ORDINANCE 2007-66

 

AN HISTORIC PRESERVATION ORDINANCE FOR THE TOWN OF PORT ROYAL, SOUTH CAROLINA  

WHEREAS, the Town of Port Royal is rich in history and proud of its heritage, and  

WHEREAS, the Historic Port Royal Foundation is engaged in preserving the Town’s past, and  

WHEREAS, preservation of historic buildings in the Town will help place that history in perpetuity for future generations, and  

WHEREAS, Council wishes to retain Port Royal’s past.

 

NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Town of Port Royal, duly assembled and with authority of same, that this historic preservation ordinance be adopted as follows:

 

5.0.0    TITLE

            The title of this ordinance shall be:

                                     The Town of Port Royal Historic Preservation Ordinance

5.0.1    PURPOSE

            The purpose of this ordinance is:

                        (1) to protect, preserve and enhance the distinctive architectural and   cultural heritage of Port Royal;

                        (2) to promote the educational, cultural, economic and general welfare oof the people of Port Royal;

                        (3) to foster civic pride;

                        (4) to encourage harmonious, orderly and efficient growth and development of Port Royal;

                        (5) to strengthen the local economy

                        (6) to improve property values; and .

                        (7) to support the goals of the town’s comprehensive plan

 

5.1.1.   APPLICABILITY

 

This ordinance is part of the zoning ordinance of Port Royal, and is enacted pursuant to the South Carolina Code of Laws, Sections 6-29-710 and Section 6-29-870. The district standards and other specific provisions of this Ordinance shall apply within historic districts and to landmarks.  Whenever there is conflict between the regulations of the remainder of this Ordinance and this Chapter, the more restrictive shall apply.

 

5.1.2    DEFINED TERMS               

 Many of the terms used in this Article may have additional specific meaning in this Zoning Ordinance, including, but not limited to, the following terms.  

1.        PORT ROYAL HISTORIC LANDMARK REGISTER:  A validated listing of all properties/trees/landmarks that meet the criteria set forth in this ordinance

2.        ALTERATION: Any change in the external architectural features of any structure list in the registry or any interior changes to structures listed in the National Registry, if and only if that interior feature is specifically included in the national registry

3.        TOWN PARK: Any designated “green space” maintained by the town for the benefit of the community.

4.        DEMOLITION: The destruction of a building or structure.  Demolition of structures listed in the district requires a certificate of appropriateness and a 180 day waiting period before demolition. 

5.        EXTERIOR ARCHITECTURAL APPEARANCE: Architectural character, general composition, and general arrangement of the exterior of the structure, including the kind, color and texture of the building material, type, and character of all windows, doors, light fixtures, signs and appurtenant elements, visible from the street. 

6.        HARDSHIP: Any unreasonable hardship caused by unusual and compelling circumstances.

7.        HISTORIC PRESERVATION COMMISSION-HPC: The appointed board that maintains the list of landmarks, oversees the development of the Preservation Ordinance, holds hearings and issues Certificates of Appropriateness.

8.        CERTIFICATE OF APPROPRIATENESS: The document issued by the HPC following the review proscribed that certifies that the proposed actions by an applicant are found to be acceptable in terms of design criteria relating to the individual property.  A CA will only be required for those activities which require a building permit or for demolition.

9.        RESTORATION: The act or process of accurately recovering the form and details of a property which are significant to its historical, architectural and cultural values.

10.     REHABILITATION: The act or process of returning a property to a state of utility through repair or alteration which makes possible and efficient contemporary use while preserving those features of the property which are significant to  historical, architectural and cultural values.  

11.     HISTORIC PRESERVATION DISTRICT/LANDMARK LIST: An area along with individual sites designated by the Port Royal Town Council upon recommendations of the Port Royal HPC as being worthy of preservation.   

 

5. 1. 3  HISTORIC PRESERVATION COMMISSION

             A.        Creation  

The Historic Preservation Commission of the Town of Port Royal, South Carolina is hereby established.  

