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For the purpose of this article, the Dillon Historic Designations of Commercial Districts, Residential Districts, Neighborhoods, notable properties and properties listed on the National Register of Historic Places are hereby established and are governed by the Historic Overlay Ordinance. The boundaries of the districts, neighborhoods, notable properties and National Register sites shall be designated on the Official Zoning Map of the City of Dillon. All Dillon Historic Designations are subject to standards, guidelines and procedures as set forth herein.
There may be designated one (1) or more districts within the city limits provided that each district consists of at least five (5) acres of contiguous land and the public streetscape is included. The review criteria for the different districts, with the exception of the Dillon Historic Neighborhoods, which have more flexible standards, will be reviewed by the standards listed in § 5-4-72 (D) Consistent Policies. The streetscape shall include any and all elements on or visible from public rights-of-way, parking areas, and areas where easements have been secured. Such elements shall include design, streetscape elements, vegetation, trees, light fixtures, portable signage and other visual elements whether portable or permanent. The purpose of including the streetscape is to enhance the visual image of the historic districts through a well planned coordinated design concept involving all elements placed on or that are visible from public rights of way and areas where easements have been secured.
(A) Commercial Districts.
The Dillon Downtown Commercial District established in June 2000 is defined on the original Map.
(1) Intent of a Commercial District.
(a) Preserve, to reinforce, and enhance the quality of commercial activity, the architectural character, and the physical scale of the commercial district.
(b) Encourage coordinated and planned use of the district as:
1. An attractive central business district.
2. A central area serving the adjoining residential neighborhoods.
3. A location for active but controlled commercial activity.
(c) Encourage rehabilitation of historic structures, development and restoration in harmony with architectural scale and style of the district through an integrated mixture of residential and commercial uses; and
(d) Discourage the intrusion of incompatible uses, the demolition of historic structures, and unnecessary removal or pruning of trees, and the creation of visually prominent parking areas.
(2) Permitted Uses.
Apartments located in existing or new buildings on floor levels that do not exit immediately to ground level |
Clubs, lodges, civic, fraternal, social, or similar non-profit organizations on floor levels that do not exit immediately to ground level |
Convenience stores |
Day care facilities |
Finance, insurance, and real estate offices, including banks and loan offices |
Government buildings or facilities |
Offices for commercial, personal, medical, legal and other services |
Parking lots |
Public utility substations and facilities |
Retail trade involving the sale of merchandise on premises, including food stores, retail stores, automobile dealers, service stations, apparel and accessories, eating and drinking establishments primarily engaged in the retail sale of prepared food and drinks which may also serve alcoholic beverages as a subordinate to meals for on-premises consumption (but excluding alcoholic drinking establishments primarily engaged in the retail sale of alcoholic drinks, such as night clubs, saloons, taverns, wine bars, beer garden drinking places, beer parlor tap rooms, beer taverns, bottle club drinking places, cabarets, cocktail lounges, discotheque alcoholic beverages, tap room drinking places and alcoholic beverage bar drinking places primarily providing services such as beer, ale, wine, whiskey and liquor for on-premises consumption. Manufactured home sales lots, boat and trailer sales lots are also hereby excluded) |
Services to individuals and businesses, including personal services, social services, business supplies and services, amusement and recreation, entertainment, health services, and repair services and rental services for household items, (but excluding establishments primarily engaged in operating pool rooms or pool parlors, billiard rooms or billiard parlors; either in their own or in other places of business) |
Signs, in accordance with the provisions of § 5-4-59-2 |
Telephone, telegraph, radio, and television services, but excluding communications towers |
Temporary uses, in accordance with the provisions of § 5-4-59-3 |
(a) The following words and phrases, whenever used in this ordinance, shall be construed as defined in this section:
1. "Alcoholic Drinking Place" means an establishment that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, deriving fifty percent (50%) of their gross revenue from the sale of alcohol and in which the serving of meals is only incidental to the consumption of such beverages.
2. "Restaurant" means an establishment that is primarily devoted to the serving of food and drinks for consumption by guests on the premises, deriving fifty percent (50%) of their gross revenue from the sale of food and drinks in which the serving of alcoholic drinks is only incidental to the consumption of such meals. The business must have a Class A restaurant license from the Department of Health and Environmental Control and must have a kitchen that is used solely for the preparation, serving and disposal of solid foods that make up meals to include seating for not less than forty (40) persons simultaneously at tables for the service of meals.
3. "Meals" means an assortment of various prepared foods which shall be available to guests on the licensed premises during normal mealtimes which occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages and other snacks prepared off the licensed premises but sold thereon, shall not constitute a meal. The business must have a menu or a posted listing of available meals. Hot meals must be prepared at least once each day the business is open for business.
4. "Primarily" means for the most part of a business activity engaged in by a business establishment.
(b) Drive-through windows shall not be permissible with any of the aforementioned permitted uses within the Dillon Historic Overlay District.
(Am. Ord. 05-05, passed 4-11-2005)
(3) Architectural and Site Design Requirements.
(a) Off-street parking shall not be established between the street and the front facade of the structure.
(b) Floors or porches shall be at the same level as floors within the structure or within eight (8) inches of the level of those floors.
(c) The predominant eave-line for new construction shall be two (2) stories in height. However, if existing structures over fifty (50) years old on both sides of the proposed structure are single story then the new structure must be single story. For the purpose of this subsection, a story shall have a maximum height of fourteen (14) feet and a minimum height of nine (9) feet from finished floor to finished floor.
(d) There shall be no flat roof without a parapet or a balustrade at least three (3) feet in height erected above the roofline of the facade structure.
(4) Public Sidewalk Planters and Window Boxes.
(a) DOT Criteria.
1. Public sidewalk must have five (5) feet of clear unobstructed space, measured from the inside of the curb.
2. Street corners shall not have any obstruction of view for pedestrians or vehicular
traffic.
3. Entry ways: Planters and plant materials must not be within twenty-four (24) inches of an entry way.
(b) Definitions.
1. PLANTER.
Container in which ornamental plants are grown.
2. WINDOW BOX.
Container designed to hold soil for growing plants at a windowsill, either on window sill or support brackets.
3. OWNER.
COA applicant.
(c) Historic District.
1. COA is required for original planters and any future planters which are not exact replacements.
2. No COA is required for the types of plant materials.
3. Owner assumes full responsibility and liability for planters, window boxes and plant materials.
4. Hanging containers are not permitted due to there instability/movement and height requirements (eight (8) feet minimum).
(Am. Ord. 03-25, passed 12-8-2003)
(5) Planters.
(a) Planter Placement.
1. a. Planter must be placed up against the facade of the building.
b. Planter shall not be placed in the area behind the city benches plus six (6) feet either side so as to maintain the eighteen (18) foot pedestrian clearance.
2. a. Planter may not extend more than twenty-four (24) inches toward street into sidewalk from the facade.
b. Plant materials must not extend more that thirty (30) inches into the sidewalk area.
(b) Planter Specifications.
