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(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.
A person who may have a substantial interest in any decision of the BAR or any officer, or agent of the appropriate governing authority may appeal from any decision of the BAR to the circuit court in and for the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty (30) days after the affected party receives actual notice of the decision of the BAR.
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