Charleston City Zoning Code
ARTICLE VI
Historic Preservation And Commission
Section 400.200 Purpose And Intent.
[Ord. No. 3058, 11-15-2022]
A.
Declaration. The City Council finds and declares as a matter of public policy that it is the intent of this Chapter to:
1.
Preserve, protect, enhance and perpetuate those structures, buildings, properties and improvements of historical, cultural, archaeological, architectural and aesthetic merit within the City of Charleston as these are in the interest of the health, prosperity and welfare of the people of the City;
2.
Safeguard the City's historic, aesthetic and cultural heritage, as embodied and reflected in such landmarks and districts;
3.
Foster civic pride in the beauty and accomplishments of the past;
4.
Protect and enhance the City's attraction to visitors and the support and stimulus to the economy thereby provided; and
5.
Promote the use of landmarks and historic districts for the education, pleasure and welfare of the people of the City of Charleston, Missouri.
B.
It is further declared that the purposes of this Chapter are:
1.
With respect to the properties in historic districts:
a.
To retain and enhance those properties which contribute to the character of the historic district and to encourage their adaptation for current use;
b.
To assure that alterations of existing structures are compatible with the character of the historic district;
c.
To assure that new construction and subdivision of lots in a historic district are compatible with the character of the historic district;
d.
To stabilize and improve property values in such districts; and
e.
To promote and encourage continued private ownership and use of buildings and other structures to further the objectives of this Chapter.
2.
With respect to historic landmarks:
a.
To retain and enhance historic landmarks in the City of Charleston, Missouri, and to encourage their adaptation for current use; and
b.
To encourage the restoration of historic landmarks.
Section 400.210 Definitions.
[Ord. No. 3058, 11-15-2022]
As used in this Chapter, the following terms shall have these prescribed meanings:
ALTERATION
Any act or process that changes one (1) or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure.
AREA
A specific geographic division of the City of Charleston.
CERTIFICATE OF REVIEW
A certificate issued by the Charleston Historic Preservation Commission (hereinafter CHPC; See CHPC definition below) indicating its review of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic preservation design area.
CHPC
The Charleston Historic Preservation Commission.
CITY COUNCIL
The City Council of the City of Charleston, Missouri.
CONSTRUCTION
The act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property.
DEMOLITION
Any act or process which destroys, in part or in whole, a landmark or a structure within a historic preservation design area or which threatens to destroy a landmark or a structure within a historic preservation design area by failure to maintain it in a condition of good repair and maintenance.
DESIGN GUIDELINE
A standard of appropriate activity that will preserve the historic and architectural character of a structure or area.
EXTERIOR ARCHITECTURAL APPEARANCE
The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and other such elements.
HERITAGE REGISTER
The official register of referential entries, letters, documents, books, manuscripts, records, photographs, maps, plats and similar items of importance in the City's history.
HISTORIC PRESERVATION COMMISSION
The Commission appointed by the Mayor with approval of the City Council of the City of Charleston and authorized and directed to carry out the provisions established by this Chapter for the preservation of significant historical, natural, cultural, archaeological and architectural features. Unless specifically stated otherwise in the Chapter, the term "Commission" shall refer to the Historical Preservation Commission.
HISTORIC DISTRICT
Any district or area, delineated by appropriate boundaries, established by separate municipal ordinance subsequent to a determination by the Historical Preservation Commission that such district or area contains or includes structures or other features of historical, natural, cultural, archaeological or architectural significance to the City.
LANDMARK
A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration and preservation because of its historic and/or architectural significance to the City of Charleston.
LANDMARKS REGISTER
The official register of historic sites, structures, districts or other features designated as landmarks pursuant to the provisions of this Chapter.
ORDINARY MAINTENANCE
Any work for which a building permit is not required by municipal ordinance, where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a structure or any part thereof and to restore the same, as nearly as may be practical, to its condition prior to the occurrence of such deterioration, decay or damage.
OWNER OF RECORD
The person, corporation or other legal entity listed as owner on the records of the County Recorder of Deeds.