1. Appearance must be tasteful and appropriate for historic district.
2. Planter shall not be permanently attached to the sidewalk.
3. Planter shall be of substantial material and weight so as not to be blown over or easily turned over.
4. Planter must contain live plant materials, artificial plant material is not allowed.
5. Planter shall not display any advertising signage.
6. Planter must be removed if owner does not keep it planted and well maintained. If owner is requested by city to remove the planter(s) for non-compliance, a daily fine shall be imposed on the owner.
(c) Horticulture.
1. Plant materials shall be well maintained, dead material is to be replaced.
2. Plant materials must be kept pruned so as not touch the sidewalk and interfere with pedestrian traffic.
3. Vines and trailing plants must be kept pruned off the sidewalk and facades.
(d) Maintenance.
1. Planter and area around planter must be kept clean and free of litter and plant debris
2. Water runoff from planters must not remain on sidewalk as must be immediately removed
(Am. Ord. 03-25, passed 12-8-2003)
(6) Window Boxes.
(a) Window boxes, brackets and decorative hardware may not extend further than twelve (12) inches from the facade.
(b) Boxes must be placed under windows (ground level or second floor) either on the sill or brackets.
(c) Boxes shall be securely attached to the facade. The use of metal brackets is preferred.
(d) Boxes must contain live plant materials.
1. Plant materials on the lower facade may not extend more than twenty-four (24) inches and may not touch the sidewalk.
2. Second floor boxes must not have plant materials extending more than thirty (30) inches toward the sidewalk.
3. Water and plant debris must be kept off the sidewalk.
(e) Boxes shall not display any advertising signage.
(f) Boxes must be removed if owner does not keep them planted and maintained or if owner vacates/abandons the building. If owner is requested by city to remove the boxes for noncompliance, a daily fine shall be imposed on the owner.
(Am. Ord. 03-25, passed 12-8-2003)
(7) Sidewalk Sales. It is the intent and purpose of this division (A)(7) to benefit the residents of the city as a whole in order to allow sidewalk sales to be permitted within the designated Dillon Downtown Commercial Historic Overlay District within guidelines, so as to promote pedestrian traffic in the commercial area of downtown, enhancing the attractiveness of the downtown, and making beverages, food and retail wares conveniently available for members of the public, without creating a health and safety hazard or inconveniencing pedestrians, the following provisions of this division (A)(7) are hereby adopted.
(a) Definitions. For the purposes of this division (A)(7) the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING RETAIL BUSINESS PROPERTY. Any real property used for retail business which abut, but is not located in the public sidewalk area.
APPLICANT. Any individual business owner, firm, partnership, corporation, the agent or employee having charge or control of a business in the absence of the principals.
EFFECTIVE WALKUP WIDTH. That portion of the sidewalk in the public sidewalk area which is reasonably available for use by the pedestrian stream moving through the area including use by persons using mobility aid devices.
PUBLIC SIDEWALK AREA. The sidewalk area located in the public right-of-way or in an area in which the public has an easement for sidewalk purposes, or both.
SIDEWALK SALES AREA. The effective walkup width area of the public sidewalk in front of commercial buildings of which the perimeter do not encroach beyond the first. thirty (30) inches (two-and-a-half feet) from the front property line of each retail business property, perimeter is measured from the business front property line.
(b) SCDOT Criteria.
1. The effect of walkway width of the public sidewalk shall have five (5) feet of clear unobstructed space, measured from the inside of the curb. It shall be the duty and responsibility of the individual business owner or applicant having charge or control of a business conducting sidewalk sales to calculate the proposed five (5) feet pedestrian effective walkway width area to insure that sidewalk sales does not materially impede accessibility for use by the pedestrian stream moving through the area including use by persons using mobility aid devices.
2. Street. corners shall not. have any obstruction of view for pedestrians or vehicular traffic.
(c) Requirements. It. shall be the duty and responsibility of the individual business owner or applicant having charge or control of a business conducting sidewalk sales to:
1. Provide a document, approved as to form by the City Attorney, in which the individual owner or applicant agrees to indemnify and hold harmless the city for losses, damages, claims or expenses arising out. of the use of the sidewalk sales area, the city shall not be liable for any injury to property or personal injury, including death, caused by the failure to maintain sidewalk sales in a reasonably safe condition;
2. Calculate the proposed five (5) feet, pedestrian effective walkway width area to insure that sidewalk sale's does not materially impede accessibility for use by the pedestrian stream moving through the area including use by persons using mobility aid devices, the effect, of walkway width of the public sidewalk shall have five (5) feet of clear unobstructed space, measured from the inside of the curb;
3. Ensure sidewalk sales area be located next to the abutting retail business property, and all items be placed within the perimeter of the sidewalk sales area as provided within the provisions of this division (A)(7); and
4. Assure the sidewalk will not be littered, to include providing placement of adequate trash receptacles and periodic picking up of litter in the sidewalk sales area.
(d) Location.
1. Sidewalk sales shall only be allowed within the designated Dillon Downtown Commercial Historic Overlay District in front of commercial buildings adjacent to a sidewalk by the retail business owner and/or applicant of subject lot, provided that the sidewalk sales space do not encroach beyond the first thirty (30) inches (two-and-a-half feet) from the front property line of the commercial building.
2. No part of the sidewalk sales area shall be located within:
a. Fifteen (15) feet of any bus loading zone;
b. Five (5) feet of any taxi stand area, cross walk, driveway, alleyway, or access ramp; or
c. Five (5) feet of any building standpipe or building hydrant, unless the Fire Chief or Fire Chief's designee determines upon inspection that access to the standpipe or hydrant is not impeded by a sidewalk sales area that is within five (5) feet of the standpipe or hydrant.
(e) Restrictions.
1. Sidewalk sales by an individual business owner or applicant having charge or control of a business as permitted under this division (A)(7) shall only be allowed to sell or display merchandise, beginning at sun up and ending at sundown.
2. Sidewalk sales shall not be accompanied by crying out or hawking.
3. When sidewalk sales activity is not being conducted, the individual business owner or applicant shall immediately remove from the sidewalk sales area all display of merchandise associated with the sidewalk sales.
4. Pedestrians shall not be exposed to any undue safety or health hazard nor shall a public nuisance be created, and, not withstanding other sections of this division (A)(7), the individual business owner or applicant shall keep the public sidewalk area in front of or adjacent to the sidewalk sales area abutting retail business property cleared at all times.
5. Sales of beverages and food may not be made to a person in or on any motorized vehicle.
6. The individual business owner or applicant shall be required to obey the commands of city code enforcement officials, law enforcement officials, firefighters, and all other public authorities acting pursuant to law with respect to activity carried out in the sidewalk sales area.
(f) Violations. Any person violating any provision of this chapter shall be deemed guilty of an offense and shall be subject to a fine of up to two hundred dollars ($200) or imprisonment for not more than thirty (30) days upon conviction. Each day of violation shall be considered a separate offense. Punishment. for violation shall not relieve the offender of liability for delinquent penalties and costs provided for herein.
