OLD VILLAGE HISTORIC DISTRICT COMMISSION

§156.430 Title.
The title of this Section shall be the Old Village Historic District.

§156.431 Purpose.
This Section is part of the Zoning Code of the Town of Mount Pleasant and is enacted pursuant to the South Carolina Code of Laws, Section 6-29-710 and Sections 6-29-870 et sequitur. The Town previously created a local historic district in conjunction with its Zoning Code adopted August 13, 1979. The purpose of this Section is:

(A) To protect, preserve, and enhance the architecture of the Old Village;

(B) To promote the economic and general welfare of the people of the Old Village;

(C) To foster civic pride;

(D) To encourage harmonious growth and development within the Old Village
Historic District;

(E) To promote the use and preservation of the historic district for the education and welfare of the residents of the town.


§156.432 Jurisdictional boundaries of the Old Village Historic District Commission.
The jurisdiction of the Commission for the review of proposed alteration to buildings, new construction, demolition and moving of buildings is limited to areas that have been designated by the Mount Pleasant Town Council as the Old Village Historic District; to whit: the north by centerline of Shem Creek, saving and excepting therefrom the residential house lots on the south side of Shem Creek in the development known as "The Boatyard," but including the common area property of the same therein; on the east by the western edge of Whilden Street and Royal Avenue (including; however, the lot on the east side of the street containing the Mount Pleasant (St. Andrews) Episcopal Church); on the south by the Old Bridge and marshland to the common corporate municipal limit line of the town and Sullivan's Island; and on the west by the Town corporate municipal limit line in Charleston Harbor.

§156.433 Definitions

ALTERATION. A change in the external architectural features of any structure in the Historic District.

CERTIFICATE OF APPROPRIATENESS. Document issued by the Old Village Historic District Commission, following a prescribed review procedure, certifying that the proposed actions by an applicant are found to be acceptable in terms of design criteria relating to the individual property.

DEMOLITION BY NEGLECT. Abandonment or lack of maintenance that allows a structure in the Historic District to fall into a serious state disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include but are not limited to:

• Deterioration of exterior walls or other vertical supports;
• Deterioration of roofs or other horizontal members;
• Deterioration of exterior chimneys;
• Deterioration of exterior materials;
• Ineffective waterproofing of exterior walls, roof, or
Foundations, including broken windows or doors; or
• Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

HISTORIC BUILDING. A structure that is older than 75 years or any other building that the commission deems is significant to the overall historic character of the district.

SUBSTANTIAL HARDSHIP. Hardship, caused by unusual and compelling circumstances, based on one or more of the following:

• The property cannot reasonably be maintained in the manner dictated by the ordinance,
• There are not other reasonable means of saving the property from deterioration or collapse, or
• The property is owned by a not-for-profit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.

§156.434 Old Village Historic District Commission Established.

(A) Creation.
Pursuant to S.C. Code Title 6, Chapter 29, the Town created an historic district commission, known as the Town Appearance Commission, in an ordinance passed May 5, 1986, as amended. This regulation hereby dissolves the same herewith and terminates the appointment of the current members thereto, and does now reconstitute a new historic district commission herewith, to be known as the Old Village Historic District Commission, hereinafter referred to as the Commission, in order to more accurately reflect the Commission’s powers and duties, as delineated herein.

(B) Composition and Qualifications.
(1) The Commission shall consist of five (5) members; all of whom must reside in the district and shall have been residents of the Town for a period of at least two years prior to appointment;

(2) All members of the Commission shall:

(a) Have demonstrated their general knowledge of the community and concern for the welfare of the total community and its citizens; and

(3) Have a demonstrated interest and knowledge of the historic district.

(4) To the extent that such is available in the community, be knowledgeable in architecture, architectural history, planning, archeology, history, building arts, and any other areas of knowledge that would benefit the mission of the Historic District Commission and community.

(5) All members shall be appointed by the Town Council and no members shall concurrently hold any other municipal office, pursuant to S.C. Code 6-29-870(C).

(6) Members shall serve without compensation except for reimbursement for authorized expenses attendant to the performance of their duties.

(C) Professional Advisor.

(1) The commission may consult with an architect, architectural historian, or a person with an expertise in the building arts or any other professional on an as needed basis to receive professional advice. This advisor shall be appointed by Town Council at the request of the Commission.

(D) Terms of Office.

