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Historic Port Royal Foundation 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
(2) to promote the educational, cultural, economic and general
welfare
(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
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.
L. Re-filing of an Application
If an application of a Certificate of Appropriateness is denied, the application may not be considered by the HPC again for one year unless the applicant can demonstrate to the HPC a substantial change in circumstances relevant to the application.
5.1.6
Demolition or Relocation
A.
Certificate of Appropriateness Required
1. No structure within a historic district or landmark shall be demolished or relocated until he owner thereof has applied for and received a Certificate of Appropriateness from the HPC.
2.
The HPC may
delay the granting of the Certificate for a period of up to 180 days
from the time of the filing of the application. The HPC may extend this postponement for another 180 days
after a public hearing and finding by the HPC that the structure or
landmark is of historical, architectural, or archeological importance
to the public or Town of Port Royal.
Within any period of postponement, the Commission shall
endeavor to ascertain what may be done to preserve the structure or
landmark. Such steps
shall include, but are not limited to, consultation with civic groups,
interested citizens, public interest groups, and public boards and
agencies.
3.
After the
postponement period has ended and the Commission has been unable to
determine a reasonable alternative to demolition or relocation, the
Certificate shall be granted after a public hearing, with the notice
required by 5.1.5.D being given.
However, if the Commission finds that the structure contributes
to the character of the historic district or that the landmark is of
historical, archeological, or architectural significance or that, for
any other reason, preservation in the public interest is warranted,
the application shall be denied.
In the event of such denial, the owner may apply for an
exception under 5.1.7.
B. Demolition by Neglect
1.
Prevention of
Demolition by Neglect of Exterior.
No owner or person with an interest in real property which is
designated a landmark in any part of the town or any property in an
historic district, whether that property is occupied or not, shall
permit the structure or property to fall into a serious state of
disrepair or to remain in a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which
would, in the judgment of the HPC, produce a detrimental effect upon
the character of the structure or property, or, if the structure or
property is in an historic district, upon the district.
Examples of such deterioration include:
a.
deterioration
of exterior walls or other vertical supports;
b.
deterioration
of roofs or other horizontal members;
c.
deterioration
of exterior chimneys;
d.
deterioration
of crumbling of exterior stucco or mortar;
e.
ineffective
waterproofing of exterior walls, roofs or foundations, including
broken windows or doors;
f.
deterioration
of any exterior feature so as to create a hazardous condition which
could make demolition necessary for the public safety; or
g.
deterioration
or removal of any unique exterior architectural feature which would
detract from the original architectural style.
2.
Prevention of
Demolition by Neglect of Interior. No owner or person with an interest
in real property which is designated a landmark in any part of the
town, or any property in an historic district, whether that property
is occupied or not, shall permit the interior portions of such
structure or property to fall into a serious state of disrepair which,
in the judgment of the HPC, produces a detrimental effect upon the
structural integrity of such structure or property which could make
demolition necessary for the public safety.
5.1.7
Determination of Economic Hardship
A. Submission Requirements
If an application for a Certificate of
Appropriateness is denied by the HPC, the applicant may request that
the application be reviewed for economic hardship pursuant to this
Section. The Commission
may obtain expert testimony and require the applicant make submissions
concerning the following information before the Commission makes a
final determination on the application.
1.
Estimate the
cost of the proposed construction, alteration, demolition, or
relocation and an estimate of any additional cost that would be
incurred to comply with the recommendations or directives of the
Commission for changes necessary for issuance of a certificate.
2.
A report from
a licensed engineer or architect with experience in rehabilitation on
the structural soundness of any structures and their suitability for
rehabilitation.
3.
Estimated
market value of the property under the following conditions: in its
current condition; after completion of the proposed construction,
alteration, demolition, or relocation; after any changes recommended
or directed by the Commission; and, in the case of a proposed
demolition, or relocation, after renovation of the existing property
for continued use. The
Commission may require that these estimates be prepared by a qualified
expert.
4.
In the case
of a proposed demolition or relocation, an estimate from an architect,
developer, real estate consultant, appraiser, or other real estate
professional experienced in rehabilitation as to the economic
feasibility of continued use, rehabilitation, or reuse of the existing
structure at its current location.
5.
Amount paid
for the property, the date of purchase, and the party from whom
purchased, including a description of the relationship, in any,
between the owner-of-record or applicant and the person from whom the
property was or is to be purchased, and the terms of financing.
6.
If the
property is income-producing, the annual gross income from the
property for the previous two calendar or fiscal years; itemized
operating and maintenance expenses during the same period; and
depreciation, deduction, and annual cash flow before and after debt
service, if any, during the same period.
7.
Any other
information requested by the Commission in its discretion to reach a
determination as to whether the property does yield or may yield a
reasonable return to the owners.
B. Review
The Commission shall review all of the evidence and
information required from the applicant, hold a public hearing, and
make a determination thereon within 30 days after receipt of all
required information of whether the denial of a Certificate of
Appropriateness will result in economic hardship to the owner because
he will be deprived of all reasonable use of the property.
If the Commission makes a determination that, in its
discretion, economic hardship has not been proven by the applicant,
the application for a Certificate of Appropriateness based upon
economic hardship shall be denied.
If the Commission determines, in its discretion, that economic
hardship would occur to the owner, the Commission may issue a
Certificate of Appropriateness based upon economic hardship or delay
action on the application for a period of 90 days
If at the end of the 90-day period, the Commission finds, after
a public hearing with the notice required by 5.1.5.D being given, that
without issuance of the Certificate of Appropriateness, an economic
hardship would still occur, then the Commission shall issue a
Certificate of Appropriateness based upon economic hardship.
5.1.8
Interpretation and Enforcement
A. Interpretation
The Planning Director shall interpret the provisions
of this Article. Any
final interpretation by the Planning Director may be appealed pursuant
to the procedures at 5.1.5.J.
B. Enforcement
1.
The Zoning
Official shall periodically inspect work in progress under a
Certificate of Appropriateness.
2.
In the event
that this Article or a Certificate of Appropriateness is violated, the
HPC, Zoning Official, or Building Official may issue an order
requiring the person or persons committing the violation to cease and
desist immediately there from. The
cease-and-desist order shall remain in effect until any Certificate of
Appropriateness required for the work is approved.
3.
A violation
of a cease-and-desist order issued by the HPC or the Zoning Official
or Building Official is hereby declared unlawful and shall be punished
as set forth in 5.1.8.C.
C. Violations and Penalties
It shall be unlawful for any person to violate any
provisions of this Article, and any person violating these provisions
shall be guilty of a misdemeanor and, upon conviction, shall be
punished by a fine not exceeding $500.00 per day or imprisonment for a
term not exceeding 30 days. Each
day that the violation of any provision hereof continues shall
constitute a separate offense.
This
ordinance shall become effective immediately upon adoption by Council.
Requested:
Approved:
______________________________
____________________________ Milton
E. Willis
Samuel
E. Murray Town
Manager
Mayor
Attest:
Introduced:
November
14, 2007
_____________________________ Tanya
L. Payne
Final
Reading: December
12, 2007 Municipal
Clerk
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