500.1 Intent of District. it is the intent of this Section that the LR Zoning District be developed and reserved for low-density residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family dwellings situated on lots having an area of 12,000 square feet or more and to discourage any encroachment by commercial, industrial or other uses capable of adversely affecting the residential character of the district.

500.2 Permitted Uses. The following uses shall be permitted in any LR Zoning District:

a)

One-Family dwelling (other than a mobile home).

b)

Unlighted golf course, excluding miniature golf courses and driving ranges.

c)

Non-commercial horticulture or agriculture, but not including the keeping of poultry, livestock, or kennels.

d)

Customary home occupation established under the provisions of Section 709.

e)

Accessory use in compliance with the provisions of Sections 710 and 711.

500.3 Conditional Uses. The following uses shall be permitted in any LR Zoning District on a conditional basis, subject to conditions set forth in Article VIII, Section 804. For any conditional uses within the LR District, a buffer strip in compliance with Section 726 of this ordinance shall be installed and maintained along all property lines bordering a parcel that is zoned for residential usage.

a)

Church, synagogue, temple and other places of worship; provided that: (1) such use is housed in a permanent structure which meets all building, electrical, and plumbing codes for places of public assembly, (2) such use is located on a lot not less than 20,000 square feet in area, (3) no structure on the lot is closer than 25 feet to any abutting property line zoned for residential use, and (4) exterior and parking lot lights do not reflect onto adjoining residences.

b)

Private kindergarten, Day-Care Center, or pre-school nursery; provided that: (1) such uses meet the minimum standards set forth for such facilities by the State Board of Health; (2) such use is located on a lot not less than 20,000 square feet in area; (3) no structure on the lot is closer than 25 feet to any abutting residential property line, and (4) a five (5) foot wall or chain link fence is constructed around any play area.

c)

Publicly owned building or facility with a minimum lot size of 20,000 square feet.

d)

Public utility substation or sub-installation including water towers; provided that: (1) such use is enclosed by a wall or chain link fence at least six (6) feet in height above finished grade, (2) there is neither office nor commercial operation nor storage of vehicles or equipment on the premises, and (3) a landscaped strip not less than five (5) feet in width is planted and suitably maintained around the facility.

e)

Cemetery, provided that such use: (1) consists of a site of at least five (5) acres, (2) has a front yard setback of at least seventy (70) feet from the centerline of the street right-of-way, and (3) maintains only a non-illuminated sign no greater than thirty (30) square feet.

f)

Temporary use in compliance with the provisions of Article VIII, Section 804.

g)

Bed and Breakfast Inn, providing at least three, but no more than six rooms for paying guests and provided that such use: (1) is operated by the individual owner of the property and the use is subordinate and incidental to the principal residential use; (2) produces no alteration or change in the character or the exterior appearance of the principal building from that of a dwelling; (3) serves no meals other than breakfast to the paying guests; (4) maintains a guest register containing names, addresses and dates of occupancy, and which is available upon request to the City of Liberty; (5) sells only articles made on the premises or those articles custom made for the establishment and does not display products to the street or neighboring property; (6) provides off-street parking, no more and no less than the one parking place per bedroom plus three additional places (parking need not be paved); (7) limits signage to one sign, not to exceed three square feet; (8) does not sell alcoholic beverages; (9) does not host commercial meetings. Commercial meetings include the following activities: luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation.

h)

Amateur radio (ham radio) antennas shall comply with the following conditions:

A.

The antenna shall not exceed a height of 150 feet above grade.

B.

An antenna attached to a principal structure shall be located on a side or rear elevation of the structure.

C.

A freestanding antenna shall be located to the rear of the principal structure on the lot, but shall be set back from any lot line by a distance equal to or exceeding its height and shall not be located within a required minimum setback or buffer.

D.

The Official may grant modifications of the above standards if the amateur radio operator can satisfactorily demonstrate that the modification is necessary to reasonably accommodate the operator's amateur radio communications needs, as guaranteed by federal law.

500.4 Prohibited Uses.

1)

Sexually Orientated Businesses.

2)

Communication/Cell Towers.

500.5 Other Requirements. Uses permitted in LR Zoning Districts shall be required to conform to the following standards, except that the use of substandard lots of record as of the effective date of this Ordinance may be subject to whatever relief is provided in Article IV, Section 402 of this Ordinance.

a)

Minimum Lot Area: Twelve thousand (12,000) square feet.

b)

Minimum Land Area Per Dwelling Unit: Twelve thousand (12,000) square feet.

c)

Minimum Lot Width measured at Building Line: Seventy-Five (75) feet.

Minimum building size for first floor = 1,500 sq ft

d)

Minimum Front Yard Depth measured from the nearest right-of-way line: Thirty-five (35) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

e)

Minimum Side Yard: No less than ten (10) feet. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704.

f)

Minimum Rear Yard: Twenty (20) feet. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

g)

Maximum Building Height: Thirty-five (35) feet. For exceptions to height regulations, see Article VII, Section 722.

h)

Additional Requirements: Uses permitted in LR Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading, and other requirements.

i)

Signs: Signs permitted in R-20 Zoning Districts, including the conditions under which they may be located are set forth in Article VI.

(Ord. No. 17-0717, § 1, 7-17-2017; Ord. No. 2022-10, § II, 9-12-2022)

501.1 Intent of District. It is the intent of this Section that the MR Zoning District be developed and reserved for medium density one-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family dwellings situated on lots of 8,000 square feet or more; and to discourage any encroachment by commercial, industrial, or other use capable of adversely affecting the residential character of the district.

501.2 Permitted Uses. The following uses shall be permitted in any MR Zoning District:

a)

All uses permitted in LR One-Family Residential District, as shown in Section 500.2.

501.3 Conditional Uses. All conditional uses permitted in the LR One-Family Residential District, as shown in Section 500.3, shall be permitted in any MR Zoning District on a conditional basis, subject to conditions set forth in Article VIII, Section 804. For any conditional uses within the MR District, a buffer strip in compliance with Section 726 of this ordinance shall be installed and maintained along all property lines bordering a parcel that is zoned for residential usage.

501.4 Prohibited Uses.

1)

Sexually Orientated Businesses.

2)

Communication/Cell Towers.

501.5 Other Requirements. Uses permitted in MR Districts shall be required to conform to the following standards, except that use of substandard lots of record as of the effective date of this Ordinance may be subject to whatever relief is provided by Article IV, Section 402, of this Ordinance.

a)

Minimum Lot Area: Eight thousand (8,000) square feet, one-family.

b)

Minimum Lot Width measured at the Building Line: Fifty (50) feet.

Minimum building size for first floor = 1,000 sq ft

c)

Minimum Front Yard Depth measured from the nearest street right-of-way line: Fifteen (15) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

d)

Minimum Side Yard: Eight (8) feet. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704.

e)

Minimum Rear Yard: Fifteen (15) feet. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

f)

Maximum Building Height: Thirty-five (35) feet. For exceptions to height regulations, see Article VII, Section 722.

g)

Additional Requirements: Uses permitted in MR Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading and other requirements.

h)

Signs: Signs permitted in MR Zoning Districts, including the conditions under which they may be located, are set forth in Article VI.

(Ord. No. 17-0717, § 2, 7-17-2017; Ord. No. 2022-10, § II, 9-12-2022)

501.1(a) Intent of District. It is the intent of this Section that the MRD Zoning District be developed and reserved for medium density one-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family and two-family dwellings situated on lots of 8,000 square feet or more; and to discourage any encroachment by commercial, industrial, or other use capable of adversely affecting the residential character of the district.

501.2(a) Permitted Uses. The following uses shall be permitted in any MRD Zoning District:

a)

All uses permitted in LR One-Family Residential District, as shown in Section 500.2.

b)

"Duplex Units" as defined by Two-Family Dwellings in this Ordinance.

501.3(a) Conditional Uses. All conditional uses permitted in the LR One-Family Residential District, as shown in Section 500.3, shall be permitted in any MRD Zoning District on a conditional basis, subject to conditions set forth in Article VIII, Section 804. For any conditional uses within the MRD District, a buffer strip in compliance with Section 726 of this ordinance shall be installed and maintained along all property lines bordering a parcel that is zoned for residential usage.

1)

Group/Transitional Homes which are defined as a home structured as a single housekeeping unit and in accordance with any applicable state code, rules and regulations that provides a support setting for persons for reasons not limited to mental/physical disability, homelessness, elderly or transitional veterans. will be allowed as long as the following conditions are met:

a)

No more than six (6) unrelated persons maybe living in the home at one time. This does not include the supervisors.

b)

Supervision must be on the premises twenty-four (24) hours a day.

c)

The unit/home must meet all zoning regulations and building codes of the City of Liberty.

501.4(a) Prohibited Uses.

1)

Sexually Orientated Businesses.

2)

Communication/Cell Towers.

501.5(a) Other Requirements. Uses permitted in MRD Districts shall be required to conform to the following standards, except that use of substandard lots of record as of the effective date of this Ordinance may be subject to whatever relief is provided by Article IV, Section 402, of this Ordinance.

Additional Requirements: Uses permitted in RM-16 Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading and other requirements.

Signs: Signs are permitted in accordance with the provisions set forth in Article VI of this Ordinance.

(Ord. No. 2022-04, § II, 6-30-2022; Ord. No. 2022-10, § II, 9-12-2022; Ord. No. 2022-11, § II, 9-12-2022)

502.1 Intent of District. It is the intent of this section that the RM-8 Zoning District be developed and reserved for medium-to-high density residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for several different types of multi-family dwellings, and to discourage unwanted encroachment of commercial, industrial, or other uses capable of adversely affecting the residential character of the district.

502.2 Permitted Uses. The following uses shall be permitted in any RM-8 Zoning District:

a)

All uses permitted in the MR Residential District, as shown in Section 501.2. Such uses shall be subject to development specifications included in Section 501.

b)

One-Family duplex unit, accommodating no more than two (2) families per lot.

c)

Multi-family dwellings.

d)

Boarding houses.

e)

Professional offices limited to professional occupations licensed by the State of South Carolina.

502.3 Conditional Uses. The following uses may be permitted in any RM-8 Zoning District on a conditional basis subject to the provisions set forth in Article VIII, Section 804.

a)

All conditional uses permitted in the MR Zoning District as set forth in Section 501.3.

b)

Public or private care homes, provided such facilities conform with the requirements of the State Board of Health, provided plans for such facilities receive the written approval of the Pickens County Board of Health prior to the issuance of any permits for construction and operation; copies of such approval to be attached to the building permit and to be retained in the files of the Zoning Administrator.

c)

Group/Transitional Homes which are defined as a home structured as a single housekeeping unit and in accordance with any applicable state code, rules and regulations that provides a support setting for persons for reasons not limited to mental/physical disability, homelessness, elderly or transitional veterans, will be allowed as long as the following conditions are met:

i)

No more than six (6) unrelated persons maybe living in the home at one time. This does not include the supervisors.

ii)

Supervision must be on the premises twenty-four (24) hours a day.

iii)

The unit/home must meet all zoning regulations and building codes of the City of Liberty.