(1) The term of office for each member appointed shall be two (2) years, except members holding Seats 3, 4 and 5 for the initial term as stated herein.

(2) Any person who has served as a member of Commission for two (2) consecutive terms shall not be eligible for reappointment for at least two (2) years.

(3) A partial term of twelve (12) months or more shall constitute one (1) term.

(4) All terms shall expire on January 1 of the calendar year in which they fall.

(5) In order that terms may be staggered, the following initial terms according to seat numbers shall apply: Seats 1 and 2 shall be 2 years; Seats 3, 4 and 5 shall be 1 year.

(6) Members shall assume their duties at the first regular meeting after their appointment.

(7) Each member shall, however, serve until his successor is appointed and installed.

(8) The Town Council shall act promptly to make appointments in order to avoid vacant seats, the continued service of members with expired terms, or the clustering of more than three term expirations in a given year.

(E) Vacancy, Absence, and Removal.
(1) Any vacancy, whether created by removal for cause or by a member’s resignation, shall be filled for the unexpired term as soon as may reasonably be accomplished by the Mayor and Town Council in the same manner as the original appointment.

(2) Any member of the Commission may be removed by the Mayor upon confirmation of the Town Council for repeated failure to attend meetings of the Commission or for any other just cause, including neglect of duty or misconduct in office.

(3) Attendance at less than seventy-five (75) percent annually of called meetings and/or more than one unexcused absence per year shall also constitute just cause.

(4) Excused absences include medical or family emergencies or unavoidable business or personal conflicts. Each member anticipating an excused absence shall notify the Chairperson or Secretary at least two full working days prior to the meeting that will be missed and shall state the reason for the absence. Emergency situations that arise within the 48-hour period can be considered excused by the Chairperson.

(5) If removal for cause appears eminent, the Chairperson shall contact the member and ascertain whether removal should be considered by the Mayor and Town Council. The Chairperson shall then make a recommendation to Council prior to Council’s acting on the matter.

(F) Officers, Meetings and Rules of Procedure.

(1) At the first regular meeting of each calendar year, a chairman and vice chairman shall be elected by ballot.

(2) A staff member of the Town of Mount Pleasant Planning Department shall serve as Secretary of the Commission.

(3) The Commission shall adopt rules of procedure and Bylaws at the first meeting of each calendar year.

(4) The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question.

(5) Meetings of the Commission must be held at the call of the Chairperson and at such other times as the Commission may determine.

(6) Three members of the Commission shall constitute a quorum for conducting business, including members who have recused themselves for conflict of interest.

(7) Public notice shall be given for all meetings of the Commission and all meetings of the Commission shall be open to the public.


§156.435 Powers and Duties

(A) Design Review
(1) It shall be the duty of the Commission to review applications regarding moving, demolition, new construction, exterior alteration, and building additions in the Historic District.

(2) This review shall follow established criteria in accordance with approved design guidelines.

(B) Design Guidelines.

(1) In order to accomplish the design review as provided above, the Commission shall adopt design guidelines as part of their rules of procedure.

(2) Such design guidelines and any subsequent amendments thereto shall be published and made available to the public.

(C) Demolition by Neglect Enforcement.
(1) Petitions for a finding of demolition by neglect must include a written description and photographic evidence of said neglect; a summary of the detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

(2) Between thirty (30) and forty-five (45) days prior to hearing a petition to find that a building is being demolished by means of neglect, the Commission shall notify the owner of the property in question that the petition will be heard.

(3) If the Commission finds that a building within the limits of the Historic District is being demolished by means of neglect, the Commission shall contact the property owner to instruct him or her to bring the building into compliance with the current design guidelines and provisions of this ordinance.

(4) If the property owner does not respond, apply for a COA, or initiate repair not requiring a COA within ninety (90) days of the Commission’s issuance of notification, the Commission shall report to the Zoning Administrator that the building is in violation of the design guidelines. The Zoning Administrator takes appropriate action.

