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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.
(A) Denial of COA.
Upon denial of a COA, an application for a Certificate of Economic Hardship may be made on a form approved by the BAR and provided by the Code Enforcement Director.
(B) Determination Process.
The BAR shall schedule a public hearing concerning the application and provide notice in the same manner as § 5-4-79(E). Any person may testify at the hearing concerning economic hardship in the same manner as § 5-4-80. The BAR may solicit expert testimony or require that the applicant make submissions concerning any or all of the following information before it makes a determination on the application:
(1) Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the BAR for changes necessary for the issuance of a COA.
(2) A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
(3) Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal: after any changes recommended by the BAR; and in the case of proposed demolition, after renovation of existing property for continued use.
(4) In the case of proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experiences in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
(5) Amount paid for the property, the date of purchase, and the party from whom purchased, including the description of the relationship, if any to the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.
(6) If property is income producing, the annual gross income from the property for the previous two (2) years: itemized operating and maintenance expenses for the previous two years; depreciation deduction and annual cash flow before and after debt service, if any during the same period.
(7) Remaining balance on any mortgage or other financing secured by the property owner and annual debt service, if any, for the previous two (2) years.
(8) All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property.
(9) Any listing of the property for sale or rent, price asked, and offers received, if any, in the last two (2) years.
(10) Assessed value of the property according to the two (2) most recent assessments.
(11) Real estate taxes for the past two (2) years.
(12) Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other.
(13) Any other information, including the income tax bracket of the owner, applicant or principal investors of the property considered necessary by the BAR to make a determination as to whether the property does yield or may yield a reasonable return to the owners.
(Am. Ord. 07-18, passed 9-10-2007)
Upon disapproval of the plans, the BAR shall state its reasons for doing so and transmit a dated record of such action and reasons in writing to the applicant. In addition to stating the reasons for denial, the BAR may also make general or specific recommendations in order for the application to be approved. The applicant may then make modifications to the plans and resubmit the application. After receiving denial of a COA, any applicant has the right to appeal the BAR's decision as provided herein.
(A) Forms of Appeal.
(1) Appeals from administrative decisions regarding an issue under BAR's purview shall be appealed to the BAR. Certificates of hardship shall be filed on forms approved by the BAR provided by the Code Enforcement Director. The BAR may require additional information if deemed necessary to make a determination. The failure to submit adequate information may be grounds for dismissal. An application filed by an agent shall be accompanied by written designation of the agent signed by the applicant or party in interest.
(2) Appeals from BAR decisions shall follow procedures outlined in S.C. Code § 6-29-900.
(B) Time of Appeal.
An appeal from a BAR decision must be filed within fifteen (15) days after the recorded date of notice of the decision. The appeal must be filed with the Code Enforcement Director who shall then notify the Chairman of the BAR.
(C) Calendar.
The Code Enforcement Director shall mark the date of receipt of appeals and applications for variances and place them on the hearing calendar in the order in which received. Appeals shall be heard in the order on the calendar unless otherwise set by the BAR for good cause shown.
(D) Withdrawal of Appeal.
Any appeal or application may be withdrawn by written notice filed with the Code Enforcement Director prior to the action of the BAR. An appeal that is withdrawn may not be refiled after the fifteen (15) day time for appeal has expired. Withdrawn applications for variances may be refiled after six (6) months and shall be placed on the calendar according to the date refiled.
(E) Continuances.
The Code Enforcement Director shall publish the hearing of the BAR in a local newspaper and post on or adjacent to the property affected at least fifteen (15) days prior to the hearing. The notice shall contain a description of each matter to be heard and identify the applicant and property affected.
(A) Appearances.
The applicant or any party in interest may appeal in person or by agent or attorney. The BAR may postpone or proceed to dispose of the matter on the records before it in the absence of an appearance on behalf of an applicant.
(B) Witness.
Parties in interest may present testimony under oath. Witnesses may be compelled to attend by subpoena requested at least ten (10) days prior to a hearing and signed by the chairman. The BAR may call its own witness when deemed appropriate.
(C) Cross-Examination.
No party shall have the right to cross-examine witnesses; however, the opportunity to examine opposing witnesses may be freely extended when conducted in an orderly manner. Intimidation of witnesses will not be allowed.
(D) Evidence.
Relevant documents, photographs, maps, plans, drawings, etc. will be received in the record without authentication in the form of legible copies. Relevant testimony that is not cumulative or hearsay will be received. The Chairman will rule on all evidentiary matters. Evidence may be placed in the record with an objection noted.
(E) Conduct of Hearing.
Conduct of Hearing: The normal order of hearing, subject to modification by the Chairman, shall be:
(1) Statement of matter to be heard ( Chairman or secretary).
(2) Presentation by applicant (five (5) minute limit).
(3) Presentation by official appealed (five (5) minute limit).
(4) Presentation by opponents (five (5) minute limit).
(5) Rebuttal by applicant (three (3) minute limit).
(6) Un-sworn public comment when appropriate.
(7) The BAR may question participants at any point in the hearing.
(8) Matters in which additional time is granted may be moved to the end of the agenda.
(F) Disposition.
The BAR may deliberate and make a final disposition of the matter by majority vote of the members present at the hearing and qualified to vote; provided that not less than a quorum are qualified to vote. The vote may be taken at the same or subsequent meeting. A member may not vote on a matter the member has not heard. Deliberations shall be conducted and votes taken in public.
(G) Form of Order.
Any order issued disposing of a matter by granting or denying relief with such conditions as may be deemed necessary; or affirming, modifying, or reversing an administrative decision. A matter may be dismissed for lack of jurisdiction or prosecution. Findings of fact and conclusions of law shall be separately stated in an order.
(H) Service of Order.
The Code Enforcement Director shall deliver a copy of an order to each party in interest by certified mail immediately upon execution of the order by the Chairman.
(I) Rehearing.
The BAR may grant a rehearing of an applicant which has been dismissed or denied upon written request filed with the Code Enforcement Director within fifteen (15) days after delivery or the order accompanied by new evidence which could not reasonably have been presented at the hearing, or evidence of a clerical error or mutual mistake of fact affecting the outcome.
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