The title of this ordinance shall be the City of Abbeville SC Historic Properties Protection Ordinance.

The purpose of this ordinance is to:

A.

Protect, preserve and enhance the distinctive architectural and cultural heritage of the City;

B.

Promote the educational, cultural, economic and general welfare of the people of the City;

C.

Foster civic pride;

D.

Encourage harmonious, orderly and efficient growth and development of the City;

E.

Strengthen the local economy and encourage business development in the historic commercial district; and

F.

Improve property values.

It is the intention of City Council that by encouraging a general harmony of style, form, proportion and material between buildings of historic design and those of contemporary design, the City's historic buildings and historic districts will continue to be a distinctive aspect of the City of Abbeville and will serve as visible reminders of the significant historical and cultural heritage of the City and County of Abbeville and the State of South Carolina.

This ordinance is part of the zoning ordinance of the City of Abbeville and is enacted pursuant to the South Carolina Code of Laws, Sections 6-29-710 and Section 6-29-870 et sequitur.

(Ord. No. 8-2019, § 1, 9-10-2019)

The City of Abbeville's Historic District is hereby locally designated as a Historic District Overlay, with initial boundaries as shown on the official zoning map of the City of Abbeville, together with the zoning ordinance and this ordinance, and incorporated herein by reference. Abbeville's initial Historic District includes the park (or plaza) in the middle of Court Square and all commercial or public properties facing the square. For a more complete description, see Appendix A.

A.

Creation: In order to implement the provisions of this ordinance, there is hereby established the City of Abbeville Historic Properties Protection Commission, hereinafter referred to as the HPCC, consisting of seven members, which shall have the power and the duties as provided in the SC Code, Title 6, Chapter 29, Section 870 et seq.

B.

Composition and appointment: The HPPC shall consist of seven members who shall be appointed by City Council. None of the members shall hold any elected public office. Nominations for committee membership may come from the community at large. Nominees shall demonstrate interest in historic preservation and knowledge of preservation-related fields such as architecture, local history, planning, archaeology, real estate, engineering, construction or law. The HPPC may, at its discretion, enlist the advice of consultants from those disciplines listed previously.

C.

Terms of office: Members shall serve a term of four years. Terms shall be staggered so that the terms of three (3) members shall expire in each odd-numbered year, and terms of four (4) members shall expire in each even-numbered year. Members shall serve until their successors are appointed and installed. A member who replaces another member in mid-term shall serve out the remainder of the term. Newly appointed members shall be installed and assume their duties at the first regular meeting following their appointments.

D.

Compensation: Members shall serve without compensation. Reimbursement for actual expenses incurred in the performance of official duties may be reimbursed from budgeted funds if available pursuant to reimbursement policies and procedures for employees of the City.

E.

Removal of members: Any member of the HPPC may be removed from membership by majority vote of Council for repeated failure to attend meetings of the HPPC or for any other cause deemed sufficient by Council.

F.

Appointment to fill a vacancy: In the event any seat on the HPPC becomes vacant due to removal, resignation, or any other cause, the Mayor shall appoint a replacement within sixty (60) days for the remainder of the unexpired term, subject to confirmation by Council.

G.

Conflict of interest: Any member of the HPPC who has a direct or indirect personal or financial interest in any property which is the subject matter of, or affected by, a decision of the HPPC shall be disqualified from participating in the decision of the HPPC concerning the property.

H.

Liability of members: Any member of the HPPC acting within powers authorized by the ordinance shall be relieved from personal liability for any damage and held harmless by the City of Abbeville. Any such suit brought against any member of the HPPC shall be defended by a legal representative furnished by the City until the termination of the proceedings.

I.

Organization and rules of procedure: As required by SC Code Section 6-29-870(D), the HPPC shall adopt rules of procedure in accordance with the provisions of State law as shown in Appendix B, "Rules of Procedure." The HPPC shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed at City Hall and shall be a public record. The Chairman shall be a full voting member.

The HPPC shall promote the purposes and objectives of this ordinance, shall have the following powers, and shall perform the following functions:

A.

Review and recommend to Council the designation of individual historic properties and/or historic districts.

B.

Review and recommend to County preservation plans for the City and coordinate with the Abbeville City Planning Commission about comprehensive land use plans.

C.