502.4 Prohibited Uses.

1)

Sexually Oriented Businesses.

2)

Communication/Cell Towers.

502.5 Other Requirements. Unless otherwise specified elsewhere in this Ordinance, multi-family uses permitted in RM-8 Zoning Districts shall be required to conform to the following standards:

A)

Multiple family dwelling.

1)

Minimum Lot Area: 20,000 square feet

2)

The maximum density for multi-family dwellings shall be eight (8) units per acre.

3)

Minimum Lot Width measured at the Building Line: One hundred (100) feet.

4)

Minimum Front Yard Depth measured from the nearest abutting street right-of-way line: thirty (30) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

5)

Minimum Side Yard: Not less than fifteen (15) feet for each side. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704.

6)

Minimum Rear Yard: Thirty (30) feet. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

7)

A buffer strip in compliance with Section 726 of this ordinance, shall be provided if the parcel borders any parcel zoned LR or MR.

8)

Maximum Building Height: Thirty-five (35) feet, as measured upward from the point of lowest ground level elevation of said building. Multi-family dwellings may exceed thirty-five (35) feet in height only after approval of the Fire Chief. For other exceptions to the height regulations, see Article VII, Section 721.

9)

The maximum number of residents permitted in any dwelling unit within the RM-8 zone shall be two (2.00) per bedroom.

10)

The minimum heated floor area for multi-family dwelling units shall be as shown:

Efficiency .....500 s.f.

One-Bedroom .....550 s.f.

Two Bedrooms .....600 s.f.

Three or more bedrooms .....700 s.f.

B)

Single Family Unit.

1)

Minimum Lot Area: 8,000 square feet

2)

Minimum building size for first floor = 1,000 sq ft

3)

Minimum Lot Width measured at the Building Line: Fifty (50) feet.

4)

Minimum Front Yard Depth measured from the nearest abutting street right-of-way line: twenty-five (25) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

5)

Minimum Side Yard: Not less than ten (10) feet for each side. For exceptions to this requirement, see Article VII, Sections 704 and 705.

6)

Minimum Rear Yard: Twenty-five (25) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

C)

Duplexes.

1)

Minimum Lot Area: 5,000 square feet

2)

Minimum Lot Width measured at the Building Line: Fifty (50) feet.

3)

Minimum Front Yard Depth measured from the nearest abutting street right-of-way line: twenty (20) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

4)

Minimum Side Yard: Not less than five (5) feet for each side. For exceptions to this requirement, see Article VII, Sections 704 and 705.

5)

Minimum Rear Yard: Twenty (20) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

6)

Additional Requirements: Uses permitted in RM-8 Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading and other requirements.

7)

Signs: Signs are permitted in accordance with the provisions set forth in Article VI of this Ordinance.

(Ord. No. 2022-02, II, 5-9-2022; Ord. No. 2022-10, § II, 9-12-2022; Ord. No. 2022-11, § II, 9-12-2022)

503.1 Intent of District. It is the intent of this section that the RM-16 Zoning District be developed and reserved for medium-to-high density residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for several different types of multi-family dwellings, and to discourage unwanted encroachment of commercial, industrial, or other uses capable of adversely affecting the residential character of the district.

503.2 Permitted Uses. The following uses shall be permitted in any RM-16 Zoning District:

a)

All uses permitted in the MR Residential District, as shown in Section 501.2. Such uses shall be subject to development specifications included in Section 501.

b)

Multi-family dwellings.

c)

Boarding houses.

d)

Professional offices limited to professional occupations licensed by the State of South Carolina.

503.3 Conditional Uses. The following uses may be permitted in any RM-16 Zoning District on a conditional basis subject to the provisions set forth in Article VIII, Section 804.

a)

All conditional uses permitted in the MR Zoning District as set forth in Section 501.3.

b)

Public or private care homes, provided such facilities conform with the requirements of the State Board of Health, provided plans for such facilities receive the written approval of the Pickens County Board of Health prior to the issuance of any permits for construction and operation; copies of such approval to be attached to the building permit and to be retained in the files of the Zoning Administrator.

503.4 Prohibited Uses. Sexually Oriented Businesses (see Liberty Ordinance 0102).

503.5 Other Requirements. Unless otherwise specified elsewhere in this Ordinance, multi-family uses permitted in RM-16 Zoning Districts shall be required to conform to the following standards:

A)

Multiple family dwelling.

1)

Minimum Lot Area: 1 acre.

2)

The maximum density for multi-family dwellings shall be sixteen (16) units per acre.

3)

Minimum Lot Width measured at the Building Line: One hundred (100) feet.

4)

Minimum Front Yard Depth measured from the nearest abutting street right-of-way line: thirty (30) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

S)

Minimum Side Yard: Not less than fifteen (15) feet for each side. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704.

6)

Minimum Rear Yard: Thirty (30) feet. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

7)

A buffer strip in compliance with Section 726 of this ordinance, shall be provided if the parcel borders any parcel zoned LR or MR.

8)

Maximum Building Height: Thirty-five (35) feet, as measured upward from the point of lowest ground level elevation of said building. Multi-family dwellings may exceed thirty-five (35) feet in height only after approval of the Fire Chief. For other exceptions to the height regulations, see Article VII, Section 721.

9)

The maximum number of residents permitted in any dwelling unit within the RM-16 zone shall be two (2.00) per bedroom.

10)

The minimum heated floor area for multi-family dwelling units shall be as shown:

Efficiency .....500 s.f.

One-Bedroom .....550 s.f.

Two Bedrooms .....600 s.f.

Three or more bedrooms .....700 s.f.

B)

Single Family Unit.

1)

Minimum Lot Area: 6,000 square feet

2)

Minimum building size for first floor = 1,000 sq ft

3)

Minimum Lot Width measured at the Building Line: Fifty (50) feet.

4)

Minimum Front Yard Depth measured from the nearest abutting street right-of-way line: twenty (20) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

5)

Minimum Side Yard: Not less than ten (10) feet for each side. For exceptions to this requirement, see Article VII, Sections 704 and 705.

6)

Minimum Rear Yard: Twenty (20) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

C)

Duplexes.

1)

Minimum Lot Area: 4,500 square feet

2)

Minimum Lot Width measured at the Building Line: Fifty (50) feet.

3)

Minimum Front Yard Depth measured from the nearest abutting street right-of-way line: fifteen (15) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

4)

Minimum Side Yard: Not less than five (5) feet for each side. For exceptions to this requirement, see Article VII, Sections 704 and 705.

5)

Minimum Rear Yard: Fifteen (15) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

6)

Additional Requirements: Uses permitted in RM-16 Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading and other requirements.

7)

Signs: Signs are permitted in accordance with the provisions set forth in Article VI of this Ordinance.

(Ord. No. 2022-03, II, 5-9-22)

504.1 Intent of District. It is the intent of this Section that the MH-SF Zoning District be developed and reserved for medium density one-family and two-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family and two-family dwellings situated on lots of 8,000 square feet or more; and to discourage any encroachment by commercial, industrial, or other use capable of adversely affecting the residential character of the district.

504.2 Permitted Uses. The following uses shall be permitted in any MH-SF Zoning District:

a)

All uses permitted in MR Low Density Residential District, as shown in Section 501.2.

504.3 Conditional Uses. The following uses may be permitted in any RM-8 Zoning District on a conditional basis subject to the provisions set forth in Article VIII, Section 804.

a)

All conditional uses permitted in the MR Zoning District as set forth in Section 501.3.

b)

Public or private care homes, provided such facilities conform with the requirements of the State Board of Health, provided plans for such facilities receive the written approval of the Pickens County Board of Health prior to the issuance of any permits for construction and operation; copies of such approval to be attached to the building permit and to be retained in the files of the Zoning Administrator.

c)

Group/Transitional Homes which are defined as a home structured as a single housekeeping unit and in accordance with any applicable state code, rules and regulations that provides a support setting for persons for reasons not limited to mental/physical disability, homelessness, elderly or transitional veterans, will be allowed as long as the following conditions are met:

i)

No more than six (6) unrelated persons maybe living in the home at one time. This does not include the supervisors.

ii)

Supervision must be on the premises twenty-four (24) hours a day.

iii)

The unit/home must meet all zoning regulations and building codes of the City of Liberty.

504.4 Prohibited Uses.

1)

Sexually Oriented Businesses.

2)

Communication/Cell Towers.

504.5 Other Requirements. Uses permitted in MH-SF Districts shall be required to conform to the following standards, except that use of substandard lots of record as of the effective date of this Ordinance may be subject to whatever relief is provided by Article IV, Section 402, of this Ordinance.

a)

Minimum Lot Area: Eight thousand (8,000) square feet, one-family; nine thousand (9,000) square feet, two-family.

b)

Minimum Lot Width measured at the Building Line: Fifty (50) feet.

c)

Minimum Front Yard Depth measured from the nearest street right-of-way line: Fifteen (15) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

d)

Minimum Side Yard: Five (5) feet from one side, provided that the total of both side yards is not less than thirty (30%) percent of the total lot width. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704.

e)

Minimum Rear Yard: Fifteen (15) feet. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

f)

Maximum Building Height: Thirty-five (35) feet. For exceptions to height regulations, see Article VII, Section 722.

g)

Additional Requirements: Uses permitted in MH-SF Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading and other requirements.

h)

Signs: Signs permitted in MH-SF Zoning Districts, including the conditions under which they may be located, are set forth in Article VI.

(Ord. No. 2022-10, § II, 9-12-2022; Ord. No. 2022-11, § II, 9-12-2022)

505.1 Purpose. The purpose of the Mobile Home Park District is to provide a sound and healthy residential environment sufficient to meet the unique needs of inhabitants living in the mobile homes, to protect mobile home parks from encroachment by incompatible uses, and to encourage the consolidation of mobile homes into mobile home parks. Any mobile home park within the City of Liberty shall henceforth be located in conformance with the regulations set forth herein.

505.2 Permitted Uses. The following uses shall be permitted in any mobile home zoning park district.

a)

Mobile home parks: Provided they are first submitted to and approved by the Planning Commission, and are found to be in conformance with the following minimum requirements:

(1)

The minimum area for a mobile home park shall be two (2) acres.

