§ 33.050 DESIGN REVIEW BOARD.
   (A)   Purpose.
      (1)   The Design Review Board is established to protect the character and village atmosphere of the commercial districts; to preserve and protect any buildings or areas of historic significance; to promote the general welfare of the city and of the public in general; to preserve property values; to insure the harmonious, orderly, and efficient growth and development of the city; to preserve significant natural scenic areas; and to promote a pedestrian friendly business district.
      (2)   The Design Review Board shall review all new construction, renovations, or other changes to the exterior appearance of all buildings in the commercial districts of the city. The Board's authority shall also extend to signs, fences, and accessory structures erected in the commercial districts.
      (3)   Nothing in this subchapter shall be construed to prevent the ordinary maintenance, exterior painting or repair of any exterior elements of any existing building or structure with like for like materials and colors; nor shall anything in this subchapter be construed to prevent the construction, reconstruction, alteration or demolition of any such elements, which the authorized municipal officers shall have certified as required by public safety.
(Ord. 25-17, passed 9-26-17)
   (B)   Composition and duties.
      (1)   The Board shall consist of five full-time, year round residents and registered voters appointed at-large by City Council. When making appointments, Council shall give preference to one member being an architect, one member being a realtor, one member being a city planner or landscape architect, and one member being a licensed general or residential contractor. Experience and length of residency of a prospective member should be considered.
      (2)   The Board shall review all new construction, renovations, or other changes to the exterior of any building in the commercial districts to ensure that:
         (a)   New buildings and renovations employ practical elements native to southern coastal communities such as porches, decks, abundant windows and doors, awnings, and ample roof overhangs as a basic philosophy. These elements combined with wall and roof articulations should be employed to break up the massing so that a compatible scale and visual interest is achieved.
         (b)   The design addresses the entire exterior envelope of the building so that it does not appear to be a facade attached to a disparate box.
         (c)   Ornamentation is simple, artful, or interesting without appearing overbearing or contrived.
         (d)   Buildings show a respect for the past while not being overtly constrained by convention.
         (e)   The landscape is preserved in its natural state, in so far as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping within the general appearance of neighboring developed areas.
         (f)   Proposed structures relate harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings.
         (g)   Vehicular and pedestrian circulation, including walkways, interior drives, and parking, are safe and convenient and do not dominate or detract from the design of proposed buildings and structures and the neighboring properties.
         (h)   Wherever feasible, onsite electric, telephone and other utility lines shall be underground or screened.
         (i)   Outdoor storage areas, expanse of parking, exposed machinery installations, service areas, truck loading areas, utility buildings, and structures and similar accessory areas are screened in such a way incongruous with the existing or contemplated environment and the surrounding properties.
      (3)   When considering applications, the Board shall also consider, among other things, architectural and aesthetic features, the nature and character of the surrounding area, the use of any structures, the character and appropriateness of design, the scale of building(s), the arrangement and texture of material(s), color, and the relation of such elements to similar features of structures in the immediate surroundings.
      (4)   The Board may deny approval of a design based on, but not limited to, the following considerations:
         (a)   Arresting and spectacular effects; appearance;
         (b)   Violent contrasts of materials or colors and intense or lurid colors;
         (c)   A multiplicity or incongruity of details resulting in a restless and disturbing appearance;
         (d)   The absence of unity and coherence in composition not in consonance with the dignity and character of the present structure in case of repair;
         (e)   The construction, remodeling, or enlargement of an existing building that does not match the prevailing character of the area;
         (f)   Overbearing massing;
         (g)   Excessive repetition of design elements, treatments, or modules; and/or
         (h)   Lack of architectural interest.
   (C)   Meetings.
      (1)   The Design Review Board shall meet at least monthly at a date and time set by the Board.
      (2)   A Board member who is associated with an application to the Board of Design Review which might influence his or her vote, shall abstain from voting on the application to avoid a conflict of interest. The member may be present at the presentation of the application to answer questions, if required; however, he/she shall leave the room during the voting.
   (D)   Documentation required for review.
      (1)   Accelerated review. Accelerated review may be granted for minor projects involving repair or alterations to existing buildings if the drawings and other data submitted are sufficiently clear and explicit. Documentation required for accelerated review:
         (a)   Architectural plans and exterior elevations drawn to a minimum scale of 1/8 inch = 1 foot showing exterior appearances and architectural design of buildings (including proposed and existing materials and textures).
         (b)   Site plan and landscape plan drawn to a minimum scale of 1 inch = 20 feet, graphically indicating the location of existing trees to be retained on the site, the locations, varieties and sizes of trees and plant materials to be planted on the site, other pertinent landscape features, and the type of irrigation system to be installed.
         (c)   Photographs showing streetscape and all sides of structure.
      (2)   The Board shall conduct a conceptual, preliminary, and final review of all projects not eligible for accelerated review. Applications for each review must be made at least ten days prior to the next scheduled meeting of the Design Review Board.