Review plans and applications, as hereinafter provided for all new construction, for exterior modifications to structures, or for demolition or removal of structures within historic districts; or for modifications to or demolition or removal of historic landscape features within historic districts; of for construction or modification to or demolition or removal of locally designated historic properties.

D.

Review and approve; approve with modifications; or deny approval for such plans and applications, in accordance with prescribed procedures and guidelines.

E.

Educate the public about preservation, restoration and the history of the City of Abbeville.

F.

Make annual reports to Council.

G.

No member will interact with the public about matters relating to violations of the ordinance unless in the confines of a public meeting. No member should review buildings for violations or talk with property owners about violations. All complaints about violations of the ordinance should be addressed to the City of Abbeville, Code Enforcement Officer through proper documented channels.

(Ord. No. 8-2019, § 2, 9-10-2019)

The HPPC shall maintain a local inventory of buildings, structures, objects and sites more than fifty years old. These records shall be available to the public.

From time to time, the HPPC, with the approval of council, may designate historic properties and historic districts and may add properties to an existing Historic District. The HPPC, council, the owner of the property or the owner's authorized agent, or any ten residents of the city may nominate an object, property, site or district to historic designation. Requests for designation shall be made on a request form provided by the HPPC and available from the designated city administrator.

When considering additional designations, the HPPC shall review the local historic inventory and make recommendations for historic designation to council.

Prior to recommending a site or area to council as historic, the HPPC shall hold a public hearing, advertised and conducted according to lawfully prescribed procedures, to receive comments from interested members of the public concerning the proposed designation. Within 15 days after the HPPC public hearing, public notice shall be published in the local newspaper, conspicuously posted on or adjacent to the property affected, and mailed, certified with return receipt requested, to the address for the property listed on the most current city real estate tax record.

Following the HPPC public hearing at which a designation is considered, the HPPC shall vote to recommend or deny the designation/designations. If the HPPC votes to recommend, the HPPC shall immediately forward that recommendation to the Abbeville planning commission and Abbeville city council.

The Planning Commission shall call a meeting within 30 days after receipt of the HPPC results to provide its formal comment to city council on Ordinance adoption, amendment, and/or designation of historic objects, properties, sites or districts.

A.

Within 45 days after receipt of comment by the planning commission, city council shall consider recommendation for historic designation. An object, property, site or district may be designated as historic based on one or more of the following criteria:

1)

Has significant character, interest, or value as part of the development or heritage of the community, state or nation; or

2)

Is the site of an event significant in history; or

3)

Is associated with a person or persons who contributed significantly to the culture and development of the community, state or nation; or

4)

Exemplifies the cultural, political, economic, social, ethnic, or historic heritage of the community, sate or nation; or

5)

Embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering, individually, or as a collection of resources; or

6)

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

7)

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

8)

Is part of or related to a square or other distinctive element of community planning; or

9)

Represents an established and familiar visual feature of the neighborhood or community; or

10)

Has yielded, or may be likely to yield, archeological information important in pre-history or history.

B.

Owner Notification: Owners of properties shall be notified by council in writing 30 days prior to consideration by council. Owners may appear before council to voice approval or opposition to such a designation.

C.

Identification on city zoning map: All locally designated historic properties and historic districts shall be clearly shown on the zoning overlay map.

D.

Opposition to designation: Any property owner may object to the decision by council to designate his or her property as historic by filing suit against the City of Abbeville before the Courts of the State of South Carolina. (Note: This suit must be based on procedural nonconformities in the designation process or on the misapplication of the criteria for designation as specified in the ordinance or under SCCL 6-29-870, not simply on the desire not to be included in the locally designated district. In the case of the individual landmarks, the basis for challenging designation is the same.)

(Ord. No. 2-2014, § 1(App. A), 4-15-2014)

The authority of the HPPC extends only to the Abbeville city limits. The jurisdiction of the HPPC for the recommendation of properties to be designated historic is within the Abbeville city limits. The jurisdiction of the HPPC for the review of proposed alterations to historic landscapes and the exteriors of buildings, new construction, and demolition or removal is the individual properties and districts that have been designated by the Abbeville City Council as historic.

When the provisions specified under the authority of this ordinance impose other, more restrictive standards than are required in or under another ordinance, statute, or regulation, the provisions made under the authority of this chapter shall govern. When the provisions of another ordinance, statute or regulation require more restrictive standards than are required by this ordinance, the provisions of the more restrictive ordinance, statute or regulation shall govern.