(2)

The maximum number of mobile homes per acre shall not exceed four (4).

(3)

The development of mobile home parks shall be considered in accordance with an overall plan which shall be reviewed and approved by the Planning Commission and shall include provisions for:

(a)

The maximum height of a mobile home shall be fifteen (15) feet.

(b)

The site plan for a mobile home park shall be reviewed by the Pickens County Department of Health and Environmental Control, which shall advise the Planning Commission of its findings in writing, prior to the Commission's recommendations on the proposal.

(c)

Signs for mobile home parks shall conform to Article VI of this Ordinance.

(d)

The City Council may revoke any license to maintain and operate a mobile home park when the licensee has been found guilty by a court of competent jurisdiction of violating any provisions of this Ordinance.

(e)

No mobile home unit or other structure within a mobile home park shall be placed closer than 25 feet to any front property line, 15 feet to any side property line, or 35 feet to any rear property line.

(f)

A minimum of twenty percent (20%) of the mobile home park area or twenty thousand (20,000) square feet shall be reserved as open space.

(g)

All mobile home units located in the City subsequent to the adoption of this Ordinance must be in full compliance with Section 725 herein.

(4)

The location use plan and dimension of each building or structure to be constructed and the location of each mobile home unit to be parked. The location, dimension and arrangement of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, pedestrian walkways, location and width of roads, streets, and sidewalks, location, dimensions and arrangements of all areas devoted to planting lawns, trees, or similar purposes with a description including the height and density of all trees for planting to be used for screening, location and description of all facilities to be used for sewage disposal, water supply and stormwater drainage.

(5)

The mobile home park shall be developed in accordance with the plan submitted. Any changes shall be reviewed and approved by the Planning Commission.

505.3 Landscaping. The proposed development shall be designated as a single architectural scheme with appropriate common landscaping.

505.4 Parking. Parking spaces shall be provided at a ratio of one and one-half (1-1/2) spaces for each mobile home.

505.5 Prohibited Uses.

1)

Sexually Oriented Businesses.

2)

Communication/Cell Towers.

505.6 Other Requirements. Uses permitted shall meet all standards set forth in Article VII pertaining to off-street parking, loading, and other requirements.

(Ord. No. 2022-10, § II, 9-12-2022)

506.1 Intent of the District. It is the intent of this section that the OC Zoning District be developed and reserved for professional office oriented business purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy, and compatible environment for professional office and institutional uses; to control traffic and parking congestion; to avoid the development of "strip" business districts; and to discourage the encroachment of industrial and other uses capable of adversely affecting the localized commercial character of the district.

506.2 Permitted Uses. The following uses shall be permitted in OC Zoning District:

a)

Professional Offices.

b)

Banks and other financial institutions.

c)

Day care centers.

d)

Cultural and community centers, including libraries, theaters, neighborhood recreation centers, churches and other religious facilities.

e)

Public utility facilities, including offices, electric transformer stations, gas regulator stations, telephone switching stations, excluding utility and communication towers, which are permitted as conditional uses, as listed in Sections 506.3(a) and 506.3(b).

f)

Schools.

g)

Clinics, nursing and convalescent homes, community residential care facilities.

h)

Veterinary offices with no external runs.

i)

Kennels, as an accessory use to a veterinary office only, with no external runs.

j)

Funeral homes.

k)

Auto parking lots.

l)

Commercial printers.

m)

Facilities of city, county, state or federal government.

n)

Facilities of the Pickens County School System or other public service districts.

506.3 Conditional Uses. The following uses shall be permitted on a conditional basis in any OC Zoning District, subject to the conditions set forth in Article VIII, Section 804.

a)

Public Utility substations or subinstallation, including standpipes, water tanks, or fire towers, provided such use is enclosed by a painted or chain link fence or stockade-type fence or wall at least six (6) feet in height above finished grade, provided there is neither an office nor commercial operation nor storage of vehicles on site, provided a landscaped buffer strip, in compliance with Section 725 of this Ordinance, not less than ten (10) feet in width is installed and maintained.

b)

Communication towers, in accordance with the provisions set forth in Section 727 of this Ordinance.

c)

A residential use as an accessory activity to any use permitted within the OC district, provided the residential use is housed within the primary office or commercial structure.

d)

Temporary use in compliance with the provisions of Article VIII, Section 804.

506.4 Prohibited Uses. Sexually Oriented Businesses (see Liberty Ordinance 0102) and mobile homes.

506.5 Other Requirements. Unless otherwise specified elsewhere in this Ordinance, uses permitted in OC Office Commercial Zoning Districts shall be required to conform to the following standards:

a)

Minimum Lot Area: Twelve thousand (12,000) square feet.

Minimum building size for first floor = 1,000 sq ft

b)

Minimum Lot Width measured at the Building Line: Seventy-five (75) feet.

c)

Minimum Front Yard measured from the nearest abutting street right-of-way line: Thirty (30) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

d)

Minimum Side Yard: Not less than fifteen (15) feet from each side. In addition, where the district abuts any residential zoning district not separated by a street right-of-way, a landscaped buffer strip, in compliance with Section 726 of this Ordinance, shall be required. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704.

e)

Minimum Rear Yard: Twenty (20) feet. Where the district abuts any residential zoning district not separated by a street right-of-way, a landscaped buffer strip, in compliance with Section 726 of this Ordinance, shall be required. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

f)

Maximum Building Height: Thirty-five (35) feet. For exceptions to height regulations, see Article VII, Section 721.

g)

Additional Requirements: Uses permitted in OC Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading, and other requirements.

h)

Signs: Signs permitted in OC Zoning Districts, including the conditions under which they may be located, are set forth in Article VI.

(Ord. No. 17-0717, § 3, 7-17-2017)

507.1 Intent of District. It is the intent of this Section that the NC Zoning District be developed and reserved for local or neighborhood oriented business purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy, and compatible environment for uses that are located so as to provide nearby residential areas with convenient shopping and service facilities; control traffic and parking congestion; avoid the development of "strip" business districts; and discourage industrial and other encroachment capable of adversely affecting the localized commercial character of the district.

507.2 Permitted Uses. The following uses shall be permitted in NC Zoning District:

a)

General retail stores, excluding supermarkets, package liquor stores, and large discount stores.

b)

Service businesses, including but not limited to plumbers, electricians, barbers, beauticians, repair services, photographers, etc., provided all services take place within an enclosed building and there is no external storage of inventory, parts, machinery or equipment.

c)

Professional offices.

d)

Banks and other financial institutions.

e)

Neighborhood food stores, including produce stands, retail bakeries, meat markets (without slaughtering on-site), delicatessens and similar businesses. Supermarkets are expressly prohibited.

f)

Day care centers.

g)

Cultural and community centers, including libraries, theaters, neighborhood recreation centers, churches and other religious facilities.

h)

Schools.

i)

Clinics, nursing and convalescence homes. Veterinary offices with no external runs. Kennels, as an accessory use to a veterinary office only, with no external runs.

j)

Coin operated laundries.

k)

Funeral homes.

l)

Auto parking lots.

m)

Facilities of city, county, state or federal government.

n)

Facilities of the Pickens County School System or other public service districts.

o)

Group community residential care facilities.

507.3 Conditional Uses. The following uses shall be permitted on a conditional basis in any NC Zoning District, subject to the conditions set forth in Article VIII, Section 804.

a)

Convenience stores with gasoline pumps and automobile gasoline stations, provided there is no repair of automobiles on site, there is no storage of automobiles or automobile parts, all pumps are set back at least twenty-five (25) feet from any public right-of-way, and fuel tanks are installed underground.

b)

Dry cleaning or laundry pickup agency, provided that any laundering, cleaning or pressing done on the premises involves only articles delivered to the premises by individual customers.

c)

Public utility substations or subinstallation, including standpipes, water tanks, or fire towers, provided such use is closed by a painted or chain link fence or wall at least six (6) feet in height above finish grade, provided there is neither an office nor commercial operation nor storage of vehicles, provided a landscaped strip not less than five (5) feet in width is planted and suitably maintained.

d)

Communication towers, in accordance with the provisions set forth in Section 727 of this Ordinance.

e)

Private kindergarten, day care centers, or pre-school nursery, provided that such use is located on a parcel of at least twenty thousand (20,000) square feet.

f)

Combination of residential structure with any use herein permitted, provided that all dwelling units have direct access to an abutting street. Parking provisions shall be complied with for each use.

g)

Residential use lawfully existing at the time of adoption of this Ordinance.

h)

Temporary use in compliance with the provisions of Article VIII, Section 804.

i)

Group/Transitional Homes which are defined as a home structured as a single housekeeping unit and in accordance with any applicable state code, rules and regulations that provides a support setting for persons for reasons not limited to mental/physical disability, homelessness, elderly or transitional veterans, will be allowed as long as the following conditions are met:

i)

No more than six (6) unrelated persons maybe living in the home at one time. This does not include the supervisors.

ii)

Supervision must be on the premises twenty-four (24) hours a day.

iii)

The unit/home must meet all zoning regulations and building codes of the City of Liberty.

507.4 Prohibited Uses. Sexually Oriented Businesses (see Liberty Ordinance 0102) and mobile homes.

507.5 Other Requirement. Unless otherwise specified elsewhere in this Ordinance, uses permitted in NC Neighborhood Commercial Zoning Districts shall be required to conform to the following standards:

a)

Minimum Lot Area: Twelve thousand (12,000) square feet.

b)

Minimum Lot Width measured at the Building Line: Seventy-five (75) feet.

c)

Minimum Front Yard measured from the nearest abutting street right-of-way line: Thirty (30) feet. For exceptions to this requirement, see Article VII, Sections 704 and 705.

d)

Minimum Side Yard: Not less than fifteen (15) feet from each side. In addition, where the district abuts any residential zoning district not separated by a street right-of-way, a buffer strip in compliance with Section 726 of this ordinance shall be required. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704. If a common wall is used the side setback shall be zero (0) feet.

e)

Minimum Rear Yard: Twenty (20) feet. Where the district abuts any residential zoning district not separated by a street right-of-way, a buffer strip in compliance with Section 726 of this ordinance shall be required. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

f)

Maximum Building Height: Thirty-five (35) feet. For exceptions to height regulations, see Article VII, Section 722.

g)

Maximum floor area for any use within the NC Zoning District shall be ten thousand (10,000) square feet.

h)

Additional Requirements: Uses permitted in NC Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading, and other requirements.

i)

Signs: Signs permitted in NC Zoning Districts, including the conditions under which they may be located, are set forth in Article VI.

j)

No external display of inventory shall be permitted within any NC Zone.

k)

No external storage of equipment, inventory, or supplies shall be permitted within any NC Zone, unless completely enclosed by a solid fence or wall.