      (3)   Conceptual review. Documentation required for conceptual review:
         (a)   Schematic site plan, illustrating; proposed footprint(s) of the building(s); parcel boundaries; proposed access and exterior circulation; approximate basic dimensions; and all trees that are subject to protection under the tree ordinance.
         (b)   Basic, sketch elevation(s) of the proposed building(s).
      (4)   Preliminary review documentation required for preliminary review:
         (a)   Site plan drawn at a minimum scale of 1/32 inch = 1 foot showing the existing and proposed structure(s) on the lot with the dimensions relative to the property line; existing neighboring building(s) adjacent to the property line; exterior pedestrian and vehicular circulation, including driveways, parking areas, sidewalks, boardwalks, porticos, patios, galleries, and other open-air spaces and routes accessible or integral to exterior circulation; location of circulation lighting fixtures; tree survey, depicting all protected trees on the site, indicated for protection or removal; graded and landscaped areas, including structural elements integral to engineering or design, such as walls and gates; location, size, and type of signage and inhabitable accessory buildings.
         (b)   Building elevations drawn at a minimum scale of 1/16 inch = 1 foot; showing the following vertical dimensions; existing grade, proposed grade, finish floor elevations; and building height; roof slopes; fenestration, entrances, and other voids in the building envelope; indication of cladding materials; and exterior protrusions and spaces, including but not limited to, stoops, stairs, cupolas, elevator penthouses, awnings and canopies, porches and balconies, railings, and chimneys.
         (c)   Panoramic photograph including a general view of the street showing the building, site and adjacent property (streetscape); individual photographs of the buildings immediately adjacent to and across from the site; and a frontal view of the building site from the street.
         (d)   Contextual model showing the new building in existing environment if and when required by the Board of Design Review.
      (5)   Final review. Documentation required for final review:
         (a)   Site plan drawn to a minimum scale of 1 inch = 20 feet, showing the proposed structure(s) on the lot with the dimensions relative to the property line; existing neighboring building(s) adjacent to the property line; demolition of existing site features; and location of all proposed site features such as parking, driveways, walls, gates, and location and size of mechanical equipment, landscaped areas, and accessory buildings.
         (b)   Floor plans drawn at a minimum scale of 1/8 inch = 1 foot depicting the arrangement of the interior spaces of the first floor plan should show the relationship between the first and ground floors and the site. Show the location of windows and doors, mechanical equipment, electrical meter location, and electrical service access.
         (c)   Building elevations and typical building cross section through all elevations drawn at a minimum scale of 1/8 inch = 1 foot, including vertical dimensions; existing grade; proposed grade; finish floor elevations; roof slopes; mechanical vents and equipment; location and type of outdoor lighting fixtures that must conform to lighting requirements in §§ 151.47 through § 151.49 and §§ 134.30 through 134.99; design and location of signage; and proposed material selections and textures, indicated by hatching where appropriate, including those for wall cladding, roofs, chimney flues, gutters and downspouts, and porches and railings.
         (d)   A landscape plan drawn to a minimum scale of 1 inch = 20 feet, showing the location of existing trees to be retained or removed on the site; the locations, varieties, and sizes of trees and plant materials (graphically indicated) to be planted on the site; other pertinent landscape features; and indication of the type of irrigation system to be installed, where applicable.
         (e)   Typical construction details, and typical wall section.
         (f)   Materials specification outline with samples, brochures, and/or photographs of all exterior materials, colors, finishes, and fixtures.
         (g)   Contextual model showing the new building in the existing environment, if and when required by the Board of Design Review.
         (h)   Panoramic photograph showing a general view of the street showing the building, site and adjacent property (streetscape); individual photographs of the buildings immediately adjacent to and across from the site; and a frontal view of the building site from the street.
         (i)   Drawings of proposed signs illustrating the proposed lettering and graphics drawn to scale, colors of the proposed sign shall be indicated on the drawing, and actual color samples shall also be furnished. Any proposed illumination techniques shall be indicated on the drawing.
      (6)   The Board may opt to approve or conditionally approve one or more portions of a project submitted for review in order to allow the applicant to progress that portion of the project to the next phase of design review or to allow that portion of the project to gain a certificate of approval and be submitted for land development permits.
   (E)   Contempt. In case of contempt by a party, witness, or other person before the Design Review Board, the board may certify this fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.
   (F)   Appeals.
      (1)   A person who may have a substantial interest in any decision of the Design Review Board or an officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county, by filing with the clerk of the 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 days after the decision of the board is mailed.
      (2)   A property owner whose land is the subject of a decision of the board of appeals may appeal either:
         (a)   As provided in division (F)(1); or
         (b)   By filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with S.C. Code § 6-29-915. Any notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.
(Ord. 25-17, passed 9-26-17)