The HPPC may conduct first review and evaluation of all proposed nominations for the National Register of Historic Places for properties that are within its jurisdiction, prior to consideration by the State Board of Review. The HPPC may send their recommendations to the State Historic Preservation Office for consideration at the meeting of the State Board of Review. The HPPC shall not nominate properties directly to the National Register; only the State Board of Review shall have this final review authority unless expressly authorized by federal statute.

Within the City of Abbeville's Historic District(s) or for individual properties designated historic, a Certificate of Appropriateness (COA) is required before a building permit can be issued for new construction; alteration; repair; restoration or rehabilitation; demolition or removal of exterior architectural features or historic landscapes. Any building permit or other permit not issued in conformity with this section shall be considered void.

A.

Required Procedure. A Certificate of Appropriateness is an application form which the HPPC shall recommend to Council for approval. An application for COA shall be obtained from the appropriate city administrator designated by the City Manager. The property owner or the owner's authorized representative shall complete and sign the application for a COA and file it with the designated city administrator. Following review by the HPPC, the COA shall be signed by the chairman or vice-chairman of the HPPC. On a place provided on the COA, the officer signing the form shall state the HPPC's approval, denial, or approval with conditions and the reasons for the decision. The HPPC shall annually recommend to Council the fee for filing a COA.

B.

Pre-Application Review Process. Prior to significant expenditures of time and financial resources, applicants are encouraged to submit a pre-application, consisting of drawings, photographs, and specifications, including material samples, for review and discussion with the designated city administrator. Pre-application review is advisory only and is not binding on either the applicant or the HPPC. The COA application form adopted by the HPPC shall contain a provision by which the designated city administrator is authorized to approve projects designated as minor work as outlined herein.

C.

Contents of Application. The HPPC shall, as part of its Certificate of Appropriateness application form, require data that are reasonable and necessary to determine the nature of the application. The application shall show in detail all proposed exterior alterations, and modification and/or new construction, and shall provide all information requested on the application form. An application shall not be considered complete until all the required data have been submitted. Such data may include by are not limited to drawings, photographs, and samples of materials.

D.

HPPC Actions on Application. The HPPC shall review the application and shall decide whether the proposed action complies with the design standards and guidelines as set forth herein. In acting upon the application, the HPPC shall either issue a Certificate of Appropriateness, including such conditions it deems appropriate in conformance with the standards here, or deny the application. If a quorum is present, actions shall be taken by a majority vote of the HPPC members in attendance. The decision of the HPPC, along with the reasons for each decision, shall be stated on the individual COA and shall be recorded in the minutes and be available upon request as a public reference for preservation procedures.

Additional guidance for actions by the HPPC include the following:

1)

The applicant shall have the right to be heard before the HPPC and to make such presentation as he/she deems appropriate to explain the application and answer questions posed by HPPC members.

2)

The HPPC may request the submission of additional or clarifying information and materials and may postpone action on an application to a special meeting or the next regularly scheduled meeting to consider this input.

3)

Similarly, the HPPC may postpone action on an application to a special meeting or the next regularly scheduled meeting in order to provide notice to affected property owners or to call a public meeting or public hearing on the application.

4)

If the HPPC votes to issue a COA, the chairman or vice-chairman of the HPPC shall sign the COA and a copy shall be delivered to the building official.

5)

If the HPPC votes to deny the COA, the COA and the minutes of the meeting shall state the reasons for the decision. If the applicant is not present, the minutes of said meeting verifying the action of the HPPC shall be sent to him or her via certified mail, return receipt requested.

E.

Time Limits. Applications for a Certificate of Appropriateness shall be considered by the HPPC at its next regular meeting, provided they have been filed at least seven (7) calendar days before the regularly scheduled meeting of the HPPC. The HPPC shall take action on an application no later than the second regularly scheduled monthly meeting following the submission of the application unless the applicant agrees to the postponement of action; provided, however, that the time limits for demolition shall be stated herein below. If the HPPC fails to action within forty-five (45) days after the completed application is received, the application shall be considered approved. All Certificates of Appropriateness shall expire one (1) year from the time they are approved.

F.

Notification of Affected Property Owners for Public Hearing. If the HPPC postpones action on an application prior to issuing approval or denial of a Certificate of Appropriateness, the HPPC shall inform the owners of any property likely to be affected by the application and shall give the applicant and such owners an opportunity to be heard. Public notice of the agenda of the HPPC hearing shall be published in the local newspaper, and notice of the hearing shall be conspicuously posted on or adjacent to the property affected, and mailed with first class postage, return receipt requested, to adjacent property owners and occupants. All public notice shall be made at least fifteen (15) days prior to the meeting.