PUBLIC IMPROVEMENT PROJECT
An action by the City of Charleston or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, streetlights, street or sidewalk furniture, landscaping or other portions of the public infrastructure servicing commercial, residential or industrial development.
PLANNING COMMISSION
The Planning Commission of the City of Charleston established pursuant to Chapter 410.
REMOVAL
A relocation of a structure on its site or to another site.
REPAIR
Any change that is not construction, removal or alteration.
SECRETARY OF THE INTERIOR'S PROFESSIONAL QUALIFICATION STANDARDS
Qualification standards used by the National Park Service, and previously published in the Code of Federal Regulations, 36 CFR 61 that define minimum education and experience required to perform identification, evaluation, registration, and treatment activities.
SECRETARY OF THE INTERIOR'S STANDARDS
The Secretary of the Interior's Standards for the Treatment of Historic Properties are sets of treatment standards intended to assist users in making sound historic preservation decisions for the preservation, rehabilitation, restoration or reconstruction of historic properties. The standards are codified as 36 CFR 68 in the July 12, 1995, Federal Register (Vol. 60, No. 133). The most current version of the standards should always be used.
SITE
Any area occupied or utilized by humans for a sufficient length of time to construct features or deposit artifacts or any place of evidence of past human activity. Sites include, but are not limited to, occupation, location, work areas, evidence of farming or hunting and gathering, burial remains, artifacts and structures of all types.
STRUCTURE
Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, and/or billboards.
SURVEY
The systematic gathering of information on the architectural, historic, scenic, and archaeological significance of buildings, sites, structures, areas, or landscapes, through visual assessment in the field and historical research for the purpose of identifying landmarks or districts worthy of preservation.
Section 400.220 Creation Of The Commission As A Municipal Board.
[Ord. No. 3058, 11-15-2022]
There is hereby created a Commission to be known as the Charleston Historic Preservation Commission of the City of Charleston, Missouri, for the purpose of implementing the provisions of this Chapter.
Section 400.230 Historic Preservation Commission-Composition- Number And Term Of Commission Members - Filling Vacancies - Expenses.
[Ord. No. 3058, 11-15-2022]
A.
Composition Of Historic Preservation Commission. The Charleston Historic Preservation Commission (CHPC) shall consist of five (5) members, either residents of the City of Charleston or owners of historic properties within the City of Charleston, all of whom shall be appointed by the Mayor and approved by the City Council. In addition, a member of the City Council shall serve as an ex officio member but shall have no vote. The City Manager will serve as the City's staff liaison to the CHPC. All Commission members must have a demonstrated interest, competence or knowledge in historic preservation. To the extent available in the community, the CHPC shall include professional members representing such disciplines as architecture, archaeology, anthropology, banking, conservation, cultural geography, engineering, history, landscape architecture, law, real estate brokerage, or other fields related to historic preservation, and residents of historic districts or potential historic districts.
B.
Terms. The terms of office of the members of the CHPC shall be for three (3) years, except that the membership of the first CHPC appointed shall serve respectively for terms of one (1) for one (1) year; two (2) for two (2) years; and two (2) for three (3) years. Vacancies shall be filled for the unexpired term only. Action to fill vacancies shall be initiated within sixty (60) days. The CHPC shall hold at least four (4) meetings per year and any member of the CHPC who fails to attend at least fifty percent (50%) of all meetings, regular and special, in any calendar year, shall thereby automatically vacate the membership.
C.
Officers. Officers shall consist of a Chair and a Vice Chair elected by the CHPC who each shall serve a term of one (1) year and shall be eligible for reelection. The City Council representative shall not be eligible for office. The Chair shall preside over meetings. In the absence of the Chair, the Vice Chair shall perform the duties of the Chair. If both are absent, a temporary Chair shall be elected by those present. The Secretary of the CHPC shall be appointed by the Board and shall have the following duties:
1.
Take minutes of each CHPC meeting;
2.