(5) If the property owner wishes to make a claim of substantial economic hardship, the property owner must submit evidence describing the circumstances of hardship. Evidence may include but is not be limited to:
(a) Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control;
(b) Financial resources of the owner and/or parties in interest (such as tax returns for the past two years);
(c) Cost of repairs;
(d) Assessed value of the land and improvements;
(e) Real estate taxes for the past two (2) years;
(f) Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;
(g) Annual debt service, if any, for previous two (2) years;
(h) Any listing of the property for sale or rent, price asked, and offers received, if any;
(i) Annual gross income from the property for the previous two (2) years;
(j) Itemized operating and maintenance expenses for the previous (2) years, including proof that adequate and competent management procedures were followed; and
(k) Annual cash flow, if any, for the previous two (2) years.
(6) In the event that the Commission finds substantial economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include loans or grants from public, private, or nonprofit sources, acquisition by purchase or eminent domain or relaxation of the provisions of this article sufficient to mitigate substantial economic hardship.
(7) Nothing in this section shall diminish the Town’s power to declare a building unsafe or in violation of the minimum housing code.

(D) Moving or Demolition of buildings
(1) In reviewing applications for demolition, the commission shall consider the character of the structure and determine its possible historic significance.

(2) The Commission may, but is not required, to approve a request to move or demolish a structure in the Historic District if all of the following criteria are met.
(a) The structure cannot be economically rehabilitated on the site to provide a reasonable income or residential environment compared to other structures in the general area.
(b) The proposed new development, if any, is more compatible with the surrounding area as outlined in the design guidelines considering such factors as location, use, and exterior design.
(c) The building is determined to not have historic or architectural significance for the District.
(d) If the building is proposed to be moved, the new site and surrounding area will benefit from the move, namely, the streetscape will be enhanced.

(E) Designation of Historic Properties
(1) The Commission may recommend to the Town Council individual properties and sites for historic designation based on any of following criteria. A property, may it be a structure or site, may be designated historic if it:
(a) Has inherent character, interest, or value as part of the development or heritage of the community, state, or nation; or

(b) Is the site of an event significant in history; or

(c) Has an association with a person or persons who contributed significantly to the culture and development of the community, state, or nation; or

(d) Exemplifies the cultural, political, economic, social, ethnic, architectural, archeological or historic heritage of the community, state, or nation; or

(e) Embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering; or

(f) Is the work of a designer whose work has influenced significantly the development of the community, state, or nation;

(g) Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation; or

(h) Is part of or related to a distinctive element of community planning; or

(i) Represents an established and familiar visual feature of the neighborhood, waterfront or community

(j) Represents an archeological site, be it a prominent land feature with significance to the development of the Old Village, a prehistory site, or other culturally significant place important to the history of Mount Pleasant, the Old Village or the state.

(2) Owners of recommended properties shall be notified in writing thirty days before the Town Council’s review of the recommendation and may appear before the Town Council to voice their opinion on the proposed designation from Non-Historic to Historic.

(3) Upon approval of the Town Council, designated districts, district extensions, buildings, and sites shall be preserved and protected under the regulations and design guidelines of this chapter.

(4) Property owners who wish to appeal the decision of the Town Council may do so before the courts of the state, as provided in South Carolina Code of Laws.

(F) Reduction or Elimination of existing historic districts and creation of additional historic districts.
(1) The Commission shall also have the power to recommend to the Town Council the creation of new Historic districts and the reduction or elimination of existing Historic districts.

(2) Owners of properties to be included in new or expanded Districts or eliminated properties shall be notified in writing thirty days prior to consideration by the Town Council. Owners may appear before the Town Council to voice their opinion on the designation and may object to the decision of the Town Council to designate their property by filing suit before the courts of the state, as provided in the South Carolina Code of Laws.

(3) Upon approval by the Town Council, newly created Historic Districts shall be treated as new use districts with regulations and guidelines appropriate for that district and area of the town.

(G) Survey and Inventory.
(1) The Commission may authorize a survey and inventory, or update of the former, of properties, provided that survey or update is conducted in accordance with professional standards under qualified supervision; is coordinated with and complementary to those standards of the State Historic Preservation Office; and follows procedures described in the South Carolina State Historic Preservation Program: Survey Manual.

(2) The survey may be used to record the historic architecture of the town; to study a given area in order to evaluate eligibility for the National Register of Historic Places or district status; or to monitor change to the architectural fabric of Mount Pleasant.

(H) Nominations to the National Register of Historic Places.
(1) The Commission may nominate buildings, structures, sites, objects, or districts to the National Register of Historic Places according to the criteria and registration requirements set forth by the National Park Service in overseeing the National Register of Historic Places.