G.

Submission of a New Application. If the HPPC determines that a Certificate of Appropriateness should be denied, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work.

H.

Maintenance, Repair, and Interior Projects. A COA is not required for the ordinary maintenance or repair of any historic landscapes or exterior architectural feature of structures subject to review unless that repair involves a change in design, material, or outer appearance of the structure. The HPPC shall not consider the interior arrangements or alterations to the interior of a building unless the interior of a public building space of a private building is specifically described and designated as historic. This does not apply to minor or major work as defined in section 12.

I.

Health and Safety. Nothing in this ordinance shall prevent the construction, alteration, or demolition or removal of any feature which the building inspector or similar official shall certify is required for the public safety because it is unsafe or dangerous.

J.

Demolition or Removal.

1)

No building, structure, historic garden, or historic landscape in the Historic District shall be demolished or otherwise removed until the owner thereof has received a Certificate of Appropriateness from the HPPC. The HPPC may delay the granting of the Certificate of Appropriateness for a period of up to 180 days from the time of the filing of the application with the appropriate city administrator. If the HPPC determines that the structure has no particular historic significance or value toward maintaining the character of the Historic District, it may waive all or part of the 180-day notice period, thereby allowing the demolition or removal to proceed.

2)

If the HPPC recognizes that the demolition of a structure may constitute an irreplaceable loss to the quality and character of the city, the HPPC may extend the postponement for a Certificate of Appropriateness for another 180 days while it balances the contribution of the particular structure to the character of the district against the special merit of the proposed replacement project.

3)

In considering a Certificate of Appropriateness to demolish, the HPPC shall consider the following:

a.

The historic or architectural significance of the structure;

b.

The importance of the structure to the integrity and character of the district or city;

c.

The difficulty or the impossibility of reproducing such a structure because of its design, material, detail or unique location;

d.

Whether the building is one of the last remaining examples of its kind in the neighborhood, the city, the region, the state or the nation;

e.

Whether reasonable measures can be taken to save the structure from further deterioration, neglect, or collapse;

f.

Evidence presented by the applicant proving unreasonable economic hardship;

g.

The merit of the proposed replacement project in enhancing the character, harmony and economic health of the community.

4)

Within this period of postponement of such demolition or removal, the HPPC shall also work closely with the owner to find an appropriate use for the property, to help find a buyer, or to obtain funding for rehabilitation, including low interest loans or grants. The HPPC shall take steps to ascertain what can be done to preserve the building. Such steps shall include, but not be limited to, consultation with civic groups, interested citizens, and public boards and agencies. The HPPC may call a public hearing to inform the public of the threat to the building, its value as part of the fabric of the community, and, through these means, seek to provide assistance in preserving the building and solicit input concerning the proposed demolition or removal.

5)

After the postponement period has elapsed, and if the HPPC has been unable to determine an adequate alternative to demolition or removal, the Certificate of Appropriateness shall be granted.

6)

In the event that it comes to the attention of the HPPC that any building or structure designated as historic is being allowed to deteriorate by neglect, the HPPC may take steps to encourage the owner of the property to make sufficient repairs to arrest the deterioration, thereby maintaining appearances and protecting property values in the Historic District.

K.

Requirements of Municipality, County, and Public Utilities. The City of Abbeville shall lead by example. The City and County of Abbeville and all public utility companies shall follow the guidelines and review procedures laid out in Section 12 of this ordinance.

L.

Substantial Economic Hardship. In the event a Certificate of Appropriateness is denied, the property owner may apply for an exception based on the substantial economic hardship of maintaining the property according to the design guidelines for historic properties. Substantial hardship is to be considered by the HPPC where one or more of the following unusual and compelling circumstances exists:

1)

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

2)

There are no other reasonable means of saving the property from deterioration, or collapse; or

3)

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.

An application for a Certificate of Substantial Economic Hardship shall be made on a form approved by the HPPC and provided by the appropriate city administrator. The HPPC may solicit expert testimony or require that the applicant submit documents concerning any or all of the information contained in Appendix C before making a determination on the application. Appendix C also includes the process whereby Substantial Economic Hardship is considered.