Be responsible for publication and distribution of copies of the minutes, reports, and decisions to the members of the CHPC;
3.
Give notice as provided herein by law for all public hearings conducted by the CHPC;
4.
Advise the Mayor of vacancies on the CHPC and expiring terms of members; and
5.
Prepare to submit to the City Council a complete record of the proceedings before the CHPC on any matter requiring Council consideration.
D.
Meetings. A quorum shall consist of three (3) of the voting members. All decisions or actions of the CHPC shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held at regularly scheduled times to be established by resolution of the CHPC at the beginning of each calendar year or at any time upon the call of the Chair, but no less than once each quarter. Public notice of all meetings shall be posted in conformance with standard City policy and Section 610.020, RSMo. No member of the CHPC shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member. No action shall be taken by the CHPC that could in any manner deprive or restrict the owner of property in the owner's right of use, modification, maintenance, disposition, or demolition. The Chair, and in his/her absence, the acting Chair, may administer oaths and require the attendance of witnesses. All meetings of the CHPC shall be open to the public except as allowed by State law. The CHPC shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be public record. All CHPC rules of procedure, designation criteria, design guidelines and forms shall be available to the public at the office of the City Clerk.
E.
Funding. The CHPC may, with the consent of the City Council, apply for, receive, or expend any Federal, State or private grant, grant-in-aid, gift or bequest, in furtherance of the general purposes of this Chapter.
F.
Compensation. The CHPC members shall serve without compensation.
Section 400.240 Historic Preservation Commission - Powers And Duties.
[Ord. No. 3058, 11-15-2022]
A.
The Commission shall have the power to adopt rules, procedures and bylaws for its operation in accordance with other provisions of this Chapter and in accordance with rules, procedures and bylaws pertaining to City Government operation. The Commission shall act in an advisory capacity to the City Council, Mayor and City Manager in carrying out activities required by City ordinances relating to the administration of this Chapter and shall have the following powers and duties:
1.
To adopt its own bylaws and procedural regulations, provided that such regulations are consistent with this Chapter and the Revised Statutes of the State of Missouri;
2.
To conduct an ongoing survey for the identification of historically, archaeologically and architecturally significant properties, structures, sites and areas that exemplify the cultural, social, economic, political, or architectural history of the nation, State or City;
3.
To investigate and recommend to the Planning Commission and to the City Council the adoption of ordinances designating properties or structures having special cultural, historic, archaeological, community or architectural value as “landmarks”;
4.
To investigate and recommend to the Planning Commission and to the City Council the adoption of ordinances designating areas as having special cultural, historic, archaeological, community or architectural value as “historic districts”;
5.
To keep a register of all properties and structures which have been designated as landmarks or historic districts, including all information required for each designation;
6.
To confer recognition upon the owners of landmarks and property or structures within historic districts by means of certificates, plaques, or markers and to make recommendations for the design and implementation of specific markings of the streets and routes leading from one (1) landmark or historic district to another;
7.
To advise and assist owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places;
8.
To nominate landmarks and historic districts to the National Register of Historic Places, and to review and comment on any nominations to the National Register of Historic Places submitted to the CHPC upon request of the Mayor or City Council;
9.
To inform and educate the citizens of the City of Charleston concerning the historic, archaeological and architectural heritage of the City through publication or sponsorship of maps, newsletters, brochures, pamphlets, programs and seminars by the City, the CHPC, or other appropriate parties;
10.
To review construction, alteration, removal or demolition projects for which a building or demolition permit is required for the exterior architectural appearance of the building and which have been referred to the CHPC by the City, which projects may affect proposed or designated landmarks or structures within historic districts, and issue certificates of review and recommendations for such actions. Plans, drawings, elevations and specifications (for building permits), photographs and/or other information included as part of the building permit or demolition applications will be provided (as available) to the CHPC by the Planning Commission or by the City Manager or his/her designee in order to allow the CHPC to undertake an informed review process;
11.
To hold public hearings on each proposed nomination of a landmark and of a historic district and on the guidelines developed for each nomination;
12.