(2) The Commission shall have first review and evaluation of all proposed nominations to the National Register of Historic Places within its jurisdiction, including any that may have been submitted to the State Historic Preservation Office. Owners of properties to be reviewed by the Commission shall be notified in writing thirty days prior to the Commission’s review.

(3) The Commission shall forward all reviewed nominations to the State Historic Preservation Office with recommendations for consideration by the State Board of Review.

(4) The Commission shall not have the authority to nominate properties directly to the National Register of Historic Places; only the State Board of Review and the State Historic Preservation Office shall have this final review authority.

(I) Identification on Town Zoning Map
All locally designated historic properties and historic districts shall be clearly shown on the Town zoning map.

156.436 PROCEDURES.
(A) Certificate of Appropriateness Required.
(1) A Certificate of Appropriateness (COA) from the Old Village Historic District (OVHD) Commission is required prior to demolition; exterior alteration, or addition; or new construction within the District.

(2) This shall include review regarding total or partial demolition, demolition by neglect, and the alteration or additions to an existing building or structure. A COA is also required for all new construction or for the moving of any building into, out of, or within the Historic District.

(3) A building permit shall not be issued for work in the Historic District without a COA for the same work; any building permit not issued in conformance with this ordinance shall be considered void.

(4) The Commission shall not consider interior arrangement or interior design. The Commission shall not consider use.

(5) The Commission shall not make requirements except to prevent developments that are not in harmony with the prevailing character of the streetscape first and the District in general or are obviously incongruous with the character, integrity or style of a building or site.

(6) The COA shall be a standardized form signed by the Chairperson, Vice-Chairperson, or Secretary of the Commission. The COA shall state the specific exterior changes that will result from the proposed work for which the application has been made and shall state that those changes are approved by the Commission.

(7) The application for the COA must be complete and submitted by the owner of the property in question.

(B) Application Requirements.
(1) Complete applications must be filed with the Commission Secretary two calendar weeks prior to the meeting at which it will be heard.

(2) A complete application shall consist of at least the following:
(a) An Old Village Historic District COA application form legibly completed in blue or black ink;
(b) A thorough written description of work proposed; description of all materials to be used, including samples if requested; and description of all exterior changes that will result from proposed work if they will be visible from the public right of way;
(c) Photographs (clear color photographic prints or printed color versions of clear digital images at least 3” by 5” in size) of existing conditions and of surrounding properties and streetscapes, as appropriate;
(d) An accurate survey (new or recent) showing existing conditions and the location of proposed additions, demolition, new construction, or hardscaping, if any such work is included in the application; and
(e) Accurate drawings of each affected elevation depicting proposed work with sufficient detail to show the architectural design of the building and the proposed work.

(C) Minor Work Reviewed by Staff.
(1) A list of work items designated by the Historic District Commission as Minor Work is available from the Commission Secretary. The list may be changed or updated by a majority of the commission as necessary. An application consisting entirely of Minor Work may be reviewed by the Commission Secretary. The Commission Secretary may approve applications that meet the design guidelines. The Commission Secretary shall not review incomplete applications.

(2) The Commission Secretary shall review all Minor Work applications within ten (10) days of receipt of a complete application.

(3) The Commission Secretary shall not deny applications. If the Commission Secretary cannot approve a Minor Work application because it does not meet the design guidelines, that application shall be heard by the Commission, if the applicant so desires, at the Commission’s next meeting according to the application deadline schedule published by the Town of Mount Pleasant.

(D) Notification of COA Hearing
At least seven days prior to hearing an application for a COA, the Commission shall advertise the hearing by posting a sign at the property that is the subject of the hearing. Review of Minor Work applications by the Commission Secretary shall not require such advertisement.

(E) Approval or Denial.
(1) Review of COA Application.

(a) Upon receiving a completed application, the Commission shall base its approval or denial upon the specific criteria stated in design review guidelines for the Historic District.
(b) The Commission shall not consider the use of the building, interior of the building or building feature where the overall feature or less than 25 percent is not identifiable as a whole from public right of ways in any season, or landscaping. The harbor is considered a public right of way, as are public streets and alleys.
(2) Approval of COA Application.

(a) The Commission shall provide the COA and minutes of the hearing of the application to the applicant within ten days of approval of plans.