            B.        Number           

The Commission shall be composed of seven members  appointed by council, four (4) of which shall be for a term of two (2) years, three (3) of which shall be for a term of one (1) year. The Commission shall elect a chairman and co-chairman. No member shall serve more than eight (8) consecutive years. After the initial appointment, terms shall be of a two-year term.  

            C.        Appointment

The members of the Commission shall be appointed by Town Council, which shall allow the public an adequate and reasonable opportunity to comment on all such appointments.  Members of the Commission shall be installed and assume their duties at the first regular meeting of the Commission following their appointment.

 

            D.        Qualifications                       

All members appointed to the Commission must be residents of Beaufort County and must have demonstrated their civic interest, have general knowledge of and interest in historic landmark and district preservation, and be available to attend meetings. Members cannot hold any other public office or position in Port Royal.  Town Council shall endeavor to appoint persons with diverse, relevant qualifications.  At least three members shall be persons who are knowledgeable in one or more of the following disciplines: archeology, architecture and construction, American, South Carolina and local history, urban planning and design, structural engineering, law, or real estate.  To the extent that they are available, an historian and a licensed architect shall serve as members of the Commission at all times. At least three (3) of the commissioners must be residents of Port Royal and at least two (2) of the commissioners must be members of Historic Port Royal Foundation-HPRF. 

            E.         Terms of Office  

1.      The term of office of each member of the Commission (after the initial appointment) shall be two years.  

2.      The term of office of each Commission member shall commence January 1 and shall expire on December 31 of the final year of the term, or until a replacement is approved.  The terms of each member of the Commission shall expire on December 31 of the final year of the term, regardless of the date of appointment.  

F.         Appointment to Fill a Vacancy  

Any vacancy on the Commission due to death, resignation, or any other cause shall be filled by appointment by the Town Council within 60 days of the occurrence of the vacancy.  The person appointed to fill a vacancy shall serve the remainder of the unexpired term of the member being replaced.  

            G.        Meetings, Quorum, Voting  

The Commission shall hold an annual meeting in January to elect officers and to conduct other pending business.  The Commission shall meet at least monthly to hear applications and conduct business under its jurisdiction, unless there are no pending requests to be considered.  Special meetings may be called by the Chairman, a majority of the members of the Commission, or upon request by Town Council.  A majority of the members of the full Commission (4) shall constitute a quorum for the conducting of business, and a majority vote of those members eligible to vote shall be necessary for approval of any action by the Commission. Meetings shall be conducted under the rules established and identified under the latest version of “Robert’s Rules of Order”           

            H.        Officers  

The Commission shall elect from its membership a Chairman and Vice Chairman who shall serve for one year or until their successors are elected.  A staff member of the Town of Port Royal’s Department of Planning shall serve as Secretary but shall not be a member of the Commission.           

I.                   Compensation  

Members shall serve without compensation except for reimbursement of authorized expenses related to the performance of their duties.  

J.         Jurisdiction  

The Commission may exercise the powers granted it pursuant to this Article and Sections 5-23-310 through 5-23-340, Code of Laws of South Carolina, 1976, and successor provisions, within the corporate limits of the Town of Port Royal.  

K.                Powers and Duties  

The Historic Preservation Commission shall have the following powers.  

1.      Adopt its own bylaws not inconsistent with this Article or applicable statutes of the State and appoint subcommittees as needed.  

2.      Accept such gifts, grants, and money as may be appropriate for the purposes of this Article.  Such money may be expended only for advancing the purposes of this Article and must be appropriated by Town Council as part of the regular Town budget  

3.     Recommend for designation, or removal of designation, subject to approval by Town Council, historic districts and landmarks and the expansion of existing historic districts or landmarks.

4.      Cooperate with and enlist the assistance of persons, organizations, corporations, foundations, and public agencies in matters involving historic preservation, renovation, rehabilitation, and adaptive usage and such outside expertise it deems necessary for assistance or advice on matters pending before it.