(Ord. No. 2022-11, § II, 9-12-2022)

508.1 Intent of District. It is the intent of this Section that the GC Zoning District be developed and reserved for general business purposes. The regulations which apply within this district are designed to encourage the formation of continuance of a compatible and economically healthy environment for business, financial service and professional uses which benefit from being located in close proximity to each other; and to discourage any encroachment capable of adversely affecting the general commercial character of the district.

508.2 Permitted Uses. The following uses shall be permitted in any GC Zoning District.

a)

General retail stores.

b)

Service businesses, including but not limited to plumbers, electricians, barbers, beauticians, repair services, photographers, etc.

c)

Professional Offices.

d)

Banks and other financial institutions.

e)

Restaurants.

f)

Retail food stores, including general groceries, produce stands, bakeries, meat markets (without slaughtering on-site), etc.

g)

Food preparation establishments for off-premise delivery.

h)

Day care centers.

i)

Cultural and community centers, including libraries, theaters, neighborhood recreation centers, churches and other religious facilities.

j)

Public utility facilities, including offices, electric transformer stations, gas regulator stations, telephone switching stations, and water towers.

k)

Schools.

l)

Clinics, nursing and convalescence homes.

m)

Veterinary offices with no external runs.

n)

Kennels, as an accessory use to a veterinary office only, with no external runs.

o)

Coin operated laundries, dry cleaning - excluding dry cleaning plants.

p)

Funeral homes.

q)

Auto parking lots.

r)

Commercial printers.

s)

Facilities of city, county, state or federal government.

t)

Facilities of the Pickens County School System or other public service districts.

u)

Radio or television studios.

v)

Group community residential care facilities.

w)

Hotels, motels, bed and breakfast inns.

x)

Day care centers, adult and child.

508.3 Conditional Uses. The following uses shall be permitted on a conditional basis in any GC Zoning District, subject to the conditions set forth in Article VIII, Section 804.

a)

Automobile service station provided all fuel pumps are set back at least twenty-five (25) feet from the right-of-way line of the street; provided all fuel tanks are installed underground. In addition, where the use abuts any residential zoning district not separated by a street right-of-way, a buffer in compliance with Section 726 of this ordinance shall be required.

b)

Garage for the repairing and servicing of motor vehicles provided all operations are conducted within a fully enclosed building; and provided there is no open storage of wrecked vehicles; dismantled parts, or parts visible beyond the premises. One or more of the following options can be used to meet the screening requirements:

(1)

Solid stockade type fence or wall so as to be 100 percent opaque, of at least six (6) feet in height, constructed of treated wood, masonry, or stone.

(2)

Chain link fence fitted with slats so as to be 100 percent opaque, of at least six (6) feet in height.

(3)

Natural vegetative buffer of evergreen/non-deciduous plantings that at the time of planting shall be no less than five (5) feet in height and positioned in such a manner that at full growth, the buffer shall be no less than five (5) feet in height and that no discernible visual contact can be made through the buffer. The buffer shall be no less than four (4) feet wide. The ground area within the buffer shall be maintained with a natural landscaping treatment (bark, mulch, etc.), or land cover plantings (grass, creeping junipers, etc.). Natural existing evergreen/non-deciduous vegetation located on the same premises as the use may be used to fulfill or partially fulfill the buffer requirements.

c)

Combination of residential structure with any use permitted herein.

d)

Newspaper publishing plant provided that the requirements for parking, loading, and unloading conform to those for industrial buildings, as set forth in Article VII.

e)

Car wash provided an off-street paved parking area capable of accommodating not less than one-half of hourly vehicle washing capacity awaiting entrance to the washing process is suitably located and maintained on the premises (such space to contain at least two hundred (200) square feet per waiting vehicle); and, provided no safety hazard or impediment to traffic movement is created by the operation of such an establishment.

f)

Animal hospital and/or boarding facility provided all board arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.

g)

Automobile, boat, recreational vehicle dealerships, open yard for the sale, rental, and/or storage of materials or equipment excluding junk or other salvage. In addition, where the use abuts any residential zoning district not separated by a street right-of-way, a buffer in compliance with Section 726 of this Ordinance shall be required.

h)

Community hospitals or clinics including any functions which relate directly to the operation of the hospitals or clinics and are contained within the confines of said hospital or clinic, and provided such uses are in compliance with the provisions of Section 711.

i)

Mini warehouse self-storage facilities, so long as no storage unit doors can be viewed from a public right-of-way, or adjoining parcel.

j)

Transmission towers, in accordance with the provisions set forth in Section 727 of this Ordinance.

k)

Temporary uses in compliance with the provisions of Article VIII, Section 804.

508.4 Prohibited Uses. Sexually Oriented Businesses (see Liberty Ordinance 0102) and mobile homes.

508.5 Other Requirements. Unless otherwise specified elsewhere in this Ordinance, uses permitted in GC General Commercial Zoning Districts shall be required to conform to the following standards:

a)

Minimum Lot Area: Twelve thousand (12,000) square feet.

b)

Minimum Lot Width measured at the Building Line: Seventy-five (75) feet.

c)

Minimum Front Yard measured from the nearest abutting street right-of-way line: Thirty (30) feet.

d)

Minimum Side Yard: Not less than fifteen (15) feet for each side. Where the district abuts any residential zoning district not separated by a street right-of-way, a buffer strip in compliance with Section 726 of this ordinance shall be required. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704. If a common wall is used the side setback shall be zero (0) feet.

e)

Minimum Rear Yard: Twenty (20) feet. Where the district abuts any residential zoning district not separated by a public right-of-way, a buffer strip in compliance with Section 726 of this ordinance shall be required. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

f)

Maximum Building Height: Thirty-five (35) feet. For structures in excess of thirty-five (35) feet, the Fire Chief's approval is necessary. For exceptions to height regulations, see Article VII, Section 722.

g)

Additional Requirements: Uses permitted in GC Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading and other requirements.

h)

Signs: Signs permitted in GC Zoning Districts, including the conditions under which they must be located, are set forth in Article VI.

509.1 Intent of District. The intent of the CC Core Commercial District is to encourage the maintenance of a centrally located trade and commercial service area and to provide for the orderly expansion of such uses.

509.2 Permitted Uses. The following uses may be permitted in any CC Core Commercial District:

a)

General retail stores if retail is the majority/main purpose of the business.

b)

Restaurants.

c)

Retail food stores, including general groceries, produce stands, bakeries, delis, meat markets (without slaughtering on-site), etc.

d)

Facilities of city government.

e)

A maximum of up to 25% of entire downtown core commercial square footage may be used as service-oriented businesses.

f)

All service-based business must be conducted on business property.

g)

All businesses must be open to the public.

509.3 Conditional Uses. The following uses maybe permitted on a conditional basis in the CC Zoning District, subject to the conditions set forth in Article VIII, Section 804:

a)

Any business intending to primarily* serve alcohol (i.e. bars, pool halls, nightclubs, ABC stores) or stay open after midnight, must note this on the Condition Use application. There shall be no more than one of any of these types of establishments within 250 feet of another within the core commercial district.

*(percentage of alcohol sales above 50% of total sales)

b)

All services must be rendered on the business location.

c)

Combination of residential structure with any use permitted herein provided that all dwelling units are not on street level and must have direct access to the street.

d)

Current street level residential locations located in the rear of a commercial space are allowable permitting;

1.

May not be expanded beyond a current square footage.

2.

Must meet current exterior code enforcement regulations.

3.

Must be owner occupied, or occupied by lessee of commercial space.

509.3.1 The following will be the procedure for appeals.

a)

Any requests for establishments that are not included in the ordinance may be made to zoning administrator or city administrator.

b)

If proposed use is declined, an appeal may be filed with Board of Zoning Appeals who will have final authoritative decision.

509.4 Prohibited Uses. Sexually Oriented Businesses (see Liberty Ordinance 0102) and mobile homes.

509.5 Other Requirements. Unless otherwise specified elsewhere in this Ordinance, uses permitted in CC Core Commercial Districts shall be required to meet all standards set forth in this Ordinance for uses permitted in GC Zoning Districts, except that all front and side yard requirements, as well as all off-street parking and loading requirements shall be waived.

(Ord. No. 2022-14, § II, 11-11-2022)

510.1 Purpose. The intent of the LI Zoning District is to provide areas for limited industrial activities which do not produce emissions of noise, odor, fumes, smoke, gas, dust, fire hazard, dangerous radiation, or other obnoxious conditions, that are detectable on surrounding properties. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible environment for uses generally classified to be limited industrial in nature; protect and reserve undeveloped areas in the City of Liberty, which are suitable for such industries; and discourage encroachment by those residential, commercial, or other uses capable of adversely affecting the basic industrial character of the district.

510.2 Permitted Uses. The following uses, or those uses similar in nature shall be permitted in any LI Zoning District:

a)

Research or experimental laboratory.

b)

Transportation terminal, excluding truck terminals which shall be permitted as conditional uses subject to the requirements of Section 510.3.f).

c)

Public building, facility, or land other than a school, playground, hospital, clinic, care home, or cultural facility.

d)

Public utility installation, not including transmission towers (see 510.3.j).

e)

Agricultural farm.

f)

Horticultural nursery.

g)

Office building and/or offices for governmental, business, professional, or general purposes.

h)

Commercial, trade, or vocational school.

i)

Off-street commercial parking lot or garage, as well as off-street parking or storage area for customer, client, or employee-owned vehicles.

j)

Restaurants, delicatessens and other eating establishments.

k)

Food preparation establishments for off-premise delivery.

l)

Manufacturing facilities that produce no emissions.

m)

Tattoo parlors.