(Ord. No. 8-2019, § 3, 9-10-2019)

A.

Intent. It is the intent of this ordinance to ensure insofar as possible that properties designated as historic shall be in harmony with the architectural and historical character of the City of Abbeville. In granting a Certificate of Appropriateness, the HPPC shall take into account the architectural and historical significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure, historic gardens and landscape features, as well as the effect of such change or additions upon other structures in the vicinity.

B.

The Secretary of the Interior's Standards for Rehabilitation. When considering an application for a Certificate of Appropriateness for new construction, alteration, repair, or restoration, the HPPC shall use the Secretary of the Interior's Standards for Rehabilitation as guidelines in making its decisions. In addition, the HPPC may, with approval by Council, adopt more specific guidelines for local historic districts and local historic buildings. These guidelines serve as the basis for determining the approval, approval with modifications, or denial of an application.

The Secretary of the Interior's Standards for Rehabilitation:

1.

A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

2.

The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

3.

Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4.

Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5.

Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6.

Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

7.

Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8.

Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9.

New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.

New additions and adjacent or related new construction will be undertaken in a such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

C.

Exceptions to Specific Standards. The City recognizes that from time to time these standards may present difficulties to property owners who wish to repair, use or adaptively reuse structures within the Historic District. Accordingly, the HPPC may, but is not required to, grant an exception to any specific guidelines set forth in this ordinance if it expressly finds:

1)

The proposed action will maintain the overall appearance of period authenticity; and

2)

New, replacement or repaired features will be consistent with the architectural features of the structure; and

3)

The proposed action will not adversely affect historic gardens, historic landscape features or other structures in the vicinity, or diminish the character of the Historic District.

[D.]

Administrative Review. This is a staff level review that does not have to go before the HPPC. Property owners are encouraged to contact the Zoning Administrator to discuss their projects to determine what level of review might be necessary. Staff can explain the City of Abbeville's design guidelines and the standards of design required for a planned project. Forms will be made available for projects that are deemed acceptable for administrative review.

1)

No review required - for interior changes and changes classified as repairs or maintenance as described in Section 11 - Subsection D.

2)

Minor Work - Simple repairs to existing building fabric using similar means of replacing the material with like-materials as would have been employed at the time the historic material was used.

Other minor work that can be approved by staff include but are not limited to:

•

Additions or New Construction not visible from street

•

Awnings and Canopies (New Installation)

•

Curb Cuts

•

New Decorative Shutters

•

New Garage Doors (Any location or Change in Material or Size)

•

Equipment (Antennas, Satellite Dish 18" or less, HVAC, Refrigeration Unit, Exterior Exhaust etc.)

•

Replacement of Non-historic materials with Original Configuration

•

Mechanical Systems (New or Relocation)

•

Pools (Rear Façade Only)

•

Re-Pointing, Repair of Masonry

•

Site and Landscaping Lighting

•

Solar Collectors, Sky Lights (Install new, any location)

•

Steps (Install new, any location)

•

Windows (Replace, same material, size, shape, configuration, any location)

•

Roofing (retaining original design and material type)

•

Fences or gates, new or change in materials

•

Gutters and downspouts, gutter covers replaced with new materials

•

Mechanical Systems (New or Relocation)

•

Windows and Doors within existing openings (Retain original size/design)

•

Siding and masonry repairs using like materials

•

Porch rails, decking and skirting (retain original design)

•

Temporary Signage

•

Permanent Signage which meets the Zoning Ordinance

•

The repair of streets and sidewalks using like materials

•

Paint changes on pre-painted buildings

•

Any additional minor change that uses the new materials, size, design and location

[E.]

Review by the Historic Properties Protection Commission. The HPPC Board Review process is limited to major changes to the exterior of structures located in the local Historic District. Applications are discussed at scheduled meetings and approvals are called "Certificates of Appropriateness" or COA's. The HPPC makes every effort to work with applicants to achieve mutually beneficial outcomes.

1)

Major Work - Changes in contextual site and setting that require meeting with the commission with documentation include but are not limited to:

•

Additions/New Construction visible from street/new, any size, or demolition

•

Decks, Patios and Porches that are new and visible from the street / with structure

•

Demolitions (Part or all of structure)

•

New Doors, Garages or Windows requiring a change in opening

•

Exterior Siding if replacing with new materials

•

Storefront facades, bulkhead, displays (repair, removed, reconstruct, new or new opening), Entry Doors (New or New Opening), Transom Windows

•

Fountains that are new or visible from street

•

Relocation of building or structure

•

Change shape of roof

•

Sheds

•

Private walkways (New construction, new materials, and relocation)

•

Plaques and Murals

•

Storm Windows and Storm Doors (New Installation)

•

Trim (New, change in size, design or repair with new materials)

(Ord. No. 8-2019, § 4, 9-10-2019)

A.