(Ord. 18-02, passed 5-14-2018)
(B) Residential Districts.
A Dillon Residential District was established in June 2000 and is defined as shown on the original Map.
(1) Intent of a Historic Residential District.
(a) Reserved for low density residential purposes and the preservation of the residential streetscape.
(b) Encouragement of restoration and preservation of historic structures, out buildings, and enclosures such as fences and gates.
(c) Restrict further development to structures that may vary in design but relate to or are compatible with the specific area, street or block.
(d) To protect the district from new construction that does not reflect the historic character area.
(e) Avoid unwarranted encroachment of commercial or other uses affecting the historic character of a residential district or the streetscape.
(2) Permitted Use.
All uses permitted within the R-7 Single-Family Residential District as shown in § 5-4-57-7, (but excluding and prohibiting two-family dwellings (duplexes) and multi-family dwellings as permitted uses within the designated residential boundaries of the Historic Overlay District):
(a) Parking.
1. Minimum off-street parking requirements: § 5-4-57-7.
2. Off-street parking shall be provided and shall not be established between the street and the front facade of the structure. Off-street parking may be provided by a public parking area located not more than three hundred (300) feet from the structure.
3. Parking areas planned for more than three (3) vehicles require appropriate screening from adjoining properties and public right-of-ways.
4. Hardscape areas (parking, walks, driveways, patios) must be surfaced with reduced noise materials appropriate for the district
5. All light fixtures for parking and hardscape areas must be appropriate for the district and shall not be placed as to brightly illuminate adjoining properties or the public right-of-way.
6. New planned parking areas shall not cause the unnecessary removal of trees. Protection from ground compaction shall be provided for each tree to the drip line
(b) Waste Storage, Trash Containers . Services and materials connected with adaptive use shall not be located between the street and the front facade of the structure and must be appropriately screened from adjoining properties and public rights of way.
(c) Signage. In addition to the underlying district ordinances:
1. Interior illuminated signs are prohibited.
2. No sign which displays intermittent or flashing illumination.
3. No more than one (1) freestanding sign and/or one (1) wall sign.
(3) Adaptive Use.
Historic structures, notable structures and structures in a residential historic district may be adapted for permitted uses as listed for R-7 in § 5-4-57. A COA and an adaptive use permit are required.
(a) Restrictions.
1. Revocable if all conditions and restrictions are not met.
2. The permit is considered null and void if not in operation within one (1) year of original date of issue.
3. Non-transferable.
4. Change in adaptive use requires a new permit.
(b) Procedure and Requirements. Submit the following to Planning and Zoning Commission:
1. Certificate of Appropriateness.
2. Business overview listing type of business, hours of operation, expected volume, and percentage used for adaptive use and residence use.
3. Site plan, to scale, indicating off-street parking accommodations, traffic flow, entrances and exits, buffer areas, and placement of trash and storage containers.
(c) Planning and Zoning Commission shall take into account:
1. Impact to the neighborhood.
2. Appropriateness of maintaining the character of the neighborhood.
3. Traffic flow.
4. Public opinion.
5. Adaptive, productive use of a historic structure.
6. The unnecessary removal of trees and shrubbery.
Uses permitted in the R-7 code 5-4-57; 2-4: Bed & Breakfast (B&B), B&B Inn, Group Homes, Home Occupations, Multi-Family Dwellings require that a COA is obtained and the property meet all applicable building and fire codes and comply with all business licenses, revenue collection, and health laws of he City of Dillon, and the State of South Carolina.
(a) Bed and Breakfasts (Homestay, Host Home, Cottage, Guesthouse).
1. Definition. Bed and Breakfast (Home Occupation, § 5-4-57-4): This type facility is defined as primarily a resident occupied single-family dwelling or portion thereof, offering lodging for compensation, with or without breakfast, to guests residing no more than seven (7) consecutive days. No meals other than breakfast may be served to overnight guests unless catered.
2. Restrictions. There must be no other B&B within the historic district located within five hundred (500) feet of the proposed B&B. Distances shall be measured from the property line.
(b) Bed and Breakfast Inns (Manors).
Proposed B&B inns may make application to the Planning and Zoning Commission prior to operation as a bed and breakfast and in addition, serve meals and host such events as wedding receptions and business meetings, and reunions by providing the following for consideration:
1. Business plan with floor plan of serving areas and kitchen facilities, sample of menus, hours of operation, expected volume, percentage of structure to be used for serving versus guestroom use.
2. Site plan, to scale, indicating off-street parking accommodations, hardscape areas, traffic flow, entrances and exits, buffer areas, placement of trash and storage containers.
3. Restrictions. There must be no other B&B within the historic district located within five hundred (500) feet of the proposed B&B. Distances shall be measured from the property line.
4. Planning and Zoning shall take into account:
a. Impact to the neighborhood.
b. Appropriateness of maintaining the character of the neighborhood.
c. Traffic flow.
d. Noise and light levels at night.
e. Adaptive, productive use of a historic structure.
f. Public opinion.
5. Group Homes. Provided that they conform to the special requirements of this subsection of § 5-4-47-3.
a. Off-street, on site parking must be provided at the location of the group home for a number of vehicles, which shall not exceed the number of existing bedrooms, plus one (1) vehicle found at that location.
b. No on-premises signage or on-premises advertising of a structure as a group home will be permitted.
6. Multi-Family Dwellings.
Interior modification of structures is allowed to accommodate two (2) to three (3) dwelling units provided further that the total combined living area should be at least two thousand (2,000) square feet for a two-family and, at least three thousand (3,000) square feet for a three-family unit.
7. Public Use. Land adapted for public use such as recreation, public utility stations requires submission of a site plan for COA indicating buffer areas and materials screening adjoining properties
8. New Construction or Additions.
Unless specified elsewhere in this chapter, or unless subject to relief under conditions set forth in § 5-4-47, Rights-of Way and Easements, residences and uses permitted in the residential historic district shall be required to conform to the following standards and regulations:
a. Certificate of Appropriateness.
b. Landscaping. A scale site plan indicating plant materials and trees, buffer areas and screening, hardscape surfaces (driveways, walks and parking), and exterior lighting must be submitted to BAR for approval.
(Am. Ord. 07-11, passed 6-11-2007; Am. Ord. 12-01, passed 3-12-2012; Am. Ord. 17-09, passed 10-9-2017)
(A) Criteria.
A structure, group of structures, property, site of district or neighborhood may be designated that of historic importance if it meets one or more of the following criteria:
(1) Historic and Cultural Importance.
(a) Built more than fifty (50) years ago and has significant character, interest or value as part of the development, heritage.
(b) Is the site of an historic event with a significant effect upon society.
(c) Exemplified the cultural, political, economic, social or historic heritage of the community.
(2) Architectural, Engineering Importance.
(a) Portrays the environment in an era of history characterized by a distinctive architectural style.
(b) Embodies those distinguishing characteristics of an architectural type or engineering specimen.
(c) Is the work of a designer whose individual work has significantly influenced the development of Dillon.