510.3 Conditional Uses. The following uses, or those uses similar in nature shall be permitted on a conditional basis in any LI Zoning District, subject to the conditions set forth in Section 804.

a)

Warehouse or other storage facility, provided that there is no external storage of junk or salvage materials of any type in conjunction with the operation.

b)

Wholesale business outlet, provided that there is no open storage of junk or salvage materials of any type in conjunction with the operation.

c)

Automobile service station provided that all fuel pumps are set back at least twenty-five (25) feet from the right-of-way line of any street; provided all fuel tanks are installed underground; and, provided that there is no open storage of any type in conjunction with the operation.

d)

Animal hospital and/or boarding facility provided all boarding arrangements are maintained within a building and no noise connected with the operation of the facility is audible beyond the premises.

e)

Retail business provided such business is incidental to a permitted use; is located on the same premises as a permitted use; and involves no open storage of junk or salvage materials or any type in conjunction with the operation.

f)

Truck terminal provided that paved acceleration and deceleration lanes of at least twelve (12) feet in width and one hundred (100) feet in length, respectively, are furnished and maintained at every point where trucks enter or leave terminal sites located adjacent to major streets, provided no safety hazard or impediment to traffic movement is reduced on any access road, and provided no open storage of any type is conducted in connection with the operation.

g)

Watchman or caretaker's one-family dwelling provided that such a dwelling is located on the premises of a permitted use; and, provided a member of the household is employed by the industry as a watchman or caretaker.

h)

Dwelling incidental to a permitted agricultural or horticultural use provided that such related dwellings are occupied only by persons employed directly on the premises.

i)

Garage or shop for the repair and servicing of motor vehicles, equipment or machine parts provided any open yard storage incidental to such an operation conforms to the provisions of Subsection 508.3(b); and, provided no objectionable sound, vibration, heat, glare, or electrical disturbance is created which is perceptible beyond the premises.

j)

Transmission towers, in accordance with the provisions set forth in Section 727 of this Ordinance.

k)

Temporary use in compliance with the provisions of Article VIII, Section 804.

510.4 Prohibited Uses. Sexually Oriented Businesses (see Liberty Ordinance 0102) and mobile homes.

510.5 Other Requirements. Unless otherwise specified elsewhere in this Ordinance, uses permitted in the LI Limited Industrial Districts shall be required to conform to the following standards:

a)

Minimum Lot Area: Twenty thousand (20,000) square feet.

b)

Minimum Lot Width measured at the Building Line: one hundred (100) feet.

c)

Minimum Front Yard measured from the nearest abutting street right-of-way line: Forty (40) feet.

d)

Minimum Side Yard: Not less than twenty (20) feet on each side, except that when the property abuts a non-industrial zoning district not separated by a public right-of-way, a buffer strip in compliance with Section 726 of this ordinance shall be required. For side yard requirements pertaining to corner lots, see Sections 702 and 704.

e)

Minimum Rear Yard: Thirty-five (35) feet, except that when the property abuts a non-industrial zoning district not separated by a right-of-way, a buffer strip in compliance with Section 726 of this ordinance shall be required. For rear yard requirements pertaining to double frontage lots, see Article VII, Section 704.

f)

Maximum Building Height: Not more than thirty-five (35) feet, unless approved by the Fire Chief. For exceptions to height regulations, see Article VII, Section 722.

g)

Additional Requirements: Uses permitted in LI Zoning Districts shall meet all standards set forth in Article VII, pertaining to off-street parking, loading and other requirements.

h)

Signs: Signs permitted in LI Zoning Districts, including the conditions under which they may be located are set forth in Article VI.

i)

Any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.

511.1 Intent of District. The intent of the BI, Basic Industrial, District is to promote the development and continued use of land for basic or primary industrial purposes which involve extensive manufacturing, processing, or assembly operations; and to preserve undeveloped sizable tracts of land with industrial potential for industrial uses.

511.2 Permitted Uses. The following uses, or those uses similar in nature shall be permitted in any BI Zoning District:

a)

Any use permitted in any LI Zoning District, subject to the standards set forth in this Section.

b)

Any industrial use plus operations incidental to such use which involves manufacturing, processing, or assembly operations, or the storage and sale of heavy materials, products, or equipment; but not including junk or salvage yards or uses which may cause injurious or obnoxious noise, vibration, smoke, gas fumes, odor, dust, fire hazards, dangerous radiation or similar conditions.

c)

Animal hospital and/or board facility.

d)

Warehouse.

e)

Bulk storage of petroleum products.

511.3 Conditional Uses. The following uses, or those uses similar in nature shall be permitted on a conditional basis in any BI Zoning District, subject to the conditions set forth in Section 804:

a)

Any use permitted on a conditional basis in any LI Zoning District, subject to the conditions of Subsection 510.3 and Article VIII, Section 804.

b)

Retail or wholesale business or service, provided such business or service is incidental to a permitted industrial use; and is located on the same premises.

c)

Truck terminal, provided that paved acceleration and deceleration lanes of at least twelve (12) feet in width and one hundred (100) feet in length, respectively, are furnished and maintained at every point where trucks enter or leave terminal sites; and, provided sites for such facilities have direct access to major streets.

d)

Private recreation facilities provided such facility is incidental to a permitted use and located on the same premises.

e)

Open yard use for the sale, rental and/or storage of new, used or salvaged, materials, or equipment, provided that such use is conducted in a manner that it will be located on a site no less than one (1) acre in size, and provided no burning of materials or products is conducted on the premises except by means approved by the Fire Chief or Fire Inspector; and in the case of external storage or used or salvaged materials and/or equipment, a buffer strip in compliance with Section 726 of this ordinance shall be required along all property lines.

f)

Temporary uses are permitted in compliance with the provisions of Article VIII, Section 804.

511.4 Prohibited Uses. Mobile homes.

511.5 Other Requirements. Unless otherwise specified elsewhere in this Ordinance, uses permitted in BI Basic Industrial Zoning Districts shall be required to conform to the following standards:

a)

Minimum Lot Area: Twenty thousand (20,000) square feet.

b)

Minimum Lot Width measured at the Building Line: One Hundred (100) feet.

c)

Minimum Front Yard measured from the nearest abutting street right-of-way line: Forty (40) feet.

d)

Minimum Side Yard: No less than twenty (20) feet on each side, except that when the property abuts a non-industrial zoning district not separated by a right-of-way, a buffer strip in compliance with Section 726 of this ordinance shall be required. For side yard requirements pertaining to corner lots, see Article VII, Sections 702 and 704.

e)

Minimum Rear Yard: Thirty-five (35) feet, except that where the property abuts another zoning district not separated by a right-of-way, a buffer strip in compliance with Section 726 of this ordinance shall be required be required. For rear yard requirements pertaining to double frontage lots see Article VII, Section 704.

f)

Maximum Building Height: No more than thirty-five (35) feet, unless approved by the Fire Chief. For exceptions to height regulations, see Article VII, Section 722.

g)

Additional Requirements: Uses permitted in BI Zoning Districts shall meet all standards set forth in Article VII pertaining to off-street parking, loading, and other requirements.

h)

Signs: Signs permitted in BI Zoning Districts, including the conditions under which they may be located, are set forth in Article VI.

i)

Any external storage of inventory, parts, or machinery is established to the rear of the front line of the principal structure and provided that such storage be completely enclosed by a solid fence or wall of at least six feet in height composed of treated wood or brick.

512.1 Intent of District. The PDD district is established to encourage innovative and creative design of residential and/or commercial developments and to permit a greater amount of flexibility to a developer by removing some of the restrictions of conventional zoning. It is the intent of the district that such design and planning features be incorporated properly into all PDD districts hereafter created, and that the Planning Commission shall consider the existence and appropriateness of such features before any amendment to the Zoning Map is adopted to create such districts. The district is also intended to encourage developments that provide a full range of residential types to serve the inhabitants of the district. The regulations provide a mechanism to evaluate each application on its own merit. It is recognized that some concepts will be more successful than others and the approval of an application in one situation does not necessarily indicate the development will be applicable in other situations. It is emphasized that these provisions are not to be confused with nor designed to circumvent the intent or use of conventional zoning classifications as set forth in this ordinance.

A planned residential development is not intended to encourage greater density of development but rather to encourage ingenuity and resourcefulness in land planning, and to ensure the provision of park and recreation land and facilities for use of occupants in order to obtain a more desirable environment.

512.2 Types of Planned Development Districts. Two types of planned development districts accommodating primarily residential and/or nonresidential uses are created as follows:

a)

PDD-R Planned Unit Development - Residential: The PDD-R district is intended to accommodate primarily residential uses, with non-residential uses integrated into the design of such districts as secondary uses.

b)

PDD-C Planned Unit Development - Commercial: The PDD-C district is intended to accommodate primarily non-residential uses, with residential uses integrated into the design of such districts as secondary uses.

512.3Minimum Area. The minimum area of a PDD shall be ten (10) contiguous acres to be under the control of a single developer or entity at the time of zoning approval.

512.4 Maximum Area of Commercial or Service Uses. In PDD-R districts in which commercial or service uses are permitted, the area of land devoted to such uses, including structures, parking, and related characteristics and accessory uses thereto shall not exceed the following percentages for any specific site size:

Provided, however, that these percentages shall apply only to commercial and service uses, and not to other non-residential uses such as schools, parks, community buildings, or public facilities. Required parking for commercial and service uses shall be counted towards maximum percentages.

512.5 Permitted Accessory Uses and Structures. Accessory uses and structures shall not be permitted in residential segments of planned unit developments.

512.6 Uses and Structures Permitted Upon Review. No review action by the Board of Adjustments is required to establish any specific use. Uses and structures permitted in the least restrictive land use classifications indicated in Section 511.3 for any specific site size are permitted outright, provided, however, that the Planning Commission shall ascertain that the effect and benefit usually derived from safeguards and conditions normally imposed upon uses permitted by review.

512.7 Minimum Lot Area. No minimum lot area is required for any specific structure.

512.8 Minimum Lot Width, Minimum Yard Requirements, Maximum Lot Coverage, Maximum Height of Structures. No structure shall be erected within twenty-five (25) feet from any external lot line of any planned development. Minimum lot width, minimum yard sizes, maximum lot coverage, and maximum height are not otherwise regulated within PDD districts, provided, however, that the Planning Commission shall ascertain that the characteristics of building siting shall be appropriate as related to structures within the planned unit development and otherwise fulfill the intent of this ordinance.

512.9 Minimum Off-Street Parking and Loading. The Planning Commission shall not approve a PDD site plan until the Building Inspector has reviewed and approved a parking scheme for the development.

512.10 Amenity Area. Each PDD with a residential component shall be provided with a public common area of at least one (1) acre in size, plus four hundred (400) square feet for each dwelling unit above twenty (20). Such common area shall be developed by the person, entity, corporation or developer developing the PDD and shall be deeded over to a neighborhood association within one (1) year after all units are sold. Such common area shall be completed before seventy-five percent (75%) of the occupancy permits for the total number of proposed units are issued. Such common area may be maintained as open space or may include recreational features such as tennis courts, a swimming pool, a clubhouse or similar facilities.

512.11 Each PDD development shall be serviced by sidewalks in the public right-of-way to be located parallel to the front yard lines of each lot in the PDD. Said sidewalks shall be installed by the developer of the PDD.

