(a)

Commission established; name; purpose. A Commission of architectural review is hereby established pursuant to S.C. Code 1976, § 6-29-870, to be known as the "Historic Preservation Commission of Chester," for the purposes of preservation and protection of historic and architecturally valuable districts and neighborhoods, significant or natural scenic. areas, and the unique or special character of historic districts and historic structures.

(b)

Composition. The Commission shall be composed of seven (7) members appointed by City Council for terms of four (4) years, staggered so that the term of at least one (1) member expires in each year. Terms of office shall begin with the calendar year. No person who holds any other public office or position in the City may be a member of the Commission. Members shall not be compensated for service. A member of the Commission may be removed by majority vote of City Council. Vacancies shall be filled by appointment by City Council.

(c)

Officers. The officers of the Commission shall be a chairperson and vice-chairperson, elected for one-year terms at the last calendar meeting of the Commission to serve for the next calendar year. The Commission may request appointment of a member of the staff of the City or the Codes Administrator as secretary with the approval of the City Administrator. Officers may be reelected to successive terms.

(d)

Rules of procedure. The Commission shall adopt rules of procedure consistent with this ordinance, a copy of which shall be filed with the Municipal Clerk. Meetings may be held at the call of the chairman or vice-chairman. A majority of qualified members present shall constitute a quorum of the Commission. All meetings of the Commission shall be public meetings for which notice is given as required by the Freedom of Information Act. Action may be taken by a majority of members present and qualified to vote. The secretary shall keep minutes of all proceedings, showing the vote of each member upon each question, and a record of all official actions of the Commission which shall be public records permanently maintained.

(e)

Fees. A fee shall be required for each appeal or plan review.

(Ord. No. 2011-06, § 1, 8-22-2011)

Demolition by neglect. Neglect in the maintenance of a building resulting in one (1) or more of the following conditions:

(1)

Parts, components, or details of the building which are defective or deteriorated or so attached that they may fall off;

(2)

Defective or deteriorated foundation;

(3)

Defective or deteriorated floor supports;

(4)

Members of walls or other vertical supports that split, lean, list or buckle due to defective construction or deterioration or that are otherwise insufficient to carry imposed loads;

(5)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal supports that are insufficient to carry imposed loads;

(6)

Fireplaces or chimneys which list, bulge, or settle due to defective construction or deterioration;

(7)

Unsafe electrical or mechanical conditions or conditions constituting a fire hazard;

(8)

Defective or deteriorated siding, masonry joints, windows, exterior doors, flashing, venting or any other defect or condition in the building which renders it not properly watertight;

(9)

Defective or deteriorated down spouts or gutters such that rain runoff is not directed off of the roof and away from the foundation; or

(10)

Any other defect or condition in the building which threatens the viability of the structure or any part, component, or architectural detail.

Historic District. The Section(s) of the City of Chester corresponding to the Chester Historic District as defined.

Significant structure. Either of the following shall be deemed a significant structure for the purposes of this Section: a structure in the Historic District determined to be a contributing structure according to National Register criteria, or a structure in the Historic District which the Commission of architectural review (hereinafter referred to as "Commission") reasonably considers to be historically or architecturally significant. Any parts, components, or architectural details of an historic structure which the Commission reasonably determines to be significant shall be deemed historic.

(Ord. No. 2011-06, § 1, 8-22-2011)

a.

The Historic Preservation Commission has jurisdiction to review and approve or disapprove plans for any structure in a historic district, or a structure in any district designated as a historic structure in this ordinance, proposed to be constructed, altered, relocated, demolished, partially demolished, or proposed to have the exterior architectural character altered.

b.

The Commission shall make recommendations to City Council through the Planning Commission for designation of zoning districts and individual structures as historical for protection under the standards in this ordinance. Zoning amendments shall be processed pursuant to Division 10.

c.

The Commission, after a public hearing, shall recommend to City Council design criteria in addition to criteria prescribed by this ordinance to be used in reviewing and acting on plans.

d.

The Commission may delegate to the Codes Administrator the authority to perform administrative functions and make administrative decisions by its adopted rules of procedure.

e.

The Commission shall hear appeals from decisions of the Codes Administrator as prescribed by S.C. Code 1976, § 6-29-890 and variances pursuant to rules of procedure adopted by the Commission.

f.

The Commission shall make recommendations to City Council regarding funding and grants for historical preservation, and shall assist in the administration of grants upon request of City Council.

g.

The Commission shall review and make recommendations to City Council on matters related to historical preservation referred to the Commission by City Council.

h.

The Commission shall make an annual report on its activities and actions to City Council at the end of each fiscal year.

(Ord. No. 2011-06, § 1, 8-22-2011)

a.

Rules. The rules of procedure are adopted pursuant to S.C. Code 1976, § 6-29-870 for the Historic Preservation Commission of Chester, which consists of seven (7) members appointed by City Council.

b.