5.      Conduct meetings.  

6.      Hold public hearings, investigate, review, place conditions on, and make decisions on  

a.       applications, plans, Certificates of appropriateness, or other permits for alteration, construction, demolition, or relocation of landmarks or structures within historic districts or which affect landmarks or historic districts;  

b.      recommendations on designations of historic districts and landmarks;  

7.      Issue cease-and-desist orders restraining any violation of this Article or a Certificate of Appropriateness.  

8.      Review and evaluate relevant surveys and studies of structures, sites, districts, and landmarks performed by any unit of government or private organization, and compile appropriate descriptions, facts, photographs, and summaries of such surveys.  

9.      Provide for periodic updated surveys and research efforts to identify neighborhoods, areas, sites, structures, and objects that have historic, archeological, community, architectural, or aesthetic importance, interest, or value.  

10.  Compile and maintain the Port Royal Historic Register and maintain a local inventory of historic places and landmarks.  

11.  Review and make recommendations to Town Council and other Town boards, commissions, and departments on projects involving historic properties or structures, projects in historic districts, or related matters not subject to the Certificate of Appropriateness requirements of this Article.  

12.  Discharge all other powers and duties as set forth in this Article or necessarily implied therefrom  

L.                 Conflict of Interest  

                        Any member of the Commission who has a personal or financial interest, either directly or indirectly, in any property which is the subject of, or                           affected by, a decision of the Commission shall be disqualified from participating in the decision of the Commission concerning the property. 

M.              LIABILITY  OF MEMBERS

 

Any member of the Commission acting within powers granted by the ordinance shall be relieved from personal liability for any damage and held harmless             by the Town of Port Royal.  Any suit brought against any member of the Commission shall be defended by a legal representative furnished by the Town of Port Royal until termination of the proceedings.

5.1.4    DESIGNATION TO THE PORT ROYAL HISTORIC REGISTER

 

A.                 Initiation of Designations

 

Initiation of the proposed designation of landmarks or historic districts to the Port Royal Historic Register may be made by any member of the Commission, any member of Town Council, or a board or commission appointed by Town Council, the petition of any ten residents of the Town, or an owner thereof.  A request for designation shall be made on the appropriate application form provided by the Commission and submitted to the Commission for review and public hearing.

 

 

 

 

B.        Designation Criteria

 

For a landmark or district to be designated to the Port Royal Historic Register, Town Council must conclude that it:

 

1.      is significant in American, South Carolina, or Port Royal history, architecture, archeology, engineering, or culture.

 

2.      has integrity of location, design, setting, materials, or workmanship that need to be protected or preserved and meets one or more of  the following criteria:

 

a.       it is associated with events that have made a significant contribution to history;

 

b.      it is associated with the lives of persons significant in history;

 

c.       it has distinctive characteristics of a type, period, or method of architecture or construction; represents the work of a master; possesses high artistic values; or represents a significant and distinguishable entity whose components may lack individual distinction;

 

d.      it has yielded or is likely to yield information important in prehistory or history; or

 

e.       it is listed on the National Register of Historic Places.

 

f.        is 75 years old or older

 

C.        Public Notice

 

1.      The Commission shall give the owners of properties proposed for designation as a historic district or as a landmark written notice of the hearing by the Commission on the application for such designation by mail sent to the address for the property listed on the most current Town of Port Royal real property tax records, unless another address is known by the Commission, no fewer than 30 days prior to the scheduled date of the hearing.  Such notice shall state the date, time, place and purpose of the hearing.  The notice shall be considered given when placed in the U. S. Post Office at Port Royal, South Carolina with proper postage affixed.

 

2.      In addition, one public notice sign shall be posted on each street frontage of the subject property stating the date, time, place, and purpose of the public hearing.  Where more than one property is proposed for designation, the number and location of required public notice signs shall be determined by the Planning Director.

 

 

D.        Consideration by Town Council

 

Within 15 days after the meeting at which a designation is considered, the Commission shall forward its recommendation on the designation to the Town Council .The proposed designation shall not become effective unless approved by Town Council by adoption of an ordinance to include a Public Hearing.