512.12 Utilities Requirements. Each lot within a PDD development shall be serviced by underground utilities.

512.13 Spacing Requirements. All residential structures within a PDD shall be spaced a minimum of fifteen (15) feet from any other residential structures.

512.14 PDD Application and Preliminary Development Plan Approval.

1.

An applicant shall communicate his intentions to establish a Planned Development District, and the proposed characteristics thereof, to the zoning administrator prior to initiating an application for amendment to the zoning map. The zoning administrator shall place the developer on the agenda of the next Planning Commission meeting for a presentation and exchange or [of] ideas.

2.

Applications for a Planned Development District shall be by amendment to the official zoning map in accordance with the provisions of Article III and shall include the following:

a.

Preliminary Development Plan - The applicant shall submit three (3) copies of the proposed Planned Development which shall include the following:

(1)

Vicinity map, title block, scale, north arrow, and property line survey.

(2)

Total acreage of overall site.

(3)

Location and number of acres of various areas by type of use (e.g., single-family detached, recreation, office, commercial, etc.).

(4)

Number of units and density of various residential types, such number to represent the maximum number of units.

(5)

Minimum setbacks.

(6)

Minimum and maximum residential dwelling unit floor areas.

(7)

Preliminary landscape plan.

(8)

Description of what is to be included in the common area.

(9)

Approximate square footage of non-residential uses and approximate number of bedrooms in each residential unit.

(10)

Primary traffic circulation pattern, including major points of ingress and egress.

(11)

Approximate number of parking spaces per use.

(12)

An indication that an acceptable drainage system can be designed for the proposed project.

(13)

Any such information or descriptions as may be deemed reasonably appropriate for review.

b.

Statement of Intent - The applicant shall submit three (3) copies of a descriptive statement setting forth the characteristics of proposed Planned Unit Development including the following:

(1)

A description of the formation procedures and policies of any proposed homeowners association or other group maintenance agreement.

(2)

A statement setting forth the proposed development schedule.

(3)

A statement of the public improvements, both on and off-site, that are proposed for dedication and/or construction, and an estimate of the timing for providing such improvements.

(4)

A statement of impact on public facilities, including water, sewer collection and treatment, schools, garbage collection, fire protection, etc., along with letters from the appropriate agencies or districts verifying that such facilities or services are available and adequate to serve the proposed Planned Development.

(5)

A statement concerning the appearance, landscaping, screening, and maintenance of any proposed pond, lake, or retention pond contained in the development.

(6)

Any such information of [or] descriptions as may be deemed reasonably appropriate for review.

3.

A public hearing shall be held in accordance with procedures set forth in Article X.

4.

The Planning Commission at its next regular meeting following the public hearing, shall make a recommendation on the proposed Planned Development which shall be advisory to City Council.

5.

The City Council may, after fulfilling all applicable requirements of this section and all applicable requirements of Article X, act to either approve, approve with modifications, or disapprove the application for a Planned Development.

6.

Following approval of a PDD District, the official zoning map shall be amended to reflect such approval. Approval of a Planned Development District shall constitute authority for the applicant to submit a Final Development Plan to the Planning Commission for approval in accordance with the provisions of Section 512.17.

512.15 Failure to Submit a Final Development Plan. If no final development plan shall have been submitted within twelve (12) months of approval of PDD, the Planning commission and City Council of the City of Liberty may consider rezoning the property to the most appropriate zoning category in accordance with Article X of this Ordinance.

512.16 Final Development Plan. No building permit or certificate of occupancy shall be issued in a PDD district until the Planning Commission has approved and there is recorded a Final Development Plan meeting the requirements of this section. Three (3) copies of the final plan setting forth specific design characteristics of the Planned Development in accordance with the approved Preliminary Development Plan shall be submitted on paper plats no larger than 22 x 27 inches to the Planning Commission office and shall include, but not be limited to, the following information:

1.

Vicinity map, title block, scale, north arrow and property line survey.

2.

Location arrangement, and proposed use of all buildings or structures within the Planned Development.

3.

Names of boundary streets.

4.

Number of residential dwelling units by type and number of bedroom units in each.

5.

Sketches of typical proposed structures, design standards, outdoor lighting fixtures, signs and landscaping.

6.

Location of any utility easements.

7.

Total floor area for all non-residential uses by type.

8.

Open space areas, specifying the proposed treatment of improvements of all such areas and delineating those areas proposed for specific types of developed recreational facilities.

9.

All off-street parking and loading areas and structures and the total number of spaces.

10.

Traffic and pedestrian circulation systems including the location and width of all streets, driveways, service areas, entrances to parking areas, walkways, bicycle paths, etc.

11.

Yard dimensions from the development boundaries and adjacent streets.

12.

A detailed drainage plan.

13.

Other such information or descriptions as may be deemed reasonably appropriate for Planning Commission review.

512.17 Planning Commission Action. The Planning Commission, acting upon the recommendation of the planning staff, may approve or disapprove the Final Development Plan submitted by the applicant. In reviewing the Final Development Plan, the Planning Commission may require any such design modifications as will assure compliance with the approved Preliminary Development Plan. In the event that the Planning Commission finds that the Final Development Plan is not in accordance with the approved Preliminary Development Plan, it shall disapprove the final plan.

512.18 Recording of Final Development Plan and Statement of Intent. Following approval of the Final Development Plan by the Planning Commission, one (1) copy of the Final Development Plan and Statement of Intent shall be recorded in the Register of Clerk of Court, Pickens County, one (1) copy of both documents shall be filed with the City Zoning Administrator and one (1) copy of both documents shall be filed with the Chairman of the Liberty Planning Commission.

512.19 Subdivision Plats. Approval of a Final Development Plan shall constitute authority for the applicant to prepare subdivision plats, in accordance with procedures set forth in the City of Liberty Subdivision Regulations.

512.20 Changes to Planned Development Districts. Changes to a proposed Planned Development District or to an approved Planned Development District may be permitted in accordance with one of the following procedures as determined by the Zoning Administrator.

1.

Minor Changes - Changes to a Planned Development District which are of a design nature and which do not alter the original concept or use characteristics of the Planned Development District may be approved by the Planning Commission in accordance with the procedures established by Section 512.14, except that no minor change may be approved by the Planning Commission which is in conflict with specific conceptual considerations previously contained in City Council's preliminary approval.

2.

Major Changes - Changes to a Planned Development District which would alter the basic concept and general characteristics of the Planned Development District may be approved by City Council in accordance with the procedures established by Section 512.15. Examples of major changes include but are not limited to the following: boundary changes, changes in the maximum number of structures or residential units; increased density; substantial changes to residential housing type; use changes; access changes, etc. Approval of a major change by City Council must be followed by final approval of a detailed design plan showing such changes as approved by the Planning Commission in accordance with Section 512.6.

512.21 Failure To Begin, Failure To Complete, of [or] Failure To Make Adequate Progress. One year after final approval and each year thereafter, the Zoning Administrator shall present to the Planning Commission a status report on the progress of an approved development. If there is failure to complete, or failure to make adequate progress as set forth in the Statement of Intent, City Council may consider changing the district classification of the Planned Development in accordance with Article X.

512.22 Screening Requirements. Where non-residential commercial uses or structures in a planned unit development abut a residence or residentially zoned parcel, or where non-residential commercial uses or structures abut residential buildings in the same development, such non-residential areas shall be provided with a buffer strip in compliance with Section 726 of this ordinance.

512.23 Public Facilities. Final plans for all public facilities shall be submitted containing all information required in the preliminary plan. All public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plan, or, at the election of the City, escrow deposits, irrevocable letters of credit in a form approved by the City, or performance bonds shall be delivered to guarantee construction of the required improvements.

512.24 Application Fee [for] Planned Unit Development. As planned unit developments are by their nature technical and complex and whereas the City of Liberty has no full time professional planner, applications for PDDs will be accompanied by a fee, to be established by City Council. The fee shall be used by the City of Liberty to retain an engineer, planning consultant, or other such professional to assist in the review of the preliminary plan, amendments to the plan and/or final plan. Upon completion of the project any unused portion of the application fee shall be refunded to the applicant.

512.25 Prohibited Uses. Sexually Oriented Businesses (see Liberty Ordinance 0102) and mobile homes.

The purposes of the Overlay Districts are to promote economic development and provide for a safe, clean, attractive environment in key areas of the city. Overlay Districts include regulations to protect the heritage of Liberty and to provide development standards and guidelines that will result in quality development in the city center, as well as along key entryways into the community.

An overlay district is a separate set of regulations applicable only to a specific geographic area. An Overlay District may grant additional uses, restrict permitted uses, or impose development requirements differing from those in the underlying zoning district. The underlying zoning district and overlay districts together will control development. Overlay district designations are established below.

513.1 Overlay Districts Identified.

City Center Overlay District: The City Center Overlay District shall apply to all parcels zoned Section 509 Core Commercial.

Commercial and Industrial Overlay Districts: Applies to the following Zoning Districts:

502 & 503 Multiple family
506 Office Commercial
507 Neighborhood Commercial
508 General Commercial
510 Limited Industrial
511 Basic Industrial

513.2 City Center Overlay District. The City Center Design Overlay is designed to encourage the redevelopment and expansion of the traditional City center.

Downtowns traditionally form near the convergence of large, coherent neighborhoods. The downtown should provide higher-density, balanced growth of workplaces, commerce, and residential opportunities. The area should balance the needs of pedestrians and automobiles. Increased street connectivity and accessibility in this area is important since it is the community's commercial, civic, and cultural hub. While allowing an array of permitted building types, the district encourages mixed uses, new development in this area should retain and reinforce the area as the commercial center of the City. Transitions from residential neighborhood areas should be accomplished through architectural design and streetscape treatment. Individual buildings are encouraged to be mixed vertically with street level commercial and upper level residential. Higher densities of residential development are encouraged.

513.3 Commercial and Industrial Overlay Districts. The Commercial and Industrial Design Overlay Districts are designed to promote a quality impression of the community, and to provide integration between existing or established neighborhoods and market driven pressures for increased mixed-use development resulting from the location of transportation infrastructure in adjacent areas. Corridors of mixed-use buildings typically form entryways into the formalized City Center and promote a higher level of commercial development due to the presence of transportation infrastructure and high traffic volumes. These districts permit the construction of various scales of commercial activity along the transportation corridors. The intent of this section is to facilitate mixed-use development that will provide convenient access, minimize traffic congestion, and reduce visual clutter along the commercial and industrial districts in Liberty.

The architectural guidelines detailed in this section are enumerated to permit the construction of various building types that relate to the character of the Liberty area, in order to preserve the architectural heritage of Liberty.