(d) Contains elements of design, detail, materials or craftsmanship which represent significant innovation.
(3) Geographical Importance.
(a) By being part of or related to a square, park or other distinctive area, should be developed or preserved according to a plan based on an historic, cultural or architectural motif.
(b) Owing to its unique location or singular physical characteristic represents an established and familiar feature of the neighborhood, community.
(4) Archeological Importance.
Has yielded or may be likely to yield information important in pre-history or history.
(B) Classifications.
(1) Dillon Historic.
An area may be designated as a "Dillon Historic Commercial or Residential District" where it meets one (1) or more of the above criteria.
(2) Dillon Historic.
An area may be designated as a "Dillon Historic Neighborhood" where it meets one (1) or more of the above criteria and where the following two (2) criteria apply:
(a) There is a sizable number of properties in the subject area which are not considered to contribute to the architecture or historical significance of an area; and
(b) The cultural values or financial resources of a significant number of property owners in the subject area as reasonably considered by the Dillon City Council are such that flexible standards of the Dillon Historic Designation are appropriate. The flexible standards shall be outlined in the guidelines.
(3) Notable Properties.
Individual structures within the city limits may be designated as "notable properties." The Dillon City Council may designate structures as "notable properties" where it reasonably determines that those structures embody a particularly high degree of significance in accordance with the criteria listed above.
(4) Structures Built Prior to 1936.
Any structure within the city limits built prior to 1936 and meeting one (1) or more of the criteria above may be designated a "notable property" by the City Council.
(5) National Register of Properties.
All structures and districts listed on the National Register of Historic Places within the city limits.
(A) Establishment and Purpose.
The Board of Architectural Review has been established for the specific purpose of preservation and protection of Dillon's designated historic districts and properties for their unique, special or desired character by means of restrictions and conditions governing the right to erect, demolish, remove in whole or in part, alter their exterior appearance pursuant to S.C. Code §§ 6-29-710 and 6-29-870 and be appointed by the City Council and will hereinafter be referred to as the BAR. The BAR shall adopt by-laws upon the recommendation of the Planning and Zoning Commission and the City Council. Exterior appearance shall include architectural character, general composition, and general arrangement of exterior structure, including the kind, color, and texture of the building material and type and character of all windows, doors, light fixtures, signs, awnings, and all appurtenant elements visible from any street or public thoroughfare. BAR shall promote an all-encompassing historic design concept through regulation of the public streetscape within districts.
(B) Membership.
(1) Requirements.
(a) No member may hold any other public office.
(b) The governing authority or authorities creating the BAR may remove any member of the Board, which it has appointed.
(c) Each BAR member shall attend at least one (1) information or educational meeting per year, pertaining to the work and functions of the BAR, to historic preservation, or to operations of federal, state, and local preservation programs.
(2) Number.
The BAR shall consist of nine (9) members with a demonstrated interest, competence or knowledge of historic preservation. Two (2) non-voting consultant members shall be professionals in the discipline of architecture, history, architectural history, planning, archeology, or related disciplines, including urban planning, American studies, American civilization, cultural geography, cultural anthropology, engineering, real estate, law, banking, construction and urban streetscape design with experience in urban arboriculture.
(3) Appointment Criteria.
All Board members shall be a resident of the city or own property within a historic district unless otherwise indicated and shall be appointed by the City Council following any of the criteria listed within (a) through (g) below; (h) and (i) are required:
(a) One (1) person representing the designated Dillon Residential Historic District who is a resident and property owner within the residential district.
(b) One (1) person representing the Dillon Downtown Historic District who must own property in the Downtown District.
(c) One (1) person who owns or rents a commercial business in the Downtown Historic District.
(d) One (1) person recommended by the Dillon Historic Society who is a member and is not required to be a resident of the city or own property within a historic district.
(e) One (1) person recommended by the Downtown Revitalization Committee.
(f) One (1) person recommended by the Planning and Zoning Commission.
(g) One (1) person representing a residential area not included in a designated district.
(h) One (1) South Carolina Licensed General Contractor representing the Dillon Downtown Historic District who is not required to be a resident of the city or own property within a historic district.
(i) One (1) South Carolina Licensed Residential Builder representing the Residential Historic District who is not required to be a resident of the city or own property within a historic district.
(4) Terms.
Board members shall serve until removed by City Council for cause. Any vacancy on the Board shall be filled by appointment as approved by the City Council in accordance with the above criteria. Members of the BAR shall serve without compensation, but may be reimbursed for any expenses as approved by the City Manager while representing the Board.
(C) Powers and Duties.
(1) Powers.
The BAR has binding power of review involving the structures and the districts with streetscapes designated as historically important as may be determined by the historic district zoning ordinance and as stated.
(2) Education.
The BAR shall endeavor to educate the community about their own historic resources and preservation.
(3) Certified Local.
The BAR shall assist the Code Enforcement Director in submitting the annual report of BAR activities required by the State Historic Preservation Office (SHPO). The annual report form will include the number of cases reviewed, disposition of cases, new local designations, Commission appointments, new or revised resumes, attendance records, minutes or a synopsis of the minutes, and local preservation plans and projects.
(4) Disqualification.
Any member of the BAR who has a direct or indirect interest in any property which is the subject matter of, or is affected by decision of the BAR shall be disqualified from participating in the discussion, decision, or proceedings of the BAR in connection therewith.
(5) Amendments to the Historic Overlay Ordinance.
(a) The BAR from time to time shall re-evaluate the historic overlay ordinance and make recommendations to Planning and Zoning for amendments or additions to the ordinance.
(b) Planning and Zoning shall then make their recommendations to the City Council.
(D) Consistent Policies.
(1) The Secretary of the Interior’s Standards for Rehabilitation.
The Secretary of the Interior's Standards for Rehabilitation are hereby adopted. The BAR, in the exercise of its authority, shall utilize "The Standards."
(2) Streetscape Guidelines and Maintenance Requirements.
The Bar shall consult SCDOT landscape policies for recommendations regarding landscaping, streetscape and horticultural maintenance issues.
(3) Design Guidelines.
The guidelines shall be presented to the Planning and Zoning Commission for their approval and the recommendation for acceptance by the City Council.
(a) Commercial. The BAR shall create "commercial design guidelines" detailing specific exterior issues which shall cover but are not limited to such commercial design matters as: design, signage, awnings, lighting, display of merchandise, security devices, sidewalk encroachments, murals, other pertinent issues and streetscape issues within historic districts such as streetscape elements, lighting, vegetation, trees and other elements placed on or visible from public rights-of-way or where easements have been secured.
(b) Residential. The BAR shall create "residential design guidelines" detailing specific exterior issues which shall cover but are not limited to appropriate historic design, architectural features, doors, windows, porches, roofs, chimneys, shutters, exterior lighting, garages and outbuildings, additions, and enclosures such as fences and gates.
(Am. Ord. 09-07, passed 5-11-2009)
Based upon the criteria set forth in § 5-4-69, the Board of Architectural Review (BAR) shall establish a process of continual evaluation and surveys of structures and sites within the city limits of Dillon. Upon review of proposed designations, make subsequent recommendations regarding designations to the Planning and Zoning Commission for recommendation to the City Council.