 

 

E.         Opposition to Designation

 

Any property owner may object to the decision by the Port Royal Town council, to designate his/her property as historic by filing suit against the Town of Port Royal before the courts of the State of South Carolina

 

F.         Nominations to the National Register of Historic Places

 

The Commission may conduct first review and evaluation of all proposed National Register nominations within the Town, including any which may have been submitted to the State Historic Preservation Office (SHPO), and forward all reviewed nominations to the SHPO with recommendations for consideration by the State Board of Review.

 

G.        Re-filing for Designation

 

If a request for designation is denied, the request may not be filed again for one year from the date of that denial unless the applicant can demonstrate to the Commission a substantial change in circumstances relevant to the request.

 

 

 

H.        Procedure for Removing Designation

 

The procedure followed for removing a designation shall be the same as that for initial designation.

 

 

 

5.1.5    CERTIFICATE OF APPROPRIATENESS

 

A.                   Activities Requiring a Certificate

 

1.                  On property Not in a Street or Town Park

 

a.     A Certificate of Appropriateness may be required for alteration, construction, demolition, or relocation on property listed on the Port Royal Historic Register visible from a public street right-of-way except that any change to a landmark may require a Certificate even if not visible.

 

b.      For the purposes of this Article, an activity shall be considered visible even if hidden by vegetation or a fence.  An alteration requires a Certificate even if the color, texture, and composition of the material (excluding paint) is not discernible from a street right-of-way.

 

c.       The Commission may authorize the Planning Director to approve a Certificate for certain types of work with the concurrence of the Chairman.

 

d.      Either the Chairman or Planning Director may require approval by the Commission of any Certificate for an activity not specifically covered.

 

2.                  In a Street, (including a parkway).  A Certificate of Appropriateness may be required for the following.

 

a.       In a street (including a parkway) individually designated as a landmark; widening a street or the improved surface of a street or paving an unpaved street; or eliminating the parkway or providing parking areas thereon.

 

b.      In a street (including a parkway) within a historic district or individually designated as a landmark; alteration, construction, demolition, or relocation of buildings, walls, fences, gates, and stone curbs.

 

3.      In a Town Park Individually Designated as a Landmark.  A Certificate of Appropriateness shall be required for alteration, construction, demolition, or relocation of buildings, walls, fences, and gates.

 

4.      Vegetation.  For plant materials or trees individually designated as landmarks or required as a condition of approval of a Certificate of Appropriateness, a Certificate shall be required for cutting down, destroying, relocating, or eliminating plant materials or trees.

 

 

B.                   Activities Exempt from Certificate of Appropriateness

 

A Certificate of Appropriateness shall not be required for the following.

 

1.                  Interior renovations.

 

2.                  Alteration, construction, demolition, relocation, or other work on a property not in a street or Town park not visible from a street.

 

3.                  Exterior painting of previously painted structures.

 

 

4.                  Repairs, replacements, and routine maintenance that do not constitute alteration.

 

5.                  Installing, cutting down, destroying, relocating, pruning, or eliminating plant materials or trees not designated as landmarks or required as a condition of a Certificate of Appropriateness.

 

6.                  Any work in a street that does not involve an activity listed in 5.1.5.A.2 or any work in a Town park that does not involve an activity listed in 5.1.5.A.3.

 

7.                  Any work on objects that the Planning Director determines are not structures because of their insignificance.

 

C.                   Application for Certificate of Appropriateness

 

1.      Applications for Certificates of Appropriateness are available at the Department of Planning, and completed applications shall be submitted to the Department.  An application for a Certificate of Appropriateness must be made by an owner-of-record of the property or by an agent with written authorization to make such application.

 

2.      Applications for a Certificate shall be accompanied by the            following unless waived by the Secretary or otherwise specified on the application form provided by the Commission.

 

a.       Drawings, including plans and exterior elevations, drawn to scale, with sufficient detail to show the exterior architectural design of the structure.