513.4 Application of Overlay District Regulations. The design review regulations in this article shall apply to the right to erect, demolish, remove in whole or in part, or alter the exterior appearance of buildings and structures located within overlay districts. Within overlay districts, a certificate of approval is required before any permit for a particular project can be issued. The certificate of approval is based entirely upon the approval of, and any conditions established by, the City of Liberty Board of Architectural Review (Board).

513.5 Exceptions to Overlay District Requirements. These regulations shall not apply to:

1.

Temporary uses or structures permitted by district regulations;

2.

Ordinary maintenance, painting, or repair which does not require a building permit;

3.

Demolition of any structure which the building official certifies, in writing, to the Board, is required to protect the public from unsafe or dangerous conditions.

513.6 Board of Architectural Review Established; Organization.

1.

A Board of Architectural Review (Board) is established to review proposals within architectural review districts. The Board shall consist of five (5) members appointed by the city council. The officers shall be elected for one year terms at the first meeting of each calendar year. Any vacancy in membership shall be filled for the unexpired term by the city council, which shall have the authority to remove any member for cause. No member of the commission may hold another public office position in the city.

2.

The board shall be composed of professionals from among the following fields: architecture, landscape architecture, horticulture, building construction, engineering, and urban planning.

3.

The board shall elect annually a chair and vice-chair from among its members. It shall adopt bylaws and rules of procedure and keep a record of its proceedings in accordance with state law and these regulations. Minutes of meetings shall state the reasons for granting or denying certificates of approval.

4.

Three (3) members of the Board shall constitute a quorum for the conduct of business. The members shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties. The Board shall meet at the call of the chair or at such regular intervals as determined by the Board. Meetings shall comply with the Freedom of Information Act, S.C. Code 1976, § 30-4-10 et seq.

513.7 Powers and Duties of the Board.

1.

The Board of Architectural Review shall review applications for permits for the following activities within overlay districts:

A.

All new buildings and structures, excluding single-family residential development and existing exterior signs for existing commercial buildings;

B.

All changes of use from a residential use to a nonresidential use;

C.

Any alteration that increases the total impervious site area or gross floor area of a building;

D.

All new exterior signs;

E.

All exterior alterations to any non-single family residential structure.

2.

The Board shall issue a certificate of approval for activities which comply with the applicable standards.

3.

The Board may initiate zoning text amendments pertaining to this article.

4.

The Board, by rules of procedure, may delegate to the zoning administrator the authority to approve specified activities, as outlined in this section, which meet all applicable standards in this chapter without review by the Board, subject to appeal to the Board as provided in this article.

5.

The Board may grant an exception from the strict application of architectural review standards to a particular parcel or structure, that would result in unnecessary hardship, and that the property or structure to be protected and the alternative site planning and building design approach meet the same design objectives; and the character of the district will not be harmed by the variance. In granting a variance of architectural review standards, the Board may attach reasonable conditions in conformity with the purpose of this article.

513.8 Overlay Design Guidelines, General. The design guidelines listed in this section shall apply to all overlay districts in the city.

1.

The natural terrain and landscape shall be preserved and protected, where feasible. Trees and shrubs shall not be destroyed indiscriminately.

2.

Scale, location, form, line, color, texture, and other design elements of buildings, structures, and signs shall be in harmony with the character of the district.

3.

Exterior lighting shall be used for safety and comply with Liberty's design.

4.

Open space, parking, pedestrian walks, signs, illumination, and landscaping shall relate to the site and shall provide safe and efficient development with minimum impact on adjoining districts.

5.

Electrical and mechanical equipment, refuse, and storage areas shall be concealed or screened from view.

6.

Applications shall not be approved for projects which will result in aesthetically objectionable structures not in harmony with existing uses in the district.

7.

Proposed development which adversely impacts surrounding property values by reason of factors subject to architectural review shall not be approved.

8.

Signs and advertising form shall be restrained and not detract from the sense of a continuous landscape.

9.

A diversity of architectural styles is encouraged, but individual buildings shall not exhibit arresting or spectacular effects; violent contrasts of materials or colors and intense or lurid colors; a multiplicity or incongruity of details resulting in a restless and disturbing appearance, the absence of unity and coherence in composition not in consonance with the dignity and character of the environs. Materials and colors shall be compatible with natural features and existing buildings in the immediate area of the project.

10.

Preservation of history. The appearance of new structures must be compatible with structures which remain from earlier periods.

11.

Preservation of natural areas. Site development shall minimize impact on natural or scenic areas.

12.

Structures shall have a scale compatible with district uses.

513.9 Overlay Guidelines Specific to the City Center Overlay District.

1.

Architectural style. New buildings should be designed to be respectful in context to the existing built environment, not as explicit reproductions of past historical styles. This regulation does not preclude use of materials, scale or massing found on older buildings. Spatial elements like massing, proportions, scale, setbacks, spaces between buildings, and their relative positions should be used to integrate new buildings into the existing environment.

Buildings that are stylized in an attempt to use the building itself as advertising should be discouraged, particularly where the proposed architecture is the result of a "corporate" or franchise style. New construction should provide variety and diversity and express its own uniqueness of structure, location or tenant.

2.

Scale and proportion. The patterns, sizes, and shapes of elements, materials, and openings all influence a building's scale. Two important considerations are how these elements relate to human size and how they relate to each other in terms of scale. Proportion is the relationship of one dimension to another and creates visual order among the elements of a building.

Height can lend a building dignity and grace. Conversely, it can contribute to unacceptable bulk and dominance. It is the height in combination with other features that results in a positive or negative outcome. The height and scale of each building should take into consideration its site and existing (or anticipated) neighboring buildings.

Windows, doors, columns, eaves, parapets, and other building components should be proportional to the overall scale of the building. Changes of plane should have clearly delineated material transitions.

3.

Façade articulation and detailing. Buildings serve to spatially define streets. Proper spatial definition is achieved with buildings or other architectural elements that make up street edges aligned in a disciplined manner with an appropriate ratio of height to width.

Architectural elements like openings, sill details, bulkhead, posts, and other architectural features should be used to establish human scale at the street level. Buildings should avoid long, monotonous, uninterrupted walls or roof planes on their visible facades. Building wall offsets, including projections, recesses, and changes in floor level should be used in order to: add architectural interest and variety; relieve the visual effect of a single, long wall; and subdivide the wall into human size proportions. Similarly, roofline offsets should be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. For larger scale developments, the building façade should create repetitive bays, or the façades should be divided into a balanced, yet asymmetrical, composition.

All sides of the building should use materials consistent with those on the front if visible from public streets or neighboring properties, and should be carefully designed with similar detailing, and be comparable in quality and materials.

4.

Roof Form and Pitch. The character of the roof is a major feature of all buildings. When repeated along the street, the repetition of similar roof forms also contributes to the sense of visual continuity. In each case, the roof pitch, its materials, size and orientation are all important to the overall character of the building. New construction should not break from this continuity. New structures and their roofs should be similar in character to their neighbors.

5.

Window and Door Proportions and Design. The location of window of [or] door size and location also contributes to a sense of visual continuity along the street. In order to maintain this sense of visual continuity, a new building should maintain the basic window and door proportions and placement seen traditionally.

6.

Signs. A sign typically serves two functions: first, to attract attention, and second to convey information, essentially identifying the business or services offered within. If it is well designed, a building front alone can serve the attention-getting function, allowing the sign to be focused on conveying information in a well-conceived manner. All new signs should be developed with the overall context of the building and of the area in mind.

7.

Building Materials and Color. Building materials of new structures should contribute to the visual continuity of the city center area. They should appear similar to those in existence to establish a sense of visual continuity. While color in itself does not affect the actual form of a building, it can dramatically affect the perceived scale of a structure and it can help to blend a building with its context.

Building materials should be similar to the materials already being used in the city center area, or if dissimilar materials are being proposed, other characteristics such as scale and proportion, form, architectural detailing or color and texture, should be used to ensure that enough similarity exists for the building to relate to its surroundings.

Materials should be selected for suitability to the type of building and design for which they are used. Material or color changes at outside corners of structures, which give the impression of "thinness" and artificiality, are prohibited. Piecemeal embellishment and frequent changes in material should be avoided. Metal buildings should be prohibited.

Commercial building walls should be composed of brick, cast concrete, stucco, stone, marble, or other materials similar in appearance and durability and in keeping with the traditional architecture of the area. Decorative concrete block may be used on building walls not visible from a public street or as an accent material only. All accessory buildings shall be clad in materials similar in appearance to the principal structure.

8.

Mechanical Screening. Utilities that serve properties may include telephone and electrical lines, ventilation systems, utility meters, mechanical equipment, transformers, generators, air conditioners, and similar features or other utility hardware. Adequate space for these utilities should be planned in a project from the outset and they should be designed such that their visual impacts are minimized. Service areas for trash, recycling containers, loading facilities, and site maintenance equipment should be carefully planned as an integral part of a site. At the same time, the visual impacts of service areas should be minimized. When laying out a site, adequate provisions should be made for service areas.

9.

Alignment. The alignment of buildings at the sidewalk's edge should be maintained by locating the front building wall at the sidewalk line when feasible. Where a building must be set back from the sidewalk, landscape elements should be used to define the sidewalk edge.

10.

Building Adaptation. When adapting a residence to a commercial use, the residential character of the building should be respected. Seek uses that are compatible with the traditional character of the building.

11.

New Additions and Expansions. The design of new additions or expansions should be such that the original character of the building can be clearly seen and should be compatible in scale, materials and character with the main building. An addition should not damage or obscure architecturally important features. Any rooftop addition should keep the mass and scale subordinate to the primary building and be in character with the primary structure's design.

12.

Renovation of Existing Structures.

A.

Changing or rebuilding 50% or more of any façade of a building requires the entire building to comply with the regulations.

B.

Changing or rebuilding less than 50% of any façade of a building, requires only that façade to comply.

C.

All new windows, entrances, storefronts, and doorways must be designed in accordance with these regulations.

D.

Any addition of 50% or more of the first floor area requires the entire building to come into compliance.

E.

Routine maintenance and repair are exempt from these requirements.

13.

Design Guidelines for Signs.

A.

Signs should be coordinated with the composition of the overall façade and in proportion to the building such that it does not dominate the appearance.

B.

Signs should be located on a building such that they will emphasize design elements of the façade itself and fit within existing architectural features.

C.

When feasible, a wall sign should be placed such that it aligns with others on the block. If decorative moldings exist that could define a sign panel, locate a flush-mounted sign to fit within the panel formed by the moldings or transom panels.

D.

