I live in the Old Village; will my house be subject to design review?

Yes, all buildings in the Old Village Historic District are subject to Design Review.

There are 2 categories of buildings: those that are 75 years old or older are considered "Historic" and those that are less than 75 years old are considered "Non Historic". The review process for the Historic category of buildings is more stringent than the Non Historic category of buildings.

What is Design Review?

Design review in a local historic district protects the unique character of a place. Property owners use guidelines to help them improve their property while keeping historic architectural integrity intact.

How does the Design Review process work?

You must get a Certificate of Appropriateness (COA) from the Old Village Historic District Commission before starting

- any total or partial demolition;
- exterior alteration or addition that is visible from the right-of-way;
- hardscape in the front lawn that covers more than 40% of the area;
- new construction;
- within the Old Village Historic District (OVHD).

Demolition includes demolition by neglect. Alteration includes changes and/or additions to an existing building or structure. New construction refers to the erection of an entirely new building or structure and includes but is not limited to new houses, outbuildings, commercial buildings, storage buildings, and retaining walls. A COA is also required before moving any building into, out of, or within the HD.

The Commission reviews only exterior elevations that are visible from the public right-of-ways. The Commission does not govern the use of a building; the proposed use of a building cannot be considered at a COA hearing.

The Commission must approve your application if it meets all the guidelines. The Commission may only deny applications when the proposed work does not meet ordinance requirements. These guidelines present objective standards by which applications can be evaluated.

Buildings, site features, and materials that are not in harmony with the historic character of the OVHD do already exist in the OVHD; such items were likely introduced after the period of historic significance, when most of the area was developed, and before the introduction of the CHD overlay zoning. You are not required to remove inharmonious construction or inappropriate materials that already exist in the OVHD. It is not appropriate, however, to introduce construction that does not complement the streetscape or materials that are not on the Approved Materials List based on the argument that it already exists in the district. Additionally, if you remove an existing inappropriate feature or material-such as a chain-link fence or aluminum siding-you will not get approval to reintroduce the inappropriate feature or material to the site or building.

Does all work have to go through Design Review?

No. Routine maintenance and repair when all materials used are on the Approved Materials List and the changes do not result in a change in exterior appearance to the building and/or parcel does not need design review. If some bricks come loose at the top of your chimney and you need to replace them, you may-as long as the chimney looks the same when the work is finished as it always looked. A change in paint color likewise does not require review, when the selected color is within the approved color palette.

Interior work also does not require design review, but if an interior design requires that changes be made to the exterior, then the exterior work will need a COA. Replacing a linoleum floor with tile, for instance, does not require design review. But if your new kitchen design requires removal or relocation of a window (that is visible from the right-of-way) to accommodate a new stretch of countertop, you need to file an application for the change to the window and/or your plans for patching the hole. None of the work that relates to the interior should be included in the application.

My proposed job is simple and meets the guidelines; do I really have to wait a month for the next Commission hearing to get a COA?

Probably not. Work that requires a COA is divided into two categories: Minor Work and Major Work. Applications that consist only of Minor Work will be reviewed by the Commission staff person, who works in the Planning Department. It is to the applicant’s benefit to discuss the work during the planning stages with the Commission staff. This will likely speed the review time and make getting your COA even simpler and faster. If the work does not meet the guidelines, the Commission staff will advise you on how to change it so that it does. If all the work meets the guidelines, the staff person can issue your COA within a week. The staff person cannot deny COA applications therefore the application will be heard at the next Commission hearing once all application requirements have been met.

How do I get a COA?

1. Begin by reading the guidelines in this book that relate to your project.

2. Check other regulations, including the zoning code, the tree ordinance, and FEMA requirements, if appropriate.

3. Contact the State Historic Preservation office to see if your project qualifies for rehabilitation tax credits. This website has more information: http://www.state.sc.us/scdah/hphistorichomestax.htm

4. If your project is substantial in scope, get a rough idea of what you want the work to achieve and discuss it with Commission staff, perhaps on site, to plan the work so that it is compatible with the guidelines.

5. Consult with professional designers, if you choose, now that you have the results of the previous steps. (If you plan to have an architect or contractor complete the application process in your place, the architect or contractor can complete the above steps for you. It is important, however, for the project decision makers to be very familiar with the guidelines.)

6. File an application describing your work; it is beneficial to the applicant to read the Commission meeting minutes, to read the guidelines and ordinances and consult with the Commission staff prior to filing your application. The application is reviewed by Commission staff and generally approved within a week if the project is considered Minor Work and meets all relevant guidelines. Otherwise, the application is heard at the monthly public meeting. When the application is placed on the monthly agenda by Commission staff it is to be considered a complete application. When an applicant has followed the guidelines and consulted with the Commission staff, the application should be approved by the Commission.

How do I know if my work is Minor Work or Major Work?

See pages 32 and 33

How do I file a Minor Work COA application?

The Town Council has approved a list of items that are considered Minor Work. Such work can usually be reviewed and approved by Commission staff within seven days of filing a complete application consisting only of Minor Work. One application can include several Minor Work items. If a contemplated project includes both Minor Work and Major Work items, you may find it helpful to file one application for all the Minor Work and a second application for any Major Work. Consultation with commission staff during the project planning period can facilitate the separation of tasks into Major Work and Minor Work and can expedite the filing and reviewing of applications.