To develop specific design guidelines based on the U.S. Secretary of the Interior's Standards for Rehabilitation for the alteration, construction, or removal of landmarks or property and structures within historic districts;
13.
To review proposed zoning amendments, applications for special use permits, or applications for zoning variances that affect proposed or designated landmarks or historic districts;
14.
To administer on behalf of the City of Charleston any property of historical significance or full or partial interest in real property, including easements, that the City of Charleston may have or accept as a gift or otherwise, upon approval by the City Council;
15.
To accept and administer on behalf of the City of Charleston, upon approval of the Council, such gifts, grants, and money as may be appropriate for the purposes of this Chapter. Such money may be expended for publishing maps and brochures or for hiring staff persons or consultants or performing other functions for the purpose of carrying out the duties and powers of the CHPC and the purposes of this Chapter;
16.
To call upon available City staff members as well as other experts for technical advice;
17.
To testify before all boards and commissions, including the Planning Commission, on any matter affecting historically and architecturally significant property, structures, sites and areas;
18.
To make recommendations to the City Council concerning budgetary appropriations to further the general purposes of this Chapter;
19.
To develop a preservation component in any Master Plan of the City of Charleston and to recommend it to the Planning Commission and to the City Council;
20.
To periodically review the City of Charleston Planning and Zoning Ordinances and to recommend to the Planning Commission and to the City Council any amendments appropriate for the continued use of landmarks or property, sites and structures within historic districts; and
21.
To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this Chapter.
Section 400.250 Surveys And Research.
[Ord. No. 3058, 11-15-2022]
A.
Identification. The CHPC shall undertake an ongoing survey and research effort in the City of Charleston to identify neighborhoods, areas, sites, structures and objects which have historic, community, architectural or aesthetic importance, interest or value. As part of the survey, the CHPC shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs. Before the CHPC shall, on its own initiative, nominate any landmark for designation, it shall develop a plan and schedule for completing a survey of the City of Charleston to identify potential landmarks. The CHPC shall then systematically identify potential landmarks and adopt procedures to nominate them in groups based upon the following criteria:
1.
The potential landmarks in one (1) identifiable neighborhood or distinct geographical area of the City of Charleston.
2.
The potential landmarks associated with a particular person, event or historical period.
3.
The potential landmarks of a particular architectural style or school or of a particular architect, engineer, builder, designer or craftsman.
4.
Such other criteria as may be adopted by the CHPC to assure systematic survey and nomination of all potential landmarks within the City of Charleston.
B.
All inventory material shall be in conformance with standards and guidelines for cultural resource inventory as established by the State Historic Preservation Office.
Section 400.260 Nomination Of Landmarks And Historic Districts.
[Ord. No. 3058, 11-15-2022]
A.
General. Nominations shall be made to the CHPC on a form prepared by it and may be submitted by the owner of record of the nominated property or structure, or a member of the CHPC, Charleston Chamber of Commerce and Tourism, Charleston Revitalization Movement (CHARM) or the City Council with written consent from the building owner(s). Nominations shall be turned in to the City Clerk, who will within seven (7) days of receipt mail a notification of intent to nominate to the owner of record of the nominated property. Forms and criteria for nomination will be available at the Office of the City Clerk.
B.
Criteria For Designation Of Nomination. The CHPC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure, site, area, or district meets one (1) or more of the following criteria for local landmark designation, which are based on criteria for evaluation for the National Register of Historic Places:
1.
Its character, interest or value as part of the development, heritage or cultural characteristics of the community, County, State or Country.
2.
Its location as a site of a significant local, County, State or National event.
3.
Its overall setting and harmony as a collection of buildings, structures, objects where the overall collection forms a unit.
4.
Its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible.
5.
Its identification with a person or persons who significantly contributed to the development of the community, County, State or Country.
6.
Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials.
7.
Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, County, State or Country.
8.
Its embodiment of elements of design, detailing, materials or craftsmanship which render it architecturally significant.