Window signs may be painted on the glass or hung inside the window and should cover no more than 20% of the total window area.

E.

Projecting signs may be considered. Small projecting signs should be located near the business entrance, just above the door or to the side of it while large projecting signs should be mounted higher and centered on the façade or positioned at the corner.

F.

Sign materials should be compatible with that of the building façade and should use colors that are compatible with those of the building front.

G.

Internally illuminated signs only. Flood lights not allowed.

H.

Flashing signs, signs with flashing or reflective disks, signs with flashing lights or lights of changing degree of intensity or color or signs with electrically scrolled messages (except government signs and signs which give time and temperature information) are prohibited. If a time and temperature sign alternates between a time message and a temperature message it shall continuously show one message a minimum of three (3) seconds in time before switching to the other message.

I.

See Section 600 for other sign regulations.

14.

Under the following conditions nonconforming signs for single businesses shall be removed or brought into conformity within thirty (30) days after written notice by the Zoning Administrator.

A.

The sign is declared unsafe by the Building Official.

B.

The Zoning Administrator determines that the sign is deteriorated or damaged to the extent of 50% of the reproduction costs.

C.

There is a change that required a new sign permit and/or certificate of approval.

513.10 Overlay Guidelines Specific to the Commercial and Industrial Overlay Districts.

1.

Building Materials and Color. Building materials of new structures should contribute to the visual continuity of the commercial and industrial overlay area. They should appear similar to those in existence to establish a sense of visual continuity. While color in itself does not affect the actual form of a building, it can dramatically affect the perceived scale of a structure and it can help to blend a building with its context.

Building materials should be similar to the materials already being used in the area, or if dissimilar materials are being proposed, other characteristics such as scale and proportion, form, architectural detailing or color and texture, should be used to ensure that enough similarity exists for the building to relate to its surroundings.

Materials should be selected for suitability to the type of building and design for which they are used. Material or color changes at outside corners of structures, which give the impression of "thinness" and artificiality, are prohibited. Piecemeal embellishment and frequent changes in material should be avoided. Metal buildings should be prohibited.

Building walls should be composed of brick, cast concrete, stucco, stone, marble, or other materials similar in appearance and durability and in keeping with the traditional architecture of the area. Regular or decorative concrete block may be used on building walls not visible from a public street or as an accent material only. All accessory buildings shall be clad in materials similar in appearance to the principal structure.

2.

Landscaping. Landscape design standards are as follows:

A.

A landscape plan shall be provided for the entire site.

B.

All trees planted in front of the front building line shall be at least two inches in diameter for single-stemmed trees, or 8 to 10 feet in height for multi-stemmed trees at the time of planting.

C.

Existing trees having a DBH (diameter-at-breast-height, measured at 4 1/2 feet above ground level) over eight inches shall be preserved unless removal is approved by the Board of Architectural Review. If a preserved tree dies, it must be replaced with a two-inch-diameter tree of the same or similar tree species, subject to approval by the zoning administrator.

D.

Impervious materials shall not be placed over the critical root zone of a preserved tree. The critical zone is a ratio of one inch DBH to one-foot radius around the tree.

E.

All exposed soil areas shall be covered with bark, mulch, or other weed control measures.

F.

Canopy trees shall be planted along property lines abutting a street at a ratio of one tree for every 30 linear feet in a minimum eight-foot-wide planting strip. Trees may be clustered.

G.

Shrubs shall be evergreen only.

3.

Off-Street Parking.

A.

Parking areas shall be designed as a series of smaller lots that provide space for no more than 20 cars for double-sided parking and ten cars for single-sided parking. The small parking lots shall be separated by minimum five-foot-wide internal planting areas that feature trees planted in grass or other approved landscape material.

B.

In areas where off-street parking is provided in front of the front building line, one canopy tree shall be provided at a ratio of one tree to every five parking spaces in that area.

C.

In areas where parking is provided behind the front building line, each parking space shall be within 50 feet of a planted or retained tree trunk.

D.

Where slopes over five percent exist, parking bays shall be terraced, with planting between changes in level.

E.

Where over 100 parking spaces are provided, pedestrian pathways identified with smaller scale pavement (pavers or scoring) oriented toward the principal building entrance shall be provided.

F.

Each separate planting area shall have a minimum of 150 square feet per tree and shall have a minimum dimension of at least five feet.

G.

In addition to required trees, planting areas shall be landscaped with shrubs, ground cover, or other approved landscaping material not exceeding 3 1/2 feet in height.

H.

Where parking is adjacent to a public right-of-way, a six-foot-wide landscape buffer shall be provided between the edge of the right-of-way and the edge of the parking lot. In addition to the required trees, the buffer shall consist of one of the following:

(1)

Landscape requirements: at least one shrub to every three linear feet.

(2)

Berm requirements with a two-foot minimum height. Berms shall be planted with ground covers and shrubs.

4.

Fencing and screening design.

A.

Screening walls and fencing are allowed only in side and rear yards and behind the front building line, with the exception of outdoor eating and play areas.

B.

Fencing and wall materials shall be consistent with the site and architectural design of the principal structure.

C.

Fences and walls shall be made of masonry, ornamental metal, stucco, or a combination of these materials.

D.

Fences or walls greater than 50 feet in length or six feet in height shall have a change in plane, height, material, or material texture, or significant landscape massing.

5.

Mechanical Screening. Utilities that serve properties may include telephone and electrical lines, ventilation systems, utility meters, mechanical equipment, transformers, generators, air conditioners, and similar features or other utility hardware. Adequate space for these utilities should be planned in a project from the outset and they should be designed such that their visual impacts are minimized. Service areas for trash, recycling containers, loading facilities, and site maintenance equipment should be carefully planned as an integral part of a site. At the same time, the visual impacts of service areas should be minimized. When laying out a site, adequate provisions should be made for service areas. Material shall be made of masonry, metal, stucco or a combination of these materials.

6.

Lighting. Street lighting should be used to enhance the pedestrian experience at night by providing a well-lit environment. Light pole and lamp design should be similar to those used by the City of Liberty. Streetlights should convey a pedestrian oriented scale and convey a color spectrum that is similar to daylight. Exterior lights should be used to accent architectural details, building entrances, signs, and illuminate sidewalks. Visual impacts of site and architectural lighting should be minimized through the use of low intensity white lights that are similar to daylight. Glare should be prevented by using shielded and focused light sources that focus light downward. Unshielded, high intensity light sources and those that direct light upward should not be permitted.

7.

Design Guidelines for Signs - Article VI - Section 600 Sign Regulations.

8.

Nonconforming Signs. Under the following conditions nonconforming signs for single or multiple businesses shall be removed or brought into conformity within thirty (30) days after written notice by the Zoning Administrator.

A.

The sign is declared unsafe by the Building Official.

B.

The Zoning Administrator determines that the sign is deteriorated or damaged to the extent of 50% of the reproduction costs.

C.

There is a change that required a new sign permit and/or certificate of approval.

513.11 Application for Certificate of Approval. In overlay districts, a certificate of approval is required before a building permit can be issued. Application for a certificate of approval shall be submitted through the office of zoning administrator.

1.

Architectural review procedure.

A.

Conceptual review. Applicants are encouraged to meet with the zoning administrator prior to the preparation of working drawings and specifications. The purpose of this meeting shall be to acquaint the applicant with architectural review standards and guidelines. Applicants may meet with the Board of Architectural Review for a tentative reaction to the general design concept of a proposed project. Seven (7) copies of site, landscape, elevation plans, and other information as may be required shall be submitted to the zoning administrator. The contents of applications should thoroughly and accurately convey the architectural details of proposed buildings and structures.

B.

Preliminary review. During preliminary review, the Board shall provide the applicant with specific responses to the application for a certificate of approval. If the materials presented with an application are sufficiently clear, the Board, or its designee, may grant preliminary and final approval.

C.

Final review. At the conclusion of final review, the Board, or its designee, may grant, grant with conditions, or disapprove an application for a certificate of approval.

2.

Delegation of authority to grant applications for certificates of approval. The Board of Architectural Review may delegate its authority to conduct conceptual, preliminary, and final design review regarding any one project or one or more categories of projects to the zoning administrator.

3.

Contents of application.

4.

Review delegated to the zoning administrator. After review of a delegated application and determination that all applicable architectural standards for the district are met, the zoning administrator may issue a certificate of approval. The zoning administrator may defer review of questionable applications to the Board.

5.

Appeal of the zoning administrator's decision. Decisions of the zoning administrator may be appealed to the Board pursuant to procedures set forth in this article.

513.12 Demolition in an Overlay District. Where demolition is proposed in an overlay district, the Board or zoning administrator (if authority is delegated to do so) shall review the circumstances and condition of the structures or part(s) thereof proposed for demolition and may request a report on the feasibility of preservation and plans for replacement. Based on the report, the Board or zoning administrator shall issue a certificate of approval for demolition or replacement, or recommend steps which will result in preservation, either on the site on which the structure is located or another appropriate site to which the structure might be moved. In any event, no later than six (6) months from the date of application, unless the owner of the property agrees to an extension of the time period or unless means acceptable to the owner and to the Board or zoning administrator, a demolition permit shall be issued. Plans for replacement must be approved in accordance with architectural review standards.

513.13 Procedure for Appeal of the Zoning Administrator's Decision. A person aggrieved by a decision of the zoning administrator related to an application for an architectural review certificate of approval may appeal the decision to the Board of Architectural Review, as follows:

1.

The appealing party shall file written notice of appeal with the zoning administrator within thirty (30) days after receipt of written notification of the zoning administrator's decision. The notice of appeal shall specify the grounds of appeal.

2.

The zoning administrator shall provide the Board with all documents in the record upon which the action appealed was taken.

3.

The Chairman of the Board of Architectural Review shall schedule a meeting to hear the appeal. Such meeting shall be scheduled within thirty (30) days of the date upon which the notice of appeal was received.

4.

Notification of the appeal shall be published in a newspaper of general circulation at least fifteen (15) days before the meeting. The person filing the appeal shall be notified of the date, time, and location of the appeals hearing by certified mail at least seven (7) days prior to the meeting.

5.

The appealing party may appear in person or by attorney at the meeting.

6.

The Board shall hear the appeal in accordance with adopted procedure. The Board shall provide a written decision, including findings of fact and conclusions.

7.

The Board shall serve a copy of its decision on parties in interest by certified mail and keep a copy as a permanent public record.

8.

Decisions of the Board of Architectural Review may be appealed to the circuit court within thirty (30) days of the board's decision pursuant to S.C. Code 1976, § 6-29-900.

(Ord. No. 2012-0201, § II, 2-13-2012)