Appeals to the Historic Properties Protection Ordinance.

1)

Appeals to the HPPC may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the HPPC, or both, by filing with the officer from whom the appeal is taken and with the HPPC, notice of appeal specifying the grounds of it. The officer from whom the appeal is taken immediately must transmit to the HPPC all the papers constituting the record upon which the action appealed from was taken. Upon a motion by a party or the HPPC's own motion, the HPPC may remand a matter to an administrative official if the HPPC determines the record is insufficient for review. A party's motion for remand may be denied if the HPPC determines that the record is sufficient for review. The HPPC must set a rehearing on the remanded matter without further public notice for a time certain within sixty (60) days unless otherwise agreed to by the parties. The HPPC must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed certified, return receipt requested to these persons prior to the rehearing.

2)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the HPPC, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the HPPC or by a court of record on application, upon notice to the officer from whom the appeal is taken, and on due cause shown.

3)

The HPPC must fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice of the hearing, as well as due notice to the parties in interest, and may decide the appeal or other matter within a reasonable time. At the hearing, any party may appear in person, by agent, or by attorney.

B.

Appeals from Historic Property Protection Commission. In accordance with Sections 6-29-880 SC Code of Laws, any person having a substantial interest in a final decision of the HPPC may appeal to the Circuit Court for Abbeville County, by filing with the Clerk of Court a written petition setting forth plainly, fully and distinctly why the decision is contrary to law. The appeal must be filed within thirty (30) days after the affected party received actual notice of the HPPC's final decision. The law was amended in 2003 to allow for pre-litigation mediation. Pre-litigation mediation must be requested as part of the appeal filed with circuit court, and must be carried out in accordance with the SC Circuit Court Alternative Dispute Resolution Rules. A mediated solution must be approved by the circuit court judge. If mediation fails, the judge will then review the facts and issue an opinion.

Violations of this ordinance are violations of the City's zoning ordinance and may be punished as set forth therein. The City's Zoning Administrator is hereby designated as enforcement officer for the purpose of enforcing the terms of this ordinance and shall have the power to issue citations for the violation of this Ordinance, in accordance with the provisions of the City code.

In the interpretation of provisions in this Ordinance, the rules of this ordinance shall be observed and applied, except when the context clearly indicates or requires otherwise.

Word Usage:

The word "shall" is mandatory.

The word "may" is permissive.

The word "person" includes individuals, firms, corporations, associations, trusts and any other similar entities or groupings of such entities.

The word "City" shall mean the City of Abbeville.

In the case of the difference of meaning or implication between the test of this ordinance and any caption, number, illustration, or table the test shall control, unless otherwise specifically noted herein.

Definitions: The following words are used throughout this ordinance.

Administrator: The Abbeville City Manager or designee thereof.

Alteration: A change in the exterior architectural features (including, but not limited to, the kind and texture of the building material and the type, design, and character of the windows, doors, light fixtures, and appurtenant elements) of any historic property or in the interior of any such structure if the interior feature is specifically included in the historic designation; a change in the landscape features of any historic site or place; or work having an adverse effect upon designated archeological resources.

Archeological site: A site that has yielded, or exhibits the promise of yielding, information important in the understanding of human prehistory or history. Such information may consist of evidence of past human life, habitation, or activity, as well as material remains.

Certificate of Appropriateness: Document issued by the Abbeville Historic Properties Protection 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 individual property or the historic district.

City Administrator: See Administrator.

Construction: The act of adding height or enclosed area to an existing structure or landmark, expanding the footprint of an existing structure or landmark, or erecting a structure.

Commission: The City of Abbeville Historic Properties Protection Commission (HPPC), consisting of 7 members.

Council: The Abbeville City Council.

Demolition: Any act of process that destroys in part or in whole a historic landscape or historic structure or feature associated with a historic property.

