The Architectural Review Board shall organize itself as follows:
(A) Creation. There is hereby created an Architectural Review Board (hereinafter referred to as the “ARB”) to be composed of seven members appointed by the Mayor and City Council (hereinafter referred to as “the Council”), City of Goose Creek. The Council will consider for appointment to the ARB only those persons who reside in the city and have demonstrated their civic interest, general knowledge of the city, independent judgment and availability to prepare for and attend meetings. Members shall also have a demonstrated interest in, and/or competence and knowledge of, architecture, landscape architecture and urban design. It is the intent of City Council that members shall, by reason of diversity in their individual occupations, constitute an ARB which is broadly representative of the Community.
(B) Terms of office. The members of the ARB shall be identified by place numbers one through seven. The four odd-numbered places shall expire on December 31, of each odd-numbered year, with the three even-numbered to expire on December 31, of each even-numbered year. Vacancies shall be filled for unexpired terms. ARB members may be appointed to succeed themselves. All terms shall be for two years, except those initially appointed to the ARB whose terms expire on December 31, of the first odd or even numbered year as stated above. Newly appointed members shall be installed at the first regularly scheduled ARB meeting after their appointment. No member shall be the holder of an elected public office in the city while serving on the ARB.
(C) Vacancy. A vacancy in a term of office shall occur whenever Council finds that a member has resigned, not maintained required qualifications, has not attended properly called meetings without just cause or has been found guilty of malfeasance or misconduct in office.
(D) Intent and purposes. The intent and purposes of the ARB are as follows:
(1) To protect and provide for the unique, special and desired character of the Commercial and Light Industrial Districts and uses inside the City of Goose Creek, in terms of positive visual and aesthetic appearances of these districts and uses including their respective roadways;
(2) The above intent and purpose can be achieved through positive site design, superior architectural standards, attractive street scape improvements, adequate provision of landscape elements and harmonious combinations of signage along both sides of the roadways and street scales of the City of Goose Creek;
(3) To discourage piecemeal development and create unity along the Commercial and Light Industrial Districts and uses of the city;
(4) To foster civic beauty;
(5) To encourage designs which produce a desirable relationship between individual buildings, the circulation system and adjacent areas and to permit a flexible, high quality response of development to a variety of land uses and activities;
(6) To assure respect for the character, integrity and quality of the built and natural environments of the city; and
(7) It is not the intent of the city to stifle innovative architecture.
(E) Duties and powers. All new developments proposed within the Commercial and Light Industrial Districts and uses of the city shall be subject to the procedures, standards and guidelines specified in the following sections, in addition to those standards pertaining to the particular zoning district in which the development occurs. This will be accomplished through evaluation of proposed developments by the ARB which shall review the character, and appearance of the proposed developments in a positive manner. It is the purpose of the review to determine, in a cooperative fashion with the developer (hereinafter referred to as the “applicant”), whether the proposed plan meets the guidelines and other standards as specified.
(1) Criteria for modifications; changes to be reviewed by the ARB. If any of the criteria below applies, ARB approval is required:
(a) Modifications and/or changes in excess of 10% of the property value of a parcel of property shall be reviewed by the ARB, but this shall be 50% for structures that predate the existence of the Architectural Review Design Ordinance adopted April 20, 1993;
(b) Substantial architectural change in the structure(s);
(c) All color changes;
(d) All changes in signs; and
(e) Change in appearance of structure(s).
(2) Annual report. The ARB shall submit an annual report to Council each year, summarizing its activities and achievements. The report shall include the identity of ARB members and their respective meeting attendance record.
(F) Organization and rules of procedures.
(1) Rules. The rules of procedures are adopted pursuant to S.C. Code § 6-29-790.
(2) Officers. The officers of the ARB shall be a Chairperson and a Vice-Chairperson elected for one-year term before the end of each calendar year. The ARB shall appoint a member of the staff of the city as Secretary (non-voting member) of the ARB.
(3) Chairperson. The Chairperson shall be a voting member of the ARB and shall have the following duties:
(a) Call meetings of the ARB;
(b) Presides at meetings and hearings, and swear in witnesses;
(c) Act as spokesperson for the ARB;
(d) Sign documents for the ARB;
(e) Have order of the ARB served on parties, and in case of contempt, may certify the fact to the circuit court having jurisdiction; and
(f) Perform other duties approved by the ARB.
(4) Vice-Chairperson. The Vice-Chairperson shall exercise the duties of the Chairperson in the absence, disability or disqualification of the Chairperson. In the absence of the Chairperson and Vice-Chairperson, the acting Chairperson shall be elected by the members present.