(b) If the Commission shall fail to take final action upon any application within thirty (30) days of the receipt of a complete and fully documented application for COA, the application shall be deemed approved except where mutual agreement has been made for an extension of the time limit.
(c) The COA shall be valid for a period of two years from the date of approval by the Commission.

1. At any time during the two-year period, the applicant may be granted a building permit from the Town Building Inspector.

2. Should the COA expire, a building permit shall not be issued until the applicant has resubmitted all required materials for approval by the Commission.

3. An extension of the two-year time limitation may be allowed by a majority vote of the Commission upon showing of good cause for a period deemed appropriate for the circumstances provided it is requested in writing prior to the expiration of the original COA.

(3) Denial of COA Application
(a) The Commission shall deny a COA application if the demolition or partial demolition; alterations and/or additions to existing structures; or erection of new structures are considered in violation of specific criteria stated in the design review guidelines for the Historic District.
(b) Reasons for denial of an application shall be made evident in the motion to deny the COA; the motion MUST cite the exact section(s) and subsection(S) that are pertinent violations of the ordinance.
(c) The Commission shall provide the minutes of the hearing of the application to the applicant within two weeks of the denial of the application.
(d) If the Commission denies a COA, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.

(F) Rehearing.

(1) A rehearing of a decision by the Commission is required if one of the following circumstances is met:

(a) The motion for denial did not state the exact ordinances by section and subsection in violation of the ordinance.

(b) The stated motion was not relevant to the application filed.

(c) New evidence which could not reasonably have been presented at the hearing can be produced.

(d) Evidence of a clerical error or mutual mistake of fact can be produced.

(2) The rehearing request must be made within fifteen (15) days after the date of the decision or receipt of the minutes, in writing to the Commission Secretary.

(3) The rehearing should take place within a reasonable amount of time.
(4) A rehearing must be attended by the Zoning Administrator or other mutually agreed upon staff member of the Planning and Development Department for the purpose of ascertaining and clarifying differences in interpretation of an ordinance and to facilitate any possible pre-judicial remedies.

(5) Final decisions will be made by the board.


(G) Appeal of Commission’s Decision.

Any person may appeal a decision of the Commission to the Courts of South Carolina pursuant to the South Carolina Code of Laws, Section 6-29-900 et sequituir.

(H) Substantial Hardship Exemption.
(1) A property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines approved by the Town Council. Substantial hardship shall be considered by the Commission where one or more of the following unusual and compelling circumstances exist:

(a) The property cannot reasonably be maintained in the manner dictated by the ordinance;

(b) The property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.

(2) If the property owner wishes to make a claim of substantial economic hardship (as defined herein) owing to the effects of this article, the property owner must submit evidence describing the circumstances of hardship; including but not be limited to:
(a) Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control;
(b) Financial resources of the owner and/or parties in interest;
(c) Cost of repairs;
(d) Assessed value of the land and improvements;
(e) Real estate taxes for the past two (2) years;
(f) Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;
(g) Annual debt service, if any, for previous two (2) years;
(h) Any listing of the property for sale or rent, price asked, and offers received, if any;

(i) Annual gross income from the property for the previous two (2) years (if the property is income-producing);
(j) Itemized operating and maintenance expenses for the previous (2) years, including proof that adequate and competent management procedures were followed (if the property is income-producing); and

(k) Annual cash flow, if any, for the previous two (2) years (if the property is income-producing).

(3) In the event of a finding of substantial economic hardship in meeting the guidelines, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include loans or grants from public, private, or nonprofit sources, acquisition by purchase or eminent domain, or relaxation of the provisions of this article sufficient to mitigate substantial economic hardship.

(I) Requirements of municipal and public utilities.
The town and all public utility companies shall be required to go before the Commission in accordance with Sections 150.330, 156.430 through 156.433, and the by-laws, prior to initiating any changes in the character of street paving, sidewalks, trees, utility installations (excluding traffic-control devices), lighting, walls, fences, structures and buildings on property, easements or widening or constricting of streets owned or franchised by the town or public utility companies.

(J) Exceptions following a disaster or in a state of emergency.
(1) In the event of a natural disaster or when state of emergency is declared, the commission or commission staff may authorize temporary disaster-related repairs in order to weatherproof or stabilize a damaged building/structure (waiver shall not relieve the applicant/property owner of making permanent repairs that meet the established Guidelines).

(2) The immediate restoration or maintenance of any existing above-ground utility structure is hereby authorized as long as repair results in no exteri