 

b.      Specifications or other information describing proposed materials and textures; samples of materials may be required by the Commission.

 

c.       Plot plan or site layout showing all existing structures and any improvements affecting appearances such as walls, walks, terraces, accessory buildings, signs, lights, plantings, and other elements.

 

d.      Photographs of the site location, showing contiguous properties and streetscapes.

 

e.       All other information requested by the Commission.

 

3.         Applications for a Certificate of Appropriateness shall pay the standard fee set by the Town Council, which fee shall be subject to          review and approval by the Commission, to cover the reasonable administrative costs of processing such applications.

 

4.         Where a variance or other approval is required for a project from the Zoning Board of Adjustments and Appeals, such approval shall be obtained prior to consideration of a request for a Certificate of Appropriateness by the Commission.

 

 

D.                  Public Hearing and Public Notice

For any Certificate of Appropriateness application that it must consider, the HPC shall conduct a public hearing not later than 30 days following receipt of a completed application form accompanied by all required information and documents.  Public notice of each such public hearing shall be given at least seven days prior to the hearing by the posting of a sign by the Town on each street frontage of the subject property clearly visible to the public stating the date, time, and place of the public hearing.

 

            E.         Notice to Applicants and Owners

 

1.                  The HPC shall give the applicant written notice of the public hearing on his application.  This notice shall be sent by certified mail to the address listed on the application and shall be considered given when placed in the U. S. Post Office at Port Royal, South Carolina with proper postage affixed.

 

2.                  If the applicant is not the owner, a copy of the letter providing notice shall be sent by certified mail to the owner-of-record.  This notice shall be considered given when placed in the U. S. Post Office at Port Royal, South Carolina with proper postage affixed.

 

3.                  The notices required by this Section shall state the identity, address, and telephone number of the applicant and property owner; the address or location of the subject property; and the time, place, and purpose of the hearing.

 

F.         Approval by the Planning Director

 

With the concurrence of the Chairman, the Planning Director may approve or amend Certificates of Appropriateness for the following activities on sites not owned by the Town or may refer them to the Commission for a decision.

 

1.                  Activities expressly authorized by the Commission.

 

2.                  Minor design changes to projects for which a Certificate of Appropriateness has been issued by the HPC or increasing the expiration date of a Certificate of Appropriateness for an additional period not to exceed six months.

 

3.                  Anything not specifically covered by this Article that the Planning Director determines is not so significant as to impair or affect historic, architectural, or aesthetic character.

 

Such an application shall be considered by the Planning Director as soon as possible but not later than 15 days following receipt of a completed application form accompanied by all required information and documents.  A public hearing or public notice shall not be required unless the application is referred to the HPC.  Applications referred to the HPC by the Planning Director must be considered within 30 days following receipt of the completed application form accompanied by all required information and documents.

 

G.        Procedures Following Approval

 

If an application for a Certificate of Appropriateness is approved, the following apply.

 

1.      The decision shall be filed with the Secretary and a Certificate of Appropriateness issued to the applicant.  Specific conditions upon which the Certificate is issued and with which the applicant must comply shall be listed on the Certificate.

 

2.      If an application is approved by the HPC, the Certificate shall be signed by the Chairman, Vice Chairman, or presiding member of the HPC; if approved by the Planning Director, he/she shall sign the Certificate and shall notify the HPC of the decision.

 

3.   a copy of the Certificate and the approved application shall be provided to the Building Official and the Zoning Official who shall periodically inspect the work and report any violation of the Certificate or this Article to the Planning Director.

 

 

 

4.   The Certificate shall expire two years from the date of issuance unless the work allowed there under has been substantially completed or unless another expiration date is specified by the HPC or by the Planning Director pursuant to 5.1.5.F.2.

 

H.        Denial of Application

 

1.   By the Planning Director.  If an application is denied by the Planning Director, the Director shall file his/her written decision with the HPC Chairman including the reasons for denial, send a copy to the applicant by certified mail, and provide a copy to the Building Official and the Zoning Official and each HPC member.