(5) Secretary. The duties of the Secretary shall be as follows:
(a) Provide and publish notice of appeals and meetings;
(b) Assist the Chairperson in preparation of agenda;
(c) Keep recordings and minutes of meetings and hearings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact;
(d) Keep records of ARB examinations and other official actions;
(e) Maintain ARB records as public records;
(f) Attend to ARB correspondences; and
(g) Perform other duties normally carried out by a Secretary.
(6) Meetings.
(a) Time and place. All regularly scheduled meetings shall be open to the public, and conducted in accordance with state law. Parties in interest may appear (either physically or by telephonic or other electronic means) personally or by agent. Regular meetings shall be held each month on the third Monday, at the Marguerite Brown Municipal Center, 519 North Goose Creek Boulevard, unless otherwise announced. Special meetings may be held on the call of the Chairperson upon 24 hours notice, at other times as the ARB may determine, posted and delivered to all members and the local news media, and designate the time and place of its meetings. Deadlines for ARB meetings occur at least 14 days prior to meeting dates. An annual schedule of regular meetings shall be adopted, published and posted at City Hall in December of each year.
(b) Agenda. A written agenda shall be furnished by the Secretary to each member of the ARB and to the news media, and shall be posted at least five days prior to each regular meeting. Items may be removed from the agenda or postponed at a meeting by a majority vote.
(c) Quorum and compensation. A simple majority of the members of the ARB shall constitute a quorum. A quorum shall be present (either physically or by telephonic or other electronic means) before any business is conducted other than rescheduling the meeting. The members shall regularly attend meetings and public hearings of the ARB and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.
(d) Rules of order. Robert's Rules of Order shall govern the conduct of meetings except as otherwise provided by these rules of procedures. To the extent Robert's Rules require a physical presence of the Council for purposes of constituting a quorum, such requirement is waived so long as the Council maintains a quorum under § 151.173(B)(3).
(e) Conflict of interests. Any member of the ARB that has a direct or indirect interest in any property that is the subject matter of or affected by, a decision of the ARB shall be disqualified from participating in the discussion, decision or proceedings of the ARB in connection therewith. A member present but disqualified from voting on a question by state law due to a conflict of interest shall not be counted for purpose of a quorum.
(f) Motions. Motions may be made by any member other than the presiding official. A motion to approve any matter before the ARB shall require a majority vote of the members present. Tie votes shall constitute a failure of the motion.
(7) Appeals procedures.
(a) Form of appeal. The ARB shall hold public hearings regarding appeals from administrative decisions of the city, and appeals of the Zoning Administrator or other appropriate administrative official when there is an alleged error in any order, requirement, determination or decision by the officials pertaining to matters related to the Architectural Review Design requirements and standards. The appeals shall be filed on forms approved by the ARB and provided to applicants by the Secretary. The ARB may require additional information deemed necessary. The failure to submit adequate information may be grounds for dismissal. An application filed by agent shall be accompanied by written designation of the agent signed by the applicant or party in interest. A non-refundable filing fee as set forth by City Council and registered with the City Clerk shall accompany an appeal. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the ARB, and shall not be reviewed or scheduled for hearings until brought to completion.
(b) Time for appeal. An appeal must be filed within 15 days after the decision has been rendered, by filing with the ARB a notice of appeal specifying the grounds thereof. The ARB shall maintain for review all papers constituting the record upon which the action appealed from was taken.
(c) Calendar. Appeals and applications shall be marked with the date of receipt and placed 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 ARB for good cause shown.
(d) Withdrawn of appeal. An appeal or application may be withdrawn by written notice delivered to the Secretary prior to action by the ARB, but no appeal shall be withdrawn after posting of hearing notice and prior to ARB action thereon without formal consent of the ARB. An appeal from an administrative decision which is withdrawn may not be filed after the 15-day time for appeal has expired. Withdrawn applications may be re-filed after six months and shall be placed on the calendar according to the date re-filed.
(e) Continuances. The hearing of an appeal or application may be continued one time by the ARB for good cause shown.
(f) Notice of public hearing on appeals and proposed amendments. Notice of public hearing shall be given in the official paper of the city not less than 15 days before the hearing is held and signs three feet by four feet shall be conspicuously posted on or adjacent to the property affected, with at least one sign being visible from each public thoroughfare that abuts the property, as well as, due notice to the parties in interest. The notice shall contain a description of each matter to be heard and identify the applicant and property affected.