Design Guidelines: A standard of appropriate activity that will preserve the historic and architectural character of a structure or area and by which the Historic Properties Protection Commission makes its decisions. The document includes policies, principles, and guidelines prepared by the Historic Properties Protection Commission and adopted by City Council, which illustrates appropriate and inappropriate methods of rehabilitation, alteration and construction.

Designated City Administrator: See Administrator.

Distinctive Character: The distinguishing architectural and aesthetic characteristics of a Landmark or Historic Property, or those generally found throughout a Historic District, which fulfill the criteria for designation.

Drawings: Plans and exterior elevations drawn to scale, with sufficient detail to show, as far as they relate to exterior appearances, the architectural design of buildings, including proposed materials, textures and color, including samples of materials, and the plot plan or site layout, including all improvements affecting appearance.

Exterior Architectural Features: The architectural features, character, and general composition of the exterior of a structure or of a locally designated historic property, including, but not limited to, the kind and texture of the building material and the type, design, and character of windows, doors, light fixtures, and appurtenant elements. For the purposes of this Ordinance, the term "exterior features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, and other appurtenant features. These "exterior features" may include historic and significant landscape, archeological and natural features of the area.

Historic District: An area, designated y the City Council in the form of overlay zoning, upon the recommendation of the Abbeville Historic Properties Protection Commission and pursuant to the provisions of this ordinance. A district may be comprised of individual sites, buildings, structures, or objects separated geographically but linked by association or history.

Historic Property: Any place (including archeological site or the location of a significant historical event), building, structure, work of art, fixture, or similar object that has been individually designated by City Council of designated as a property within a historic district.

Improvement: Includes any building, structure, place, fence, gate, landscaping, tree, wall, parking facility, or other object constituting a physical feature, which is not a natural feature.

Integrity: The survival of a sufficient amount of a property's character-defining materials, design features and building fabric, in a manner that allows the observer to interpret the character of the property during its period of significance.

Ordinary Maintenance and Repair: Regular and usual care, upkeep, repair or replacement in kind of any portion of an existing property, building or structure in order to maintain a safe, sanitary and stable condition.

Owner: The person(s) listed in the property records as having fee ownership of an individual parcel or property.

Period of Significance: The time from a building, structure or neighborhood's history during which it gained historical significance.

Planning Commission: The City of Abbeville Planning Commission.

Public Space within a Building: Spaces designed for use by the public, such as auditoriums, courtrooms, lobbies, entrance halls, etc. These spaces are usually gathering places as opposed to corridors for public use.

Preservation: The identification, study, protection, restoration, rehabilitation or enhancement of historic properties.

Rehabilitation: The act or process of returning a building or structure to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural or cultural value.

Removal: Any relocation of a structure or landmark on its site or to another site.

Renovation: The act or process of returning a building or structure to a state of utility through repair or alteration, which makes possible a contemporary use.

Repair: Any change to a structure or landmark that is not construction, removal, relocation, demolition, or alteration.

Restoration: The act or process of accurately recovering the form and details of a building or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

Secretary of the Interior's Standards for Rehabilitation Projects: The US Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings, issued by the National Park Service.

Significant: With reference to a property, building or structure, means having aesthetic, architectural or historical qualities of critical importance to its consideration in connection with the designation of a property.

Structure: Anything constructed or erected the use of which requires permanent or temporary location on or in the ground, or which is attached to something having a permanent location on the ground, including, but not limited to, the following: buildings, gazebos, signs, billboards, radio and television antennae and satellite dishes, including supporting towers, swimming pools, decks, patios, light fixtures, walls, and fences. This definition shall not include play equipment, benches, birdbaths, mailboxes or any other insignificant objects as determined by City Council.

Substantial Economic Hardship: An imposition on the owner or occupant of the premises which arises from compliance with this section and which results in one or more of the following unusual and compelling circumstances, based on one or more of the following: (1) the property cannot reasonably be maintained in the manner dictated by the ordinance; (2) there are no other reasonable means of saving the property from deterioration, or collapse; or (3) the property is owned by a nonprofit organization and it is not feasible financially or physically to achieve the charitable purposed of the organization while maintaining the property appropriately.

Visible: Capable of being seen without visual aid by a person of normal visual activity.

Visible from a street: Able to be seen by a person standing at any point on any street, including, but not limited to, any object that could be seen from a street if not for obstructing trees, vegetation, or fences.

This ordinance shall take effect upon its enactment by City Council, and when the administrative portion of the HPPC is in effect, and guidelines and a Certificate of Appropriateness are adopted.