(A) Requests.
Requests for the establishment or modification of a Dillon Historic Designation may originate with the Planning and Zoning Commission, City Council, the BAR or any interested citizen or citizen group and be presented to the BAR for consideration.
(B) Research.
The BAR shall conduct preliminary research of the request to determine eligibility under the standards set forth in § 5-4-71. The BAR may conduct informal meetings by invitation to owners of properties to be designated individually or as a district or neighborhood, seek advice or preservation professionals and historians, and conduct or receive any preliminary research or studies to assist with its decision.
(C) Eligibility.
After review of the information gathered in the preliminary research, the BAR should vote on whether the area or property is eligible. If the BAR determines the area or property is eligible to become a Dillon Historic Designation, it shall prepare a report which will detail the boundaries of the district or location of the property, document the history and significance of the area, and provide photographs of the properties within the area. The report shall be submitted to the Planning and Zoning Commission for their review and a recommendation made to City Council.
(D) Public Hearings.
After the Planning and Zoning Commission holds a public hearing and makes a recommendation the report shall be sent to City Council as a request for an amendment of a historic overlay to the Official Zoning Map. City Council shall hold a public meeting to consider the proposed Dillon Historic Designation. All property owners as identified in county tax records shall be notified in writing at least thirty (30) days in advance of this meeting by first class mail. Property owners may appear at the public meeting before Council to voice their approval or opposition to the designation.
(E) Objections.
(1) Individual Properties or Notable Property. Any property owner may object in writing to BAR designating their property as individually historic or as a notable property at the time of the first public meeting regarding the proposed designation. Objections for individual properties or notable properties shall be binding.
(2) District Properties.
Any property owner may object in writing to the decision by the BAR to recommend designation of his property as historic, either contributing or non-contributing, at the first public meeting regarding designation. Followed by the appeals process as outlined in S.C. Code § 6-29-900
The owner or owner's representative with the owner's signature of approval must sign an application for a Certificate of Appropriateness.
The BAR shall require data and materials in the form of an application for a "Certificate of Appropriateness" as are reasonable and necessary to determine the nature of the application. An application shall not be considered complete until all the required data and materials have been submitted. Nothing shall prevent the applicant from filing additional relevant information.
Upon receipt of a completed COA application, the Code Enforcement Director may seek advice from the Chairman of the Board of Architectural Review and Downtown Revitalization Coordinator concerning the nature of the application, and is hereby authorized to immediately issue construction permits for “Certificate of Appropriateness” (COA) applications that are in compliance with the City of Dillon Code of Ordinances which do not involve a change in the frame structural appearance of a building or dwelling and do not destroy defining characteristics of the Dillon Historic District. Designations relating to the following exterior construction, maintenance and/or repair of minor landscaping features to include all signs within the designated Dillon Historic Overlay District, whether temporary or permanent, in order to expedite the permitting process for “Certificate of Appropriateness” (COA) applications: such as, but not limited to; (a) business signs, identification signs, mobile signs, occupancy signs, lettering signage on windows, awnings and canopies; (b) construction of paved surfaces, driveways, sidewalks and other such exterior features such as: (1) hardiplank or other composite materials resembling the thickness and texture of wood; (2) replacement wood windows with original configuration including muntin detail materials; (3) plexi-glass used for enclosures or construction no less than one quarter (l/4) inch thickness; and (4) wood, aluminum, or brick/block fence material enclosures or construction.
The Board of Architectural Review (BAR) shall consider and approve the aforementioned “Certificate of Appropriateness” (COA) application(s) which do not involve a change in the frame structural appearance of a building or dwelling and do not destroy defining characteristics of the Dillon Historic District designations at the next scheduled meeting of the BAR.
(A) Historic Structures.
(1) No designated historic structure may be demolished or removed, in whole or in part, nor may the exterior architectural character of the structure be altered until after an application for a “Certificate of Appropriateness” (COA) has been submitted to the BAR and approved.
(2) No plywood or such like construction material may be displayed in windows and door openings of buildings within the Dillon Commercial Historic Overlay District unless an application for a “Certificate of Appropriateness” (COA) has been submitted to the BAR and approved.
(3) Vinyl Siding and Trim. All vinyl siding and trim or such like construction material in whole or in part are hereby prohibited hereafter within the designated Dillon Historic Overlay District. HardiPlank or other composite materials resembling the thickness and texture of wood shall be considered by the Board of Architectural Review (BAR) after a Certificate of Appropriateness (COA) is submitted to the BAR for approval.
(4) Vinyl or Vinyl Clad Windows.
(a) Vinyl or vinyl clad windows to include vinyl sills and frames shall be permitted to be installed and used in any building, structure or accessory uses within the Dillon Historic Overlay District subject to the provisions within divisions (b) through (d) below.
(b) Prior to installation, all vinyl or vinyl clad windows to include vinyl sills and frames proposed to be installed in any building, structure or accessory uses within the Dillon Historic Overlay District shall be certified and installed in compliance with the latest edition of the International Building Code and/or International Residential Code and/or International Energy Conservation Code as adopted and amended by the South Carolina Building Code Council and the City of Dillon Code of Ordinances as amended.
(c) Applicants seeking to install vinyl or vinyl clad windows as replacement windows to include vinyl sills and frames in any building, structure or accessory uses within the Dillon Historic Overlay District which do not alter or modify original window size, muntins be the same as the original windows, compliance with egress is fulfilled in accordance with the latest edition of the International Building Code and/or International Residential Code and/or International Energy Conservation Code as adopted and amended by the South Carolina Building Code Council and the City of Dillon Code of Ordinances as amended, shall not require approval by the Board of Architectural Review (BAR). However, prior to installation thereof, a Certificate of Appropriateness (COA) application must be obtained from the Code Enforcement Department, returned and completed by the applicant in its entirety accompanied by a sample of the actual paint chip describing and identifying the color of the proposed vinyl or vinyl clad windows to include vinyl sills and frames to be installed for the purpose of ensuring that the exterior color and installation of vinyl or vinyl clad windows do not destroy the integrity of the historic building, structure, accessory uses or its environment, prior to work beginning.
(d) Applicants seeking to design or install new exterior window additions in excess of existing exterior windows and/or where no windows exist in any building, structure or accessory uses within the Dillon Historic Overlay District shall be considered by the Board of Architectural Review (BAR) after a Certificate of Appropriateness (COA) is submitted to the BAR for approval, prior to work beginning.
(5) Plexi-Glass Enclosures. All proposed plexi-glass used for enclosures or construction is to be no less than one quarter (1/4) inch thickness. Tempered glass material enclosures or construction shall be considered by the Board of Architectural Review (BAR) after a Certificate of Appropriateness (COA) is submitted to the BAR for approval.
