessed in the original transom areas or in areas below the original transom area, shall be removed, and the original brickwork restored.

p.

The roofs of all buildings and/or structures shall be maintained in compliance with all applicable building codes.

(c)

Exemptions from requirements for certificate. The following activity shall be exempt from the requirements for a certificate of appropriateness:

(1)

Ordinary maintenance or repair of any exterior architectural feature that does not involve a change in the design, material, color, or outer appearance of a building or structure.

(2)

Construction, reconstruction, alteration, restoration or demolition of any such feature, which is determined to be a threat to the public safety. The Laurens Inspections Department shall certify in writing to the commission that such action is required for the public safety because of an unsafe or dangerous condition.

(d)

Application filing procedures for certificate. Applications for a certificate of appropriateness shall be considered by the commission at its next regularly scheduled meeting, provided they have been filed at least 14 business days before the meeting. If the commission 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 commission has postponed an application to demolish a structure under the provisions contained in this chapter. All certificates of appropriateness will expire one year from the time they are approved.

(e)

Contents of application. The commission shall, in its Rules of Procedure, require data as is reasonable and necessary to determine the nature of the application. An application shall not be considered complete until all the required data has been submitted. Three copies each of the following shall accompany application for a certificate of appropriateness for alterations and/or additions to existing structures, or for erection of any new structures and/or signs, or modification of existing signs:

(1)

Drawings, including plans and exterior elevations, drawn to scale.

(2)

Specifications or other information describing proposed materials, textures and colors, including samples of materials or color samples.

(3)

Plot plan or site layout showing all structures, walls, walks, terraces, plantings, accessory structures, signs, lights and other elements.

(4)

Photographs of the site location, showing contiguous properties and streetscapes.

An application for a certificate of appropriateness shall not be considered complete until all the above data have been submitted; however, the commission may, in appropriate cases, waive submission of any of the foregoing data. All of the data shall be filed with the administrator, and the administrator shall transfer such data, together with the application, to the commission within seven days of receipt of the same. Nothing shall keep an applicant from filing with the application additional relevant information bearing on the application.

(f)

Notification of application filed. Upon receipt of an application for a certificate of appropriateness, the commission shall inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard.

(g)

Denial and submission of new application.

(1)

If the commission denies an application for a certificate of appropriateness a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.

(2)

Where an applicant alleges that denial of his application has created an unnecessary hardship, he may reapply to the commission citing specifics of the hardship. Unnecessary hardship is to be considered by the commission where one or more of the following unusual and compelling circumstances exist:

a.

The property cannot reasonably be maintained in the manner dictated by the chapter;

b.

There are no other reasonable means of saving the property from deterioration, or collapse; or

c.

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. Note: The owner may be required to submit documents to show the inability to comply with the design guidelines and earn a reasonable rate of return on the investment in the property.

(3)

If the commission denies, or postpones for 180 days, a request to demolish a historic building, the commission 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 commission 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.

(Ord. No. 01-05, § 46-137, 3-15-2005)

(a)

Deviations. City council recognizes that, because of the wide range of locations, buildings and properties to which this chapter must apply, it is neither possible nor prudent to establish inflexible requirements related to minimum standards. Therefore, the administrator and the historic preservation commission may authorize deviations from the requirements of this chapter wherever they find that such deviations are necessary because of particular circumstances associated with a building, property or business. Whenever the commission and administrator allow or require a deviation from the requirements, such deviations shall be noted on the face of the certificate of appropriateness, along with the reasons for allowing or requiring the deviation.

(b)

Appeal to commission. Any person aggrieved or having a substantial interest in any decision made by the administrator relative to a notice of noncompliance may appeal such decision.

(c)

Appeal to circuit court. Any person who may have a substantial interest in any decision of the historic preservation commission may appeal from any decision of the commission to the circuit court. The person must file a written petition with the clerk of court stating why the decision is contrary to law. The appeal must be filed within 30 days after the affected party receives action notice of the decision of the historic preservation commission. The appeal shall proceed in accordance with Ordinance 6-29-900 of the Code of Laws of South Carolina.

(Ord. No. 01-05, § 46-138, 3-15-2005)