 

2.   By the HPC.  If an application is denied by the HPC, the following apply.

 

a.       The HPC shall file its written decision, which shall include a statement of the reasons for denial, and shall provide a copy of the statement to the applicant and to the Building Official, the Zoning Official, and each HPC member within 15 days of the public hearing thereon.

 

b.      The HPC in its decision may make recommendations to the applicant concerning changes in the proposed action that may cause it to reconsider denial.  The applicant may submit an amended application to the Secretary incorporating those recommendations.  Such an amended application shall be subject to the same procedures as an initial application but is exempted from the limitations in 5.1.5.I and 5.1.5.J.

 

c.       The applicant may apply under 5.1.7 for an exemption.

 

I.          Reconsideration

 

Upon good cause being shown by any person aggrieved by a final decision of the HPC or an application for a Certificate of Appropriateness, the HPC may reconsider its decision.  In the event of such reconsideration, the HPC shall conduct a public hearing giving the public notice required by 5.1.5.D.  The request for reconsideration will not be reviewed unless submitted to the Secretary within 10 days of the date on which the written decision is mailed to the applicant.

           

J.         Appeal

 

1.   From the Planning Director.  Any property owner, Town official, or other person aggrieved by and seeking relief from any final decision of the Planning Director on an application for a Certificate of Appropriateness or interpretation of this Article and related provisions may appeal the decision of the Planning Director to the Historic Preservation Commission by submitting to the Secretary a written request stating the grounds for the appeal.  The appeal request must be submitted to the Secretary within 20 days of the date on which the written decision is mailed to the applicant.  The appeal shall meet the public notice requirements under 5.1.5.D, and it shall be placed on the next HPC meeting agenda for which public notice requirements can be met.  An appeal must be decided within 45 days of submission of the written appeal request.

 

 

2.   From the HPC.  Any property owner, Town official, or other person aggrieved by and seeking relief from any final decision of the HPC on an application for a Certificate of Appropriateness may appeal that decision to the Circuit Court pursuant to Section 6-29-900, code of Laws of South Carolina, 1976, by filing a petition with the court within30 days of the filing of the written decision of the HPC with the Secretary.

 

 

K.        Review Standards

 

1.                  General.  In reviewing applications, the HPC and the Planning Director shall consider the standards stated in this Article for the purpose of determining whether alterations, construction, demolitions, or relocations are in harmony with the prevailing historical, architectural, archeological, or aesthetic character of the historic district, a structure in a historic district, or landmark.

 

2.                  Construction and Alteration.  In reviewing an application for construction or alteration, the HPC and the Planning Director shall consider general design, character and appropriateness of design, scale of buildings, texture and materials, relationship of such elements to similar features of structures in the immediate area, and the extent to which the alteration or construction would be harmonious with the historic district in which it is located or with the landmark.  The HPC and the Planning Director also shall consider the relevant standards and guidelines in the most current edition of the U. S. Secretary of the Interior’s Standards for Rehabilitation.

 

3.                  Demolition.  In reviewing an application for demolition, the HPC and the Planning Director shall consider the historical, archeological, and aesthetic character of the structure (or portion thereof) proposed for demolition.  They shall also consider:  (1) the structural integrity (i.e.condition) of the structure and (2) the integrity of materials, location, and design of the structure.  No application for demolition shall be approved solely on the basis of a structure’s deteriorated condition where the commission determines that the applicant is primarily responsible for the deteriorated condition.  Finally, the HPC shall consider the extent to which demolition would, in the judgment of the HPC, produce a detrimental effect upon the character of the structure or property affected or upon the surrounding properties, or upon the district in which the structure is located.  No application for demolition of a Landmark shall be approved.

 

 

4.                  Specific Guidelines.  The Commission shall adopt additional guidelines, subject to review and approval by Town Council, consistent with this Article for reviewing applications for a Certificate of Appropriateness.