(6) Chain Link and Vinyl Fences. All proposed chain link and vinyl fence enclosures or construction in whole or in part are hereby prohibited hereafter within the designated Dillon Historic Overlay District. Wood, aluminum, or brick/block fence material enclosures or construction shall be considered by the Board of Architectural Review (BAR) after a Certificate of Appropriateness (COA) is submitted to the BAR for approval.
(7) Satellite Dishes. The new installation and use of a satellite dish visible from the historic district rights-of-way are hereby prohibited hereafter unless an application for a "Certificate of Appropriateness" (COA) has been submitted to the BAR and approved.
(8) Flashing, Lighted or Electronic Signs. Flashing, lighted or electronic signs are hereby prohibited hereafter within the designated Dillon Historic Overlay District with the exception of standard appropriate size "open" signs which may flash or be lighted and do not require a "Certificate of Appropriateness" (COA) approval.
(9) Broken Windows. To preserve the integrity of the historic structures and improve the appearance of blighted buildings, missing or broken windows in whole or in part are hereby prohibited within the commercial district of the designated Dillon Historic Overlay District and must be brought into compliance with the City of Dillon Code of Ordinances. The owner of record of such building maintained in violation of this ordinance which has missing or broken windows, shall be ordered by the Code Enforcement Director. Twenty-one (21) days notice in writing shall be given to the owner of the building or premises on which such building is located, to submit a "Certificate of Appropriateness" (COA) to the Board of Architectural Review (BAR) for approval to bring the building into compliance with this ordinance. Any person who fails to comply with this ordinance shall be deemed guilty of a misdemeanor in accordance with § 1-3-48.
(10) Paint Color Charts.
(a) Every applicant seeking to paint a building, structure or accessory uses within the Dillon Historic Overlay District shall select a color from the paint color chart as approved and established within this subsection.
(b) Applicants selecting to use paint colors approved within this subsection do not require approval by the Board of Architectural Review, however, a (COA) Certificate of Appropriateness application must be obtained from the Code Enforcement Department and completed in its entirety accompanied by a paint sample of the actual paint chip describing and identifying the paint color to be used and shall be returned to the Code Enforcement Director prior to work beginning.
(c) All painting shall be done and completed in a professional and workmanlike manner in accordance with the City of Dillon Code of Ordinances within three (3) months from the date of receipt on the Certificate of Appropriateness application. The applicant may request for an extension of time due to unforeseen hardship. Such request for extensions shall be made in writing stating the reasons thereof. At the discretion of the Code Enforcement Director an extension may be granted not to exceed thirty (30) days.
(d) Paint colors and placement shall be appropriate for the building, structure or accessory uses relating to architectural style and design.
(e) Paint should be of high quality applied to properly prepared surfaces to provide a long lasting finish.
(f) All exterior surfaces, which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed.
(g) All exterior surfaces, which have been painted, shall be maintained free of peeling and flaking.
(h) Any exterior color changes shall not destroy the integrity of the historic building, structure, accessory uses or its environment.
(i) Any and all paint colors not identified as approved colors within this subsection shall be submitted and presented to the Board of Architectural Review for their review and approval prior to work beginning.
(j) Ordinary maintenance and repair of any of the existing exterior features of a building, structure or accessory uses within the Dillon Historic Overlay District that do not involve a change in any of the following: design, type of material, color, size or outward appearance shall be exempt from the review and approval of a (COA) Certificate of Appropriateness process.
(11) Paint Color Chart for Signs Within the Historic Commercial District.
(b) Applicants selecting to use paint colors approved within § 5-4-74(A)(10) of the City of Dillon Code of Ordinances and § 5-4-74(A)(11) do not require approval by the Board of Architectural Review, however, a Certificate Of Appropriateness (COA) application must be obtained from the Code Enforcement Department and completed in its entirety accompanied by a paint sample of the actual paint chip describing and identifying the paint color to be used and shall be returned to the Code Enforcement Director prior to work beginning.
(c) All painting shall be done and completed in a professional and workmanlike manner in accordance with the City of Dillon Code of Ordinances within three months from the date of receipt on the certificate of appropriateness application. The applicant may request for an extension of time due to unforeseen hardship. Such request for extensions shall be made in writing stating the reasons thereof. At the discretion of the Code Enforcement Director an extension may be granted not to exceed 30 days.
(d) Paint colors and placement shall be appropriate for commercial signs relating to architectural style and design.
(e) Paint should be of high quality applied to properly prepared surfaces to provide a long lasting finish.
(f) All exterior surfaces, which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed.
(g) All exterior surfaces, which have been painted, shall be maintained free of peeling and flaking.
(h) Any exterior color changes shall not destroy the integrity of the historic building, structure, accessory uses or its environment.
(j) Ordinary maintenance and repair of any of the existing exterior features of a sign within the Dillon Historic Overlay District that do not involve a change in any of the following: design, type of material, color, size or outward appearance shall be exempt from the review and approval of a Certificate Of Appropriateness (COA) process.
(k) Any person violating any provision of this section by not applying for a Certificate Of Appropriateness (COA) and a permit (if required) prior to doing work in the historic district, other than maintenance, shall be subject to a fine of up to $500 or imprisonment for not more than 30 days upon conviction. Work shall immediately cease and the property shall be returned to its original appearance as of 2002 benchmark district photos. Each day of violation shall be considered a separate offense until the property is restored.
(12) Maintenance and Appearance Code. It is the purpose of the provisions of this Code to provide a practical method whereby buildings or structures, which diminish property values or detract from the appropriate appearance of the Dillon Downtown Commercial Historic Overlay District, may be required to be repaired. The Downtown Commercial Historic Overlay District is deemed by the City of Dillon to require supplemental regulations because of its special economic importance. This area is deemed to constitute an "overlay zone" as defined in S. C. Code § 6-29-720(C). The provisions of this Code are cumulative, and in addition to any other remedy provided by law, including the current editions of standard codes adopted by the City of Dillon.
(a) Scope. The provisions of this Code shall apply to all commercial buildings or structures whether occupied or vacant within the designated area. The City Manager or his designee shall be responsible for carrying out the provisions of this Article.
(b) Boundaries of the Dillon Historic District. The boundaries and parcels of the Dillon Historic District shall be the same as the B-l Dillon Commercial Historic Overlay District.
(c) Responsibilities of the Dillon Design Review Board. In matters related to this Article the rules and procedures governing the approval of repairs or work shall be the Design Guidelines and related Dillon City Code of Ordinances as adopted by the Dillon City Council for Downtown Dillon.
(d) General Duties and Responsibilities of the Owner. It shall be the duty and responsibility of the owner to ensure that buildings and structures affected by this Article are maintained and repaired per the following:
(1) The exterior of the structure is to be maintained in good repair. In general, the term good repair shall mean that the structure(s) shall be free from broken glass from exposed windows; failed, failing or unattached gutter systems; failed or failing exposed wood elements that are either an architectural feature, a structural element, or placed on the structure for some other purpose; and/or other failed or failing plastic, metal, brick, stone or other building materials found on the exterior of the structure(s).