9.
Its embodiment of design elements that make it structurally or architecturally innovative.
10.
Its unique location or singular physical characteristics that make it an established or familiar visual feature of the neighborhood, community or City, or the fact that it has yielded or may be likely to yield information important in history.
11.
Its character as a particularly fine or unique example of a utilitarian structure, including commercial structures with a high level of integrity or architectural significance.
12.
Any structure, property, or area that meets one (1) or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration.
C.
Public Hearing On Landmarks And Historic Districts. Upon receipt of a completed nomination of a landmark or historic district, the CHPC may schedule a public hearing to solicit input and comment on the proposed nomination.
D.
Report And Recommendation Of Charleston Historic Preservation Commission.
1.
The CHPC shall within forty-five (45) calendar days from receipt of a completed nomination in proper form adopt by resolution a recommendation that the nominated landmark or historic district does or does not meet the criteria for designation in this Section. The resolution shall be accompanied by a report to the Planning Commission and to the City Manager containing the following information:
a.
Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation.
b.
Explanation of the integrity or lack of integrity of the nominated landmark or historic district.
c.
In the case of a nominated landmark found to meet the criteria for designation:
(1)
The significant exterior architectural features of the nominated landmark.
(2)
Archaeological significance and recommendations for interpretation and protection.
d.
In the case of a nominated historic district found to meet the criteria for designation:
(1)
The types of significant exterior architectural features of the structures or archaeological sites within the nominated historic district.
(2)
Proposals for design guidelines which will guide CHPC recommendations accompanying certificates of review within the nominated landmark or historic district.
(3)
The relationship of the nominated landmark or historic district to the ongoing effort of the CHPC to identify and nominate all potential cultural resources that meet the criteria for designation.
(4)
Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, lot size, and parking regulations necessary or appropriate to the preservation of the nominated landmark or historic district, including recommendations for buffer zones to protect and preserve visual integrity.
(5)
A map showing the location of the nominated landmark and/or the boundaries of the nominated historic district.
2.
The recommendations and report of the CHPC regarding historic districts shall be sent to the Planning Commission and City Manager within seven (7) days following the vote on the resolution and shall be available to the public in the office of the City Clerk.
Section 400.270 Action On Nomination By Planning Commission.
[Ord. No. 3058, 11-15-2022]
A.
Notification Of Nomination. The Planning Commission shall schedule and hold a hearing on the nomination following receipt of a report and recommendation from the CHPC that a nominated historic district does or does not meet the criteria for designation. The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider applications for Zoning Map amendments or ordinance amendments. Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators.
B.
Public Hearing. Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the Planning Commission public hearing from any person concerning the nomination. The CHPC may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in this Chapter. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony.
C.
Determination By Planning Commission. Within sixty (60) calendar days following close of the public hearing, the Planning Commission shall make a determination upon the evidence whether the nominated historic district does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning Commission and shall be accompanied by a report stating the findings of the Planning Commission concerning the relationship between the criteria for designation in this Section and the nominated historic district and all other information required by this Section.
D.
Notification Of Determination. Notice of the determination of the Planning Commission, including a copy of the report, shall be sent by regular mail to the owner of record of all property within a nominated historic district and to the nominator within seven (7) days following adoption of the resolution. Within seven (7) days following a determination by the Planning Commission that the nominated historic district does meet the criteria for designation, a copy of the resolution and report accompanied by a recommendation that the nominated historic district be designated shall be sent to the City Council.
Section 400.280 Action On Nomination By City Council.
[Ord. No. 3058, 11-15-2022]
A.
Action By City Council. The City Council shall, within sixty (60) calendar days after receiving the recommendation that the nominated landmark or historic district be designated or rejected, make a final determination regarding the landmark or historic district by an ordinance.
B.