Officers. The officers of the Commission shall be a chairperson and a vice-chairperson elected for one (1) year terms at the first meeting of the Commission in each calendar year. The Commission shall appoint a member of the staff of the City as secretary of the Commission. The Commission shall recommend to the governing body the removal for cause of any member who has missed fifty percent (50%) within a twelve (12) month calendar year and/or three (3) consecutive meetings and the absences are unexcused. A member shall be automatically removed from the Commission if he/she is involved in construction, demolition, or alternations of a historic property prior to the applicant's appearance before the Commission for approval.

The Commission shall select one of its members to serve as the Chairperson of the Historic Preservation Commission. The Chairperson shall serve for one (1) year or until he/she is re-elected or a successor is elected and qualified in accordance with S.C. Code 1976, § 6-29-870.

c.

Chairperson. The chairperson shall be a voting member of the Commission and shall:

1.

Preside at called meetings;

2.

Act as spokesperson for the Commission;

3.

Sign documents for the Commission;

4.

Perform other duties approved by the Commission.

d.

Vice-Chairperson. The vice-chairperson shall exercise the duties of the chairperson in the absence, disability, or disqualification of the chairman. In the absence of the chairperson and vice-chairperson, the members present shall elect an acting chairperson.

e.

Secretary. The secretary shall:

1.

Prepare the agenda for the meetings;

2.

Keep recordings and minutes of the meetings;

3.

Maintain Commission records as public records;

4.

Attend to Commission correspondence;

5.

Perform other duties normally carried out by a secretary.

f.

Time and Place. An annual schedule of regular meetings shall be adopted, published and posted at the designated City office in December of each year. Meetings shall be held at the place stated in the notices, and shall be open to the public. The Historic Preservation Commission has selected the 1st Thursday of every month for their regularly scheduled meeting and the time established was for 6:00 p.m.

g.

Agenda. A written agenda shall be furnished to each member of the Commission at least five (5) days prior to each meeting. Items may be postponed at a meeting by majority vote.

h.

Quorum. A majority of qualified members of the Commission shall constitute a quorum.

i.

Rules of Order. Model Rule of Parliamentary Procedure shall govern the conduct of the meetings except as otherwise provided by these Rules of Procedure.

j.

Minutes. The secretary shall record all meetings of the Commission on tape. The secretary shall prepare minutes of each meeting for approval by the Commission at the next regular meeting. Minutes shall be maintained as public record.

k.

Orders Documents. The secretary shall assist in the preparation and service of all orders of the Commission in appropriate form. Copies of notices, correspondence, documentary evidence, orders and forms shall be maintained as public record.

(Ord. No. 2011-06, § 1, 8-22-2011)

The following procedures shall apply to review of plans submitted to the Historical Preservation Commission pursuant to requirements in this ordinance.

(Ord. No. 2011-06, § 1, 8-22-2011)

a.

The Historic Preservation Commission may approve an application for relocation or demolition, in whole or in part, if any of the following conditions are present:

1.

The structure is a deterrent to a major improvement program which will be a substantial benefit to the community;

2.

Retention of the structure would cause undue financial hardship to the owner; or

3.

Retention of the structure would not be in the interest of the majority of the community.

b.

The Commission may postpone the relocation or demolition of a historic structure for a finite time not to exceed ninety (90) days upon a finding that funding may be obtained or the exercise of the power of eminent domain may be recommended to preserve the structure.

c.

It shall be unlawful for any person to move, alter or demolish all or part of a structure subject to regulations in this Division without a permit issued by the Codes Administrator with the approval of the Commission and/or the City Council.

(Ord. No. 2011-06, § 1, 8-22-2011)

a.

Order to repair. The Codes Administrator, upon request of the Commission or the City Council, shall inspect a structure subject to the provisions of this Ordinance and make a report to the Commission stating whether the structure meets standards and architectural criteria approved by City Council, and including recommendations for correction of substandard conditions. Upon request of the Commission or City Council, the Codes Administrator shall give a written order to the owner of a substandard structure to make specified repairs necessary to meet architectural criteria. Violations of standard codes shall be addressed by the Codes Administrator in the manner prescribed by those codes.

b.

Appeal. The order of the Codes Administrator shall be subject to appeal pursuant to § 2-607.3(e). Failure to perform required work within the time specified in a final order shall constitute a misdemeanor punishable under the general penalty provisions of the City Code.

c.

Hardship. The owner of a substandard historic structure may seek hardship relief from a repair order as follows:

1.

The owner occupant of a historic residential building may extend the time for compliance with a repair order for one (1) year by filing with the Codes Administrator an affidavit of inability to provide or secure funds for the work in a shorter time.

2.

The owner, occupant of residential property, or the owner of rental or commercial property may appeal to the Commission for a hardship extension of an order to repair for a time set by the Commission.

3.

The owner of residential property acquired by devise or inheritance shall have a period of five years from the date of acquisition in which to make required repairs or to dispose of the property.

4.

Residential structures rented during active efforts for a sale of the property shall be exempt from compliance with repair orders upon written notification to the Codes Administrator.

5.

The owner of substandard commercial property may be granted an extension by the Commission for compliance with a repair order upon submission to the Commission of documentation of inability to provide or secure funds for repairs from two separate financial institutions.

6.