(2) All structures and decorative elements of building fronts, sides and rears shall be repaired or replaced in a workmanlike manner to match as closely as possible the original materials or as approved.
(3) Structures at the rear of buildings, attached or unattached to the principal structure, which are structurally deficient, shall be repaired or demolished upon approval.
(4) All extraneous elements on building walls and roofs and surrounding premises which serve no useful or aesthetic purpose, such as empty electrical or other conduits, unused sign brackets, etc. shall be removed.
(5) If the building is used for storage, the contents shall be masked from view of the public from the street right-of-way, public parking lots, or pedestrian corridors.
(6) If the building is unoccupied, the owner shall cause the building to be maintained in such a way as to prevent it from looking abandoned. In general, it is the intent of this paragraph to cause the building to blend in with other occupied buildings within the immediate area. In addition, the building shall remain broom clean with all debris and other waste removed from inside the building.
(7) The owner shall also be responsible for compliance with other sections of the City Code as they relate to nuisances and the abatement of nuisance conditions.
(e) Specific Duties and Responsibilities of the Owner.
(1) Walls. In the event that a wall of a building has become exposed as a result of demolition of adjacent buildings, all doors, windows, vents or other similar openings exposed by the demolition must be either restored or closed. It shall be the responsibility of the property owner or agent causing the exposure of the wall to make required repairs and bring the building into compliance. Additional work required and time schedule allowed shall be the following:
a. The removal of any protruding or loose materials.
b. The owner or agent causing the exposure shall submit an application and schedule for compliance to the City within sixty (60) days of demolition.
(2) Windows. In general, all windows shall be in good repair. For the purpose of this section, the term good repair shall mean that windows are tight fitting and have sashes of proper size and design. In addition, sashes with rotten wood, broken joints, or broken mullions shall be replaced. Good repair shall also mean that exposed wood is sealed or otherwise protected and that the window is free of broken or cracked glass. For windows that are four (4) square feet or larger and are broken, the following rule shall apply: A glass pane is not required to be replaced if the largest single portion of the pane, which is free of cracks, is eighty percent (80%) or greater of the total surface area of the glass pane.
(3) First-floor. Existing windows shall be maintained as windows, complete with sills, lintels, frame and glass, unless changes are specifically approved by the Board of Architectural Review.
(4) Upper floor(s). Existing windows may be closed as approved by the Board of Architectural Review.
(5) Signage and display windows. The following regulations shall apply to window advertising and/or display window space:
a. No more than twenty-five percent (25%) of a storefront window may be covered by advertising signs. This restriction shall not apply to signs permanently painted on or etched into the window that serve as the business identification sign.
b. The interior area of enclosed display window space(s) shall be maintained in a manner free of dirt, debris and clutter. If the display window space is not enclosed, the area measured from the bottom of the window to twenty-four (24) inches inside the building shall be considered the display window space.
c. Temporary signage shall not be placed on the exterior of any building or structure. All temporary signage must be on the inside of the window and shall be considered when calculating the twenty-five percent (25%) allowance for window signage. For the purpose of this section temporary signage shall be defined by the City of Dillon Zoning Regulations and/or the Design Guidelines.
d. All other signage shall be in conformity with the City of Dillon Zoning Regulations and/or the Design Guidelines.
(6) Allowable exceptions. The following exceptions for window treatments are available if approved by the Board of Architectural Review.
a. Upper story windows:
1. Use of inoperable glass inserts.
2. Use of painted wooden shutters.
3. Use of public art.
4. Other options as approved.
b. Alley windows:
1. Use of painted shutters.
2. Other options as approved.
c. Back streets:
1. Use of painted wooden shutters.
2. Other options as approved.
(7) Protection of exterior surfaces and facades. All exterior surfaces which require painting or sealing to protect the underlying surface(s) from deterioration shall be so painted or sealed. As a matter of regulation, when twenty-five percent (25%) or more of the aggregate exterior surface of any wall face has peeling or flaking paint the entire area shall be repaired. An exception to this regulation may be granted by the City where the owner or owner representative, as a matter or design maintains the underlying paint, advertising sign or art work in a satisfactory manner.
(8) Advertising structures, signs, and awnings. All advertising structures and awnings and their accompanying supporting members shall be maintained in good repair and shall be in compliance with the development codes for the City of Dillon. Non-complying signs, billboards, marquees, or awnings shall, together with their supporting members, be removed. It is the intent of this section, to cause the removal of all abandon signs or like structures within the designated Dillon Commercial Historic Overlay District.
For awnings or marquees which are made of cloth, plastic or similar material, such as awnings, or marquees shall be maintained so as not to show evidence of excessive tearing, ripping, and unsightly conditions. For the purpose of this section, excessive tearing shall be defined as a tear in excess of six (6) inches in length. In the event that the awning covering has been removed, the supporting members may remain in place for a period not to exceed four (4) months if the intent is to replace the covering.
(9) Cornices. All cornices shall be structurally sound and maintained/protected. Rotten or weakened portions shall be removed and/or replaced to match as close as possible the original patterns as approved by the Board of Architectural Review.
(10) Downspouts. Sheet metal gutters and downspouts shall be functional, replaced or repaired as necessary and shall be properly located and securely installed.
(f) Notice of violation and penalties. Any violation of the provisions of this Article is hereby declared a public nuisance and shall be corrected or abated as required by this Article. Further, violation(s) of this Article shall be subject to the provisions of the Dillon City Code of Ordinances governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance. When an owner is found to be in violation of this Article, the City may serve upon such person a written notice stating the name of the violation.
Within thirty (30) days from the date of receipt of the notice of violation, the owner shall submit to the City a plan for the satisfactory correction of the violation which shall include acceptable milestones and other remedies to abate the violation. Within two weeks of submittal, the City shall review the correction plan and respond in writing to the owner of its acceptance, rejection, or recommended modification(s) to the plan.
Upon acceptance of the plan by the City, the owner shall abate the public nuisance in a manner consistent with the approved plan. The City's duly appointed official may amend the plan, upon a written request by the owner or the owner's representative. All amendments shall be in writing and upon acceptance by the City shall be made part of the accepted correction plan. A phased schedule approach toward compliance may be acceptable. However, if a phased schedule approach is proposed it shall not exceed six (6) months from the date of acceptance by the City.
(B) New Structures.
No new structures may be erected within a designated historic district or neighborhood until after a COA is submitted to the BAR and approved and city permits issued.
(C) Built Prior to 1936.
No inventoried structure, built prior to 1936, and within the city limits may be demolished or removed in whole or in part until after a COA from the BAR is approved or the period of postponement in the case of application for partial or total demolition provided for in § 5-4-101 (BAR By-Laws) has expired.
(D) Signage, Awnings and Canopies.
A COA is required for permanent signage, awnings, canopies and the design and non-changeable components of the portable signs such as menu boards or sales easels.
(E) Public Rights-of-Way and Easements.
A COA is required for streetscapes, streetscape elements, vegetation, light fixtures, other elements or items placed on public rights of way or property easements, whether temporary or permanent within a designated historic district.