Justification for the Initial Boundaries of Abbeville's Historic District can be found in its entirety in the original ordinance, pages 12—14.

Historic Properties Commission Rules of Procedure can be found in its entirety in the original ordinance, pages 15—18.

A.

Denial of COA. Upon Denial of a COA, an application for a Certificate of Economic Hardship may be made on a form approved by the HPPC and provided by the City Administrator appointed by the City Manager.

Definitions: The following words, terms, and phrases when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Substantial economic hardship means an imposition on the owner or occupant of the premises which arises from compliance with this section and which results in one or more of the following circumstances:

1)

A costly expenditure which produces only a limited benefit in promoting the purposes of this section;

2)

A serious threat to safety;

3)

A major and enduring impediment to use by a person having disabilities and reasonably expected to be using the premises with significant regularity;

4)

A continual need for significant repair or replacement while providing only limited benefit in promoting the purposes of this section;

5)

The premises will not be adequately protected against deterioration or certain threats to structural integrity; or

6)

Some other condition which seems extraordinary in its adverse impact upon the owners, occupants or regular users of the premises or upon the property itself

The mere existence of additional cost or inconvenience, although significant, or a strong personal preference for an alternative is not by itself sufficient to establish unreasonable hardship.

B.

Determination Process. The HPPC shall schedule a public hearing concerning the application and provide notice in the same manner as Section 11 F. Any person may testify at the hearing concerning economic hardship in the same manner as Section 11 F. The HPPC may solicit expert testimony or require that the applicant make submissions concerning any or all of the following information before it makes a determination on the application:

1)

Estimate of the cost of the proposed construction, alteration, demolition, or removal, and an estimate of any additional cost that would be incurred to comply with the recommendations of the HPPC for changes necessary for the issuance of a Certificate of Appropriateness.

2)

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property 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 removal; after any changes recommended by the HPPC; and, in case of a proposed demolition, after renovation of the existing property for continued use.

4)

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

5)

Amount paid for the property, the date of the purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or application and the person from whom the property was purchased, and any terms of financing between the buyer and seller.

6)

If the property is producing income, the following is required: the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years; and depreciation, deduction and annual cash flow before and after debt service, if any, during the same period.

7)

Remaining balance on any mortgage or other financing secured by the property owner and annual debt service, if any, for the previous two years.

8)

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

9)

Any listing of the property for sale or rent, price asked, and offers received, if any, in the last two years.

10)

Assessed value of the property according to the two most recent assessments.

11)

Real estate taxes for the past two years.

12)

Form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other.

13)

Any other information, including the income tax bracket of the owner, applicant or principal investors of the property considered necessary by the HPPC to make determination as the whether the property does yield or may yield a reasonable return to the owners.

14)

Any other information considered necessary by the HPPC to reach a determination as to whether the property does yield or may yield a reasonable return to the owners.

The HPPC shall review all of the evidence and information required from the applicant and make a determination within thirty (30) days after receipt of application whether the denial of a Certificate of Appropriateness had deprived, or will deprive, the owner of the property of reasonable use of, or economic return on, the property. Reasonable return shall be considered an annual return of a minimum of six percent (6%) of the value of the property. This percentage has been established as a reasonable rate of return on properties where economic hardship has been litigated before the United States Supreme Court. If the HPPC makes a determination that the owner has not proven economic hardship, the application for a Certificate of Appropriateness shall be denied. Written notice of this action shall be provided to the owner within 30 days, and the owner shall have the right of appeal under Section 6-29-900 of the South Carolina Code of Laws.

If the HPPC determines that the owner would suffer economic hardship, the HPPC and City of Abbeville shall then delay the application for a period of ninety (90) days. During this period the HPPC shall investigate and make recommendations to devise incentives to compensate the owner properly. These incentives may include utilizing municipal revenue for low-interest loans when available.

If at the end of the ninety (90) day period the HPPC has found that without approval of the proposed work, an economic hardship would still occur, the HPPC shall issue a Certificate of Appropriateness indicating economic hardship.

In reviewing a request for an exception, the HPPC may require the property owner to provide materials and documents regarding the condition of the structure, available alternatives to the proposed action, costs and financing options. The HPPC may modify the applicant's request for an exception, and shall have the power to approve the request either in whole or in part. All exceptions shall be specified in a written attachment to the Certificate of Appropriateness.