These rules of procedure are adopted pursuant to S.C. Code 6-29-870 for the City of Charleston Design Review Board, which consist of seven (7) members and two (2) alternates appointed by City Council.

(Ord. No. 2022-009, § 3, 1-15-22)

The office of the Board shall be the Design and Preservation Division in the Department of Planning, Preservation and Sustainability, 3rd floor, 75 Calhoun Street, Charleston, South Carolina 29401.

The Board shall elect one of its members Chairman and one member Vice-Chairman. The Board shall appoint a secretary who is an officer of the governing authority of the Design Review Board.

a.

Chairman. The Chairman, or in his absence the Vice-Chairman, shall be a voting member of the Board and shall:

1.

Call meetings of the Board;

2.

Preside at meetings and hearings;

3.

Act as spokesperson for the Board;

4.

Sign documents for the Board;

5.

Have decisions of the Board served on parties; and

6.

Perform other duties as approved by the Board.

b.

Vice-Chairman. The Vice-Chairman shall exercise the duties of the Chairman in the absence, disability, or disqualification of the Chairman. In the absence of the Chairman and Vice-Chairman, an acting chairman shall be elected by the members present.

c.

Secretary. The Secretary shall:

1.

Provide and publish notice of appeals and meetings;

2.

Prepare the agenda for each meeting;

3.

Keep recordings and minutes of meetings and hearings;

4.

Maintain Board records as public records;

5.

Notice parties of Board decisions;

6.

Attend to Board correspondence; and

7.

Perform other duties normally carried out by a secretary.

The Chairman and Vice-Chairman shall serve for one year or until he/she is re-elected or his/her successor is elected and qualified.

(Ord. No. 2022-009, § 4, 1-25-22)

The minutes shall show the members in attendance at each meeting and the reason for absence submitted by any member. The Board shall recommend to the governing body the removal for cause of any member who is absent from three (3) consecutive meetings without adequate reason.

An annual schedule of regular meetings shall be published and posted at the offices of the City of Charleston Department of Planning and Preservation in December of each year. Meetings of the Design Review Board shall be held the second and fourth Thursday of each month or otherwise as determined by the Board. Special meetings may be called by the Board upon 24 hours' notice, posted and delivered to all members and local news media. Meetings shall be held at the offices of the Department of Planning and Preservation, unless otherwise noted, and shall be open to the public.

(Ord. No. 2025-086, § 1, 6-17-25)

The Board shall keep minutes of it's 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 it's examinations and other official actions, all of which immediately must be filed in the office of the Board and must be a public record.

A written agenda shall be furnished by the staff to each member of the Board and the news media and shall be posted at least five (5) days prior to each regular meeting, and at least twenty four (24) hours prior to a special meeting. Items may be removed from the agenda or postponed at a meeting by a majority vote.

(Ord. No. 2022-009, § 5, 1-25-22)

Each applicant, whose application is to be heard, will be notified of the date of the meeting at least five (5) days prior to the meeting by letter from the Secretary. The property for which the application applies shall be posted with a sign at least seven (7) days prior to the meeting. Said sign shall contain a description of the matter to be heard and specify the appropriate city department to contact concerning information regarding the application. Said sign shall also specify the time, date and location of the meeting.

A majority of the members of the Board shall constitute a quorum. A quorum shall be present before any business is conducted other than rescheduling the meeting.

Robert's Rules of Order shall govern the conduct of the meetings except as otherwise provided by the Rules of Procedure.

Appeals to the Board from an administrative decision may be taken by any person aggrieved by a determination of the administrative officer. Appeals shall be filed on forms approved by the Board and provided by the Secretary of the Board. Appeal forms shall be made available in the City of Charleston Department of Planning and Preservation, 75 Calhoun Street, Charleston, South Carolina. A detailed narrative must accompany the application specifying the grounds of appeal. The Board may require additional information deemed necessary. The failure to submit adequate information may be grounds for dismissal.

(Ord. No. 2025-086, § 1, 6-17-25)

An appeal from a Board decision or an administrative decision must be filed within fifteen (15) days from the making of such decision, order, requirement or determination.

Appeals and applications shall be marked with the date of receipt and placed on the hearing calendar. Appeals shall be heard by the Board in the order in which received unless otherwise set by the Board for good cause shown.

Any appeal or application may be withdrawn by written notice delivered to the Secretary prior to action by the Board. An appeal may not be re-filed after the fifteen (15) day time for appeal has expired.

The hearing of an appeal may be continued one time by the Board for good cause shown.

Public notice of an appeal to the Board shall be published and posted on or adjacent to the property affected at least five (5) days prior to the hearing. The notice shall contain a description of each matter to be heard, and identify the property affected.

A person who may have substantial interest in any decision of the Board or any officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to the law. The appeal must be filed within thirty (30) days after the affected party receives actual notice of the decision of the Board.

The applicant or any person may appear in person or by agent or by attorney. The Board may postpone or proceed to dispose of a matter on the records before it or in the absence of an appearance on behalf of an applicant.

Demolition and Partial Demolition: Demolition is defined as the removal of an entire building or significant portion of a building, the removal of which may compromise the structure's architectural character.

Conceptual: Review of the general height, scale, mass and three dimensional form of a building, or an addition to an existing building, and the general architectural direction and quality of the project as it relates to its site, its neighborhood, and the City of Charleston. This phase defines the overall quality and architectural character of the project.

Preliminary: Review of the development of the conceptual design and its relationship to its context in terms of the project's details, finishes and materials. This phase defines the level of quality of construction, and the relationship of the building's components to surrounding buildings and to one another.

Final: Review of the completion of the preliminary design based on completed construction documents and material specifications.

The normal order of hearing, subject to modification by the Chairman, shall be:

a.

Statement of matter to be heard (Chairman or Secretary);

b.

Presentation by applicant, or administrative officer in the case of an appeal, (10-minute limit or as determined by the Chairman);

c.

Presentation by public (3-minute limit per person or as determined by the Chairman);

d.

Rebuttal by applicant (3-minute limit);

e.

Presentation and recommendation by staff (10-minute limit or as determined by the Chairman);

f.

The Board may question participants at any point during the hearing;

g.

Matters in which additional time is granted may be moved to the end of the agenda.

The Board may deliberate and make a final disposition of a matter by majority vote of members present at the hearing and qualified to vote; provided that not less than a quorum are qualified to vote. The vote may be taken at the same or subsequent meeting. A member may not vote on a matter, which the member has not heard. Deliberations shall be conducted and votes taken in public. When a member has a conflict of interest in a matter being heard, that member shall complete a conflict of interest form for that matter, abstain from voting and leave the room until the matter is disposed of.

A decision of the Board shall be issued disposing of a matter by granting or denying approval with such conditions as may be deemed necessary; or affirming, modifying, or reversing an administrative decision. The Secretary shall notify the applicant by mail upon execution of the decision of the Board.

The Clerk of Council shall record all meetings and hearings of the Board. The Clerk shall prepare minutes of each meeting, which shall be maintained as public records.

The Secretary shall assist in the preparation and notice of all decisions of the Board in appropriate form. Copies of all notices, correspondence, documentary evidence, decisions and forms shall be maintained as public records.

These rules may be amended at any regular meeting of the Board by majority vote of the members of the Board.

These Rules and Procedure are intended to complement and supplement State law and City ordinances pertaining to design review. To the extent of any inconsistency between these Rules and applicable State law and City ordinances, the hierarchy of application shall be State law first, followed by City ordinance, followed by the provisions of these Rules.

These rules and regulations were adopted by vote of a majority of the members of the Board at a regular public meeting on November 8, 2012.