The Designation Ordinance. Upon designation, the historic district shall be classified as a District H - Historic, and the designating ordinance shall prescribe the significant features, the types of projects requiring a building or demolition permit that should be reviewed prior to being undertaken, the design guidelines for applying the criteria for a certificate of review, permitted uses, special uses, height and area regulation, minimum dwelling size, floor area, lot size, sign regulation, and parking regulations. The Official Zoning Map of the City of Charleston shall be amended to show the location of the "District H - Historic" as an overlay zone.
C.
Amendment And Rescission Of Designation. Designation may be amended or rescinded upon petition by the property owner to the CHPC and compliance with the same procedure and according to the same criteria set forth herein for designation. Upon the purchase of a property in a locally designated district, the purchaser will have the right to rescind designation status or to apply for designation status.
D.
Appeal. A determination that the nominated landmark or historic district does not meet the criteria for designation shall be a final administrative decision reviewable under the Missouri Administrative Procedure and Review Act; provided, however, that the nominator or any owner of the nominated landmark or of property within the nominated historic district, may within thirty (30) days after the postmarked date of the notice of the determination file with the City Clerk a written appeal to the City Council.
Section 400.290 Applications For Certificates Of Review.
[Ord. No. 3058, 11-15-2022]
A.
A certificate of review shall be issued for the following actions affecting the exterior architectural appearance of a landmark or structure within a historic district. Interior renovations are excluded.
1.
Any construction, alteration, or removal requiring a building permit from the City of Charleston.
2.
Any demolition in whole or in part requiring a demolition permit from the City of Charleston.
B.
Timing Of Notification. Notification of applications received for building and demolition permits for landmarks or structures within a historic district shall be forwarded by the Codes Enforcement Office to the CHPC within seven (7) days following receipt of a complete application.
C.
Materials And Timing For Review By CHPC. The Codes Enforcement Office will share any materials provided by the permit applicant with the CHPC so that the CHPC may conduct an informed project review and make appropriate recommendations as to how the project can be completed so that it meets the Secretary of the Interior's standards. Shared materials should include, but not necessarily be limited to, project descriptions, current photographs of the building, and project design drawings (for building permit applicants only). Any applicant may request a meeting with the CHPC before the application is reviewed by the CHPC or during the review of the application. The CHPC shall consider the completed application and conduct the design review process at its next regular meeting. Certificates of review, accompanied by written recommendations, shall be issued by the CHPC within seven (7) calendar days of the CHPC's project review, and given to the Codes Enforcement Department, who will provide a copy to the permit applicant. Permit applicants are encouraged but not required to be present at the CHPC reviews of their projects in order to answer any questions the CHPC may have, and to discuss the CHPC's recommendations that will accompany the certificate of review. No additional paperwork or undue burden besides the building or demolition permit will need to be completed during this process by the building owner.
Section 400.300 Determination By Historic Preservation Commission.
[Ord. No. 3058, 11-15-2022]
A.
The CHPC may review the information accompanying an application for a building or demolition permit, and, upon receipt of a complete application, issue a certificate of review within thirty (30) days of receipt. Written notice of the certificate of review shall be provided to the applicant and the Codes Enforcement Office within seven (7) days following the review and shall be accompanied by a certificate of review.
B.
A certificate of review shall become void unless construction is commenced, or demolition is completed within twelve (12) months of date of issuance. Certificates of review shall be issued for a period of eighteen (18) months for building permits and are renewable.
C.
Compliance Shall Be Voluntary. Compliance with the CHPC recommendations accompanying certificates of review will be entirely voluntary on the part of the permit applicant. In the event of a major loss of historic integrity as determined by the CHPC, the CHPC may recommend the historic designation be removed.
Section 400.310 Standards For Review.
[Ord. No. 3058, 11-15-2022]
A.
In considering a certificate of review and recommendations, the CHPC shall be guided in principle by the Secretary of the Interior's Standards for Rehabilitation, (See Subsections (A)(1) through (10), listed below), in addition to any design guidelines in the ordinance designating the landmark or historic district or adopted by separate ordinance. Applications, standards for review and design guidelines shall be available in the office of the City Clerk for distribution to the public.
1.
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2.