(F) Historic District Tree Replacement.
(1) No tree(s) within a residential historic district may be removed, in whole or in part until after an application for a “Certificate of Appropriateness” (COA) has been submitted to the Board of Architectural Review (BAR) and approved.
(2) In order to maintain the appearance of the residential historic district, the Board of Architectural Review (BAR) recommends the replacement of a tree to be removed with a similar tree (i.e. hardwood with hardwood) either on private or public property, or if appropriate, on the Department of Transportation (DOT) right-of-way under the city’s encroachment permit within the residential historical district.
(3) Certificate of Appropriateness (COA) requests for removal of any tree more than 2.5 inches cal. dbh (diameter at breast height) or multi-stem of more than ten (10) feet tall will require:
(a) An appropriate reason for removal. Examples: determined hazardous by city certified arborist;
(b) A photograph of the yard showing which tree(s) are to be removed;
(c) A scaled landscape plan indicating where replacement tree(s) are to be located. The new tree does not have to be planted in the same location as the one to be removed;
(d) Tree(s) may be selected from the South Carolina Forestry Urban Tree Guide and at maturity must be equal to the tree removed. Example: if a large tree is to be removed, a large maturing tree must be planted, with the exception of trees under power lines. The Urban Guide has the trees listed by height. Tree species must be listed on the Certificate of Appropriateness (COA);
(e) New tree(s) must be at a minimum of 2.5 inches caliper dbh or if container grown - twenty (20) gallon or multi-stem of a minimum of ten (10) feet tall;
(f) Certificate of Appropriateness (COA) may be approved at any time of the year, however replacements are to be planted at the earliest winter season from December to February. Failure to replace trees(s) following an approved removal shall be subject to a fine not exceeding two hundred dollars ($200) and/or by imprisonment not exceeding thirty (30) days until replacement is completed. Each day any violation of any provision(s) of this section shall continue shall constitute a separate offense; and
(g) If the owner requests the tree replacement to be placed on the South Carolina Department of Transportation (DOT) right-of-way, the city will choose the appropriate species, purchase the tree, plant and maintain it. The owner is responsible for the cost of the tree which will vary with species. The estimated cost is between One hundred twenty-five dollars ($125) up to two hundred dollars ($200).
(G) Violations.
Any person violating any provision of this chapter by not applying for a "Certificate of Appropriateness" (COA) and a permit (if required) prior to doing work in the historic district, other than maintenance, shall be subject to a fine of up to five hundred dollars ($500) or imprisonment for not more than thirty (30) days upon conviction. Work shall immediately cease and the property shall be returned to its original appearance as of 2002 benchmark district photos. Each day of violation shall be considered a separate offense until the property is restored.
(Am. Ord. 06-19, passed 11-13-2006; Am. Ord. 07-18, passed 9-10-2007; Am. Ord. 10-01, passed 3-8-2010; Am. Ord. 10-10, passed 9-13-2010; Am. Ord. 11-11, passed 7-11-2011; Am. Ord. 12-03, passed 4-19-2012; Am. Ord. 12-04, passed 4-9-2012; Am. Ord. 14-01, passed 3-10-2014; Am. Ord. 17- 07, passed 7-10-2017)
(A) Maintenance and Repair.
Ordinary maintenance and repair of any of the existing exterior features of a structure that do not involve a change in any of the following: design, type of material, color, size or outward appearance shall be exempt from the review and approval.
(B) Temporary Signage.
A COA is not required for temporary signs: (e.g. going out of business signs), standard auxiliary signs (e.g. "open," "welcome," hours of operation, credit card decal signs), and components of portable signs, which change regularly (e.g. menu boards on easels). Nothing in this article shall be construed to prevent the construction, reconstruction, alteration or demolition of any elements of a structure that authorized municipal officers certify as required for public safety.
(C) Maintenance and Replacement of Streetscape Elements and Vegetation.
COA is not required for maintenance and replacement of vegetation. Change of materials or visual appearance, such as pruning require a COA.
(D) ADA Handicapped Ramps.
A Certificate of Appropriateness (COA) is not required for ADA handicapped ramps provided that the handicap ramp does not change the facade or structure of the building and does not destroy defining characteristics.
(E) Hazardous Trees Emergency Abatement.
No tree(s) within a residential or commercial historic district may be removed, in whole or in part until after an application for a "Certificate of Appropriateness" (COA) has been submitted to the Board of Architectural Review and approved with the exception of historic trees that have been determined emergency hazardous by the City of Dillon Certified Arborist due to the forces of nature (i.e. struck by lightning, high winds, etc.) and pose an immediate emergency threat to human life or safety of the public. The dangerous hazardous trees shall be removed by the owner in accordance with the advice of the City of Dillon Certified Arborist. Within three (3) days after the emergency incident, the Code Enforcement Director shall submit a "Certificate of Appropriateness" (COA) to the Board of Architectural Review along with a photograph of the yard showing which tree(s) are to be removed for the purpose of information and describing the necessary requirements ordering the repairs and/or abatement of the emergency unsafe hazard conditions.
(F) Unsafe Structure or Building Emergency Abatement.
No structure or building within a residential or commercial historic district may be demolished, removed, in whole or in part, nor may the exterior architectural character of the structure be altered until after an application for a "Certificate of Appropriateness" (COA) has been submitted to the Board of Architectural Review and approved with the exception of the following (emergencies); any building, structure or portion thereof that has been determined an immediate emergency hazard and threat to the public safety as determined by the City of Dillon Building Inspector and Code Enforcement Director due to the forces of nature (i.e. struck by lightning, high winds, fire hazard, or otherwise poses an immediate emergency threat and danger to human life). The building shall be ordered repaired immediately by the owner in accordance with the latest edition of the International Building and Residential Codes, National Electrical Codes and all related mandatory codes as amended and approved by the South Carolina Building Codes Council in order to abate the emergency unsafe condition. Within three (3) days after the emergency incident. The Code Enforcement Director shall submit a "Certificate of Appropriateness" (COA) to the Board of Architectural Review along with a photograph of the building or structure in question for the purpose of information describing the necessary requirements ordering the repairs and/or abatement of the emergency unsafe hazard conditions.
(Am. Ord. 10-10, passed 9-13-2010)
When a COA and a building permit are issued, the building official or other designated staff member will conduct timely inspections of the alteration, construction or demolition as approved by the COA. The property owner shall be required to have a copy of the COA and support materials and the building permit on the premises for inspection. If alterations, construction and/or demolition are noted which are not in accordance with the COA or violate other ordinances, this information shall be immediately transmitted to the Code Enforcement Director, who shall also notify the Chairman of the BAR. If the building official finds that the alteration, construction or demolition is not in accordance with or is in violation of the COA, he shall issue a "stop work order" and notify the recipient of the COA and the Code Enforcement Director, in writing, indicating the nature of the violation and ordering the action necessary to correct it. If corrective action is not taken to comply with the COA, persons in violations shall be subject to penalties as described in the Zoning Ordinance of the City of Dillon.
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