Note that Commission staff may not deny applications. If staff cannot approve a Minor Work application because it does not meet the design guidelines, that application will be heard by the Commission at a regularly scheduled hearing (the application must meet regular hearing deadlines and application requirements and procedures). In this situation, however, you also have the option of changing the application so that it does meet the guidelines and can be approved by staff. In such cases, staff will indicate which portions of the proposed work do not meet the guidelines so that you can revise as needed.

There is no application fee for filing Minor Work applications.

How do I file a Major Work COA application?

Major Work generally includes new construction, additions, demolition, or similar major changes to a building or parcel. The application process runs much more smoothly if you consult with Commission staff early in the project planning process to ensure that your application is complete and filed on time. Early consultation for more complicated projects also increases the likelihood that work is planned in a manner that meets the guidelines.
The deadline for receiving complete COA applications to the Commission staff in the Planning Department is fourteen (14) working days before the COA hearing. A schedule of the COA hearings and application filing deadlines is available on the Town of Mount Pleasant website at www.townofmountpleasant.com . Look for the "Boards and Commissions" banner to the right edge of the screen, and clink on the hotlink "Historic District Commission" to get to the Commission's page. You'll find schedules, as well as application forms and other information, under the "Resources" banner on the right.

Please note that you must file six (6) copies of a complete application for Major Work before the deadline. The Commission staff needs time to evaluate the application and deliver it to the Commission members; the members then need time to review the application and make a site visit, if appropriate. Commission staff receives all applications and checks them for completeness. Applications that include Major Work are added to the COA agenda in the order that the applications are received, as long as the application is complete. Commission staff must notify applicants within five (5) working days of submittal if applications are not complete and advise on what elements are lacking. The application must be resubmitted no later than three (3) working days prior to that month's Commission meeting. Applicants may request a copy of the Commission staffs recommendations and receive same as soon as they are made available to the Commissioners.

How do I know if my application is complete?

The best thing to do is consult with the Commission staff as you are planning the project; the staff person will let you know what to include in the application.

It is beneficial to the applicant to read minutes of previous Commission meetings (available on the town website) and to be familiar with the ordinances and guidelines that pertain to their application.

A complete application consists of six (6) copies of at least the following:

- a Town of Mount Pleasant COA application form legibly completed
- a thorough written description of work proposed.
- a description of all materials to be used, including samples if requested.
- a description of all exterior changes that will result from proposed work.
- photographs (clear color prints or printed color versions at least 3" by 5" in size) of existing conditions and of surrounding properties and streetscapes, as appropriate.
- an accurate survey showing existing conditions and the location of proposed additions, demolition or new construction, if any such work is included in the application.
- accurate drawings of each affected elevation depicting proposed work with sufficient detail to show the architectural design of the building and the proposed work.

The fee for filing a Work COA application is posted on the town's website. You may also contact Commission staff for the current application fee.

Is the public notified when COA applications are filed?

When a Major Work application is filed for a particular property, the Commission staff will post a sign at that property at least seven (7) working days before the hearing. Minor Work applications reviewed by Commission staff do not require public notification.

How are COA applications reviewed?

Upon receiving a complete application for a property in the OVHD, the Commission shall base approval or denial only upon the specific criteria stated in these design review guidelines as approved by Town Council. In cases of Minor Work review, Commission staff shall base approval only upon the specific criteria stated in these design review guidelines. The Commission or Commission staff does not consider the following in reviewing applications.

- building use
- exterior building features where 25% or less of the feature is visible from public right of ways in any season
- landscaping
- Note that the harbor is considered a public right-of-way, as are public streets and alleys.

What happens after my COA is approved?

The Commission will send you the COA within ten (10) working days of approval of plans. The COA is valid for two (2) years from the date of approval by the Commission. You may file for your building permit, if needed for the project, any time during those years. Work on the project must begin before the COA expires and must proceed along a reasonable schedule with no significant work stoppages. If the COA expires before work begins, the applicant must file a new application for the work, resubmitting all required materials for approval by the Commission.

If you know that you will not be able to start work or even apply for a building permit before your COA expires, you may at any time while the COA is valid request an extension of the two-year time limitation.

What if my application is denied a COA?

The Commission will deny your application if it finds that the proposed work doesn't meet the specific criteria in the design review guidelines. At the public hearing, the Commission MUST explicitly state how the application fails to meet the guidelines when making a motion for denial. The Commission must provide the minutes of the hearing to the applicant within two weeks of the denial of the application.

If the Commission denies a COA, a new application affecting the same property may be submitted if substantial change is made in the plans for the proposed work. If the Commission denies a COA without explicitly stating in its motion for denial the section and all other pertinent subsections of the ordinance or guidelines, an applicant may request a new hearing. A new hearing is also appropriate if unrelated sections or sections taken out of context are cited in a motion to deny an application. The Commission will operate on the assumption that each applicant is entitled to a clear understanding of the reason and exact ordinance that has not been met when issuing a denial.

How can I appeal a decision?

The appeals process is established by the state legislation that enables Mount Pleasant to establish the OVHD overlay zoning and its design review guidelines. The legislation states that any person may appeal a decision of the Commission to the Courts of South Carolina. The relevant section of the South Carolina Code of Laws is Section 6-29-900 et sequituir.

Are there fines or penalties for non-compliance?

The OVHD designation is an overlay zoning designation; if you do work that does not meet the guidelines or does not have a COA, you are in violation of the zoning code. The systems of fines applied by the Town of Mount Pleasant for violation of the zoning code apply to violations of this process as well.