Commercial structures actively advertised for sale at not more than the appraised market value shall be exempt from compliance with repair orders upon the filing with the Codes Administrator of a written appraisal not more than one year old certified by an independent appraiser.

7.

When a claim of undue economic hardship is made owing to the effects of this article, the Code Administrator's order shall be stayed until after the commission's determination on the claim in accordance with the procedure listed below. The commission shall schedule a hearing on the claim at its next regular meeting, within the limitations of its procedures for application deadlines.

8.

The petitioner shall present information provided for under subsection (d) to the Commission. The commission may require that an owner and/or parties in interest furnish such additional information that is relevant to its determination of undue economic hardship. The commission may ask staff to furnish additional information as the commission believes relevant. The commission shall also state which form of financial proof it deems relevant and necessary to a particular case.

9.

In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why such information cannot be obtained.

10.

When a claim of undue economic hardship is made owing to the effects of this article, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. Evidence may include, but not be limited to:

A.

Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control;

B.

Financial resources of the owner and/or parties in interest;

C.

Cost of repairs;

D.

Assessed value of the land and improvements;

E.

Real estate taxes for the previous two (2) years;

F.

Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;

G.

Annual debt service, if any, for previous two (2) years; and

H.

Any listing of the property for sale or rent, price asked, and offers received, if any. For income producing properties:

I.

Annual gross income from the property for the previous two (2) years;

J.

Itemized operating and maintenance expenses for the previous two (2) years, including proof that adequate and competent management procedures were followed; and

K.

Annual cash flow, if any, for the previous two (2) years.

11.

Within sixty (60) days of the commission's hearing on the claim, the commission shall cause to be made a finding of undue or no undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the commission shall report such finding to the Code Administrator. The Code Administrator, after consultation with the city Administrator, may then cause to be issued an order for such property to be repaired within the time specified.

12.

In the event of a finding of an undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under South Carolina law, loans or grants from the City, the County, or other public, private, or nonprofit sources, acquisition by purchase or eminent domain, building code modifications through the building Commission of appeals, changes in applicable zoning regulations, or relaxation of the provisions of this article sufficient to mitigate the undue economic hardship.

(Ord. No. 2011-06, § 1, 8-22-2011)

Buildings and structures standing vacant in historic districts shall be secured against unauthorized entry and damage to structural soundness in a manner approved by the Codes Administrator. Combustible materials or rubble shall not be left or stored in vacant historic buildings in any district.

(Ord. No. 2011-06, § 1, 8-22-2011)

If the property owner fails to commence or complete the work as specified, the City may, at Council's direction, stabilize the structure. Any contractor employed for this purpose shall be procured in accordance with the procedures for procurement of services. The owner shall be notified in writing of the Commission or Council's determination including supporting findings of fact.

(Ord. No. 2011-06, § 1, 8-22-2011)

The City shall then place a lien against the property with the Clerk of Court for Chester County for the value of the resources so expended by the city, such lien to be entered upon and enforced in the manner as provided by law.

(Ord. No. 2011-06, § 1, 8-22-2011)

Specifications for stabilization of the property shall be for permanent rather than stopgap measures. Such measures should be determined to completely forestall any further deterioration of the property. Materials and finishes should be such that no replacement/reworking or only minimal replacement/reworking will be required at any such time in the future when full rehabilitation may occur. However, the purpose of work specified under this Section is to stabilize the structure rather than to render it habitable. Temporary stopgap measures may be implemented in emergency situations or where implementation of permanent measures is not feasible for emergency situations or where implementation of permanent measures is not feasible for any reason.

(Ord. No. 2011-06, § 1, 8-22-2011)

(a)

Letters and orders to be delivered to the property owner as called for herein shall be made in person or by certified mail. If the whereabouts of the owner are unknown and cannot be reasonably determined, the Code Administrator shall make an affidavit to that effect, then publish such information once each week for two (2) consecutive weeks in a local newspaper. A copy of such letters and orders shall be posted in a conspicuous place on the structure and also filed with the Chester County Clerk of Court. Such filing shall have the same force and effect as other lis pendens notices provided by law.

(b)

Notice of public hearing as called for herein shall be published in a newspaper of general circulation in the county at least fifteen (15) days in advance of the scheduled hearing date. At the hearing any party may appear in person or by agent or attorney.

(Ord. No. 2011-06, § 1, 8-22-2011)

(A)

A person who may have a substantial interest in any decision of the Historic Preservation Commission or any officer, or agent of the appropriate governing authority may appeal from any decision of the Commission to the circuit court in and for 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 law. The appeal must be filed within thirty days after the affected party receives actual notice of the decision of the Historic Preservation Commission.

(B)

A property owner whose land is the subject of a decision of the Historic Preservation Commission may appeal either:

(1)

as provided in subsection (A); or

(2)

by filing a notice of appeal with the Circuit Court accompanied by a request for pre-litigation mediation in accordance with S.C. Code 1976, § 6-29-915.

A notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the Commission is postmarked.

(C)

Any filing of an appeal from a particular decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to S.C. Code 1976, § 8-21-310(11)(a).

(Ord. No. 2011-06, § 1, 8-22-2011)