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3.
Each property shall 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 architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5.
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9.
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
10.
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
B.
These standards of review are intended to preserve and maintain the unique historical significance of buildings and sites within the City of Charleston. While CHPC recommendations are entirely voluntary, owners of properties within designated historical districts are encouraged to maintain the historical integrity of same to the extent possible.
Section 400.320 Design Guidelines.
[Ord. No. 3058, 11-15-2022]
A.
Design guidelines for applying the standards for a certificate of review shall, at a minimum, consider the following architectural criteria. These guidelines are to be used for recommendation purposes by the CHPC and do not bind the property owner in any way.
1.
Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a historic district.
2.
Proportions Of Windows And Doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within a historic district.
3.
Relationship Of Building Masses And Spaces. The setback and relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.
4.
Roof Shape. The design of the roof should be compatible with the architectural style and character of the landmark, and with surrounding structures in a historic district.
5.
Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts.
6.
Scale. The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in a historic district.
7.
Directional Expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in a historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.
8.
Architectural Details. Architectural details, including design, materials, colors, and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district.
9.
Signage. The character of signs should be in keeping with the historic architectural character of a landmark or historic district. Character of a sign includes the number, size, area, scale, location, type, (e.g., off-site advertising signs and on-site business signs), letter size or style, and intensity and type of illumination.
Section 400.340 Maintenance Of Historic Properties - Requirements; Notice.
[Ord. No. 3058, 11-15-2022]
A.
Ordinary Maintenance Exclusion. Nothing in this Chapter shall be construed as to prevent the ordinary maintenance or repair of any exterior elements of any building or structure. (See Section 400.210, Definitions, for definition of “Ordinary Maintenance.”)
B.
Minimum Maintenance Requirement.
1.
All buildings and structures designated by City Ordinance as "H" (“Historic”) shall be preserved against decay and deterioration and free from certain structural defects in the following manner, by the owner thereof or such other person or persons who may have the legal custody and control thereof shall repair such building if it is found to have any of the following defects:
a.
The deterioration of exterior walls or other vertical supports.
b.
The deterioration of roofs or other horizontal members.
c.
The deterioration of external chimneys.
d.
The deterioration or crumbling of plasters or mortar.
e.
The deterioration or ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.
f.
The peeling of paint, rotting, holes, and other forms of decay.
g.
The lack of maintenance of surrounding environment, e.g., fences gates, sidewalks, steps, signs, accessory structures, and landscaping.
h.
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
2.
If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the City Manager or his/her designee. The notice shall be by certified mail and shall specify each item in the property or landmark that fails to meet minimum maintenance requirements. The owner or other person having legal custody of the property shall have thirty (30) days from the receipt of notice to comply with the minimum maintenance requirements. The CHPC, for good cause shown, may extend the thirty-day period. If after the original thirty-day period or any extension granted, the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, the CHPC may take action to rescind designation status.
Section 400.360 Review Of Applications For Zoning Amendments, Special Use Permits And Variances.
[Ord. No. 3058, 11-15-2022]
Applications for zoning amendments, special use permits, or variances for a landmark or structures within a historic district shall be referred to the CHPC by the City Building Official at least fifteen (15) days prior to the date of the public hearing set by the Planning and Zoning Commission. The CHPC may review these applications using any format which it deems appropriate; provided, however, that the applicant shall be notified of the time and place of such review and shall be given the opportunity to appear to be heard. Within fifteen (15) days after receipt of said application, the CHPC shall forward its comments to the City Building Official for presentation to the Planning and Zoning Commission for their consideration in reviewing the application.
Section 400.380 Public Safety Exclusion.
[Ord. No. 3058, 11-15-2022]
None of the provisions of this Chapter shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the City Building Official, and where the proposed measures have been declared necessary by such department or departments to correct the said condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this Chapter. In the event any structure or other feature shall be damaged by fire or other calamity, or by act of God or by the public enemy, to such an extent that in the opinion of the aforesaid department or departments it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.