(g) Stay of proceedings. An appeal shall stay all proceedings of the action appealed from unless the ARB concurs by reason of facts that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the ARB or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
(h) Exercise of power. In exercising the powers of the ARB, the ARB may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit. The ARB, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt, may certify the fact to the circuit court having jurisdiction.
(8) Hearing procedure.
(a) General. The ARB shall fix a reasonable time for the hearing of an appeal, give public notice thereof and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. The ARB may postpone or proceed to dispose of a matter on the records before it in the absence of an appearance on behalf of an applicant. Evidence supporting the grant or denial of an appeal shall be submitted only to the ARB in a public meeting.
(b) Witnesses. Parties in interest may present testimony under oath. Witnesses may be compelled to attend by subpoena requested at least ten days prior to a hearing and signed by the Chairperson. The ARB may call its own witnesses 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 shall not be allowed.
(d) Evidence. Relevant documents, photographs, maps, drawings and the like, shall be received in the record without authentication in the form of legible copies. Relevant testimony which is not cumulative or hearsay shall be received. The Chairperson shall rule on all evidentiary matters. Evidence shall be placed in the record with an objection noted. The normal order of hearing, subject to modification by the Chairperson, shall be:
1. Statement of matter to be heard (Chairperson or Secretary);
2. Presentation by applicant (five minute limit);
3. Presentation by official appealed (five minute limit);
4. Presentation by opponents (five minutes limit);
5. Rebuttal by applicant (three minute limit);
6. Unsworn public comment when appropriate;
7. The ARB may question participants at any point in the hearing; and
8. Matters in which additional time is granted may be moved to the end of the agenda.
(e) Disqualification from voting. A member shall disqualify himself or herself from voting whenever he or she has a personal or monetary interest in the property or business under appeal, or will be directly affected by the decision of the ARB. A member shall also disqualify himself or herself from voting whenever any applicant, or his or her agent, has sought to influence the member's vote on the appeal, other than in the public hearing.
(f) Disposition. The ARB may deliberate and make final disposition of a matter by majority vote of 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 a subsequent meeting. A member may not vote on a matter which the member has not heard. Deliberations shall be conducted and voting shall be in public. In case of a tie vote, the application is considered denied.
(g) Form or order. An order shall be issued disposing of a matter by granting or denying relief with the 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 Secretary shall deliver a copy of an order to each party in interest by certified mail immediately upon execution of the order by the Chairperson.
(i) Rehearing. The ARB may grant a rehearing of an application which has been dismissed or denied upon written request filed with the Secretary within 15 days after delivery of 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.
(j) Records.
1. Minutes. The Secretary shall record all minutes and hearings of the ARB on tape which shall be preserved until final action is taken on all matters presented. The Secretary shall prepare minutes of each meeting for approval by the ARB at the next regular meeting. Minutes shall be maintained as public records.
2. Orders and documents. The Secretary shall assist in the preparation and service of all orders of the ARB in appropriate form. Copies of all notices, correspondences, documentary evidences, orders and forms shall be maintained as public records.
(k) Amendment. These rules may be amended at any regular meeting of the ARB by majority vote of the members of the ARB present at the public hearing when the matter was considered. Results of the proposed amendments shall be submitted to City Council for review and approval. (See division (E)(8)(f) above.)
(l) Appeal of Board action. Any person or persons, any taxpayer or any officer, department, board or commission of the city, jointly or separately, aggrieved by any decision of the ARB, may present to a court of record, a petition, duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the decision of the ARB is mailed.
(m) Expiration and extension of ARB approvals. Approvals issued by the ARB, regardless of the scope of work, shall expire one year from the date of approval. Approved projects not yet under construction, i.e., vertical construction or installation has not commenced, must resubmit for approval of all site and landscaping plans, elevations, materials, and colors. An extension of the approval may be granted by the Zoning Administrator when deemed appropriate.
(9) Planning session. The ARB may be convened as a committee of the whole in the same manner as prescribed for calling a special meeting for the purpose of holding a planning session, provided that no official business shall be conducted thereat and no quorum shall be required.
(1985 Code, Art. X, § 1001) (Ord. 93-001, passed 4-20-1993; Ord. 97-006, passed 5-13-1997; Ord. 99-004, passed 4-13-1999; Ord. 13-006, passed 9-10-2013; Ord. 17-002, passed 2-14-2017; Ord. 2021-017, passed 7-13-2021) Penalty, see §151.999