The title of this ordinance shall be the Clinton Design Review Ordinance.

(Ord. of 2-1-2010, § 1)

City council expressly adopts this ordinance as a portion of the city's zoning ordinance, pursuit to S.C. Code 1976, § 6-29-870, to make specific provision for the preservation and protection of historic and architecturally valuable districts and neighborhoods, and to protect the unique and special character of the Clinton Historic Preservation District.

(Ord. of 2-1-2010, § 1)

By establishing the Clinton Review Design Board and charging it with the responsibility to protect the architectural integrity of historic structures and the character of the City of Clinton, the city intends:

a.

To safeguard the heritage of the city, by preserving the historic district's element of cultural, social, economic, political and architectural history;

b.

To ensure the preservation of significant historic sites and structures, and to prevent undesirable development which would adversely affect them;

c.

To stabilize and improve property values m the Historic District and surrounding properties;

d.

To foster civic beauty and pride;

e.

To strengthen the local economy; and

f.

To promote the use and preservation of the Historic Preservation District for the education, welfare and pleasure of residents of Clinton, Laurens County and the state.

(Ord. of 2-1-2010, § 1)

There is hereby established a board of architectural review for the City of Clinton, to be called the "Clinton Design Review Board," which shall have the powers and duties as provided in S.C. Code 1976, title 6, chapter 29, sections 870 et seq.

a.

Composition of the commission. The Clinton Design Review Board shall consist of five members, who shall be appointed by city council. None of the members may hold any other public office or position in the city. In appointing members to the commission, city council shall consider the nominee's demonstrated interest in local historic preservation and/or professional expertise in preservation related fields such as architecture, history, planning, archaeology, real estate, engineering, construction and law. A member of the Clinton Planning Commission, appointed by a majority of the planning commission and approved by the Clinton City Council, may serve as an ex-officio member of the Clinton Design Review Board.

b.

Terms of office. Members shall serve a term of two years. Terms shall be staggered, so that the terms of three members shall expire in each odd-numbered year, and terms of two members shall expire in each even-numbered year. Members shall serve until their successors are appointed and qualified. A member who replaces another member in midterm shall serve out the remainder of the term. Commission members may be appointed to succeed themselves, to a maximum of two successive terms. Newly appointed members shall be installed at the first regular meeting after their appointment.

c.

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

d.

Removal of members. Members may be removed at any time by city council.

e.

Organization and rules of procedure. As required by S.C. Code 1976, § 6-29-870(D), the commission shall hold an annual organizational meeting and shall elect a chairman and vice-chairman from among its members, each of whom shall serve for one year or until he/she is re-elected or his/her successor is elected and qualified. The board shall appoint a secretary, who may be a city employee designated for this purpose by the city manager. The board shall adopt rules of procedure in accordance with the provisions of state law. The chairman or, in his/her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board 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 immediately must be filed at city hall and must be a public record.

f.

Meetings. Meetings of the board shall be held monthly if there is business before the board. Additional meetings may be held at the call of the chairman and at such other times as the commission may determine. A quorum, consisting of three members of the board, must be present for the conduct of business.

(Ord. of 2-1-2010, § 1; Ord. of 3-2-2015, § 1)

The Clinton Historic Preservation District is hereby designated as a Zoning Overlay District, with boundaries as shown on the Official Clinton Zoning Map, adopted together with this ordinance and incorporated herein by reference.

a.

Additional designation of historic properties. From time to time, city council may choose to add additional properties to the historic district. Such additions may be made at the request of a property owner, upon recommendation of the Clinton Design Review Board, or upon city council's own initiative. All such additional designations shall constitute an amendment to the city's zoning ordinance, and the procedures for designation shall comply with the requirements for zoning amendments. In considering additional designations, the city shall consider whether the property:

1.

Has significant character, interest or value as part of the heritage of the city;

2.

Is the site of an event significant in history;

3.

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

4.

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

5.

Embodies distinguishing characteristics of a type, style, period or specimen in architecture or engineering;

6.

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

7.

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

Owners of properties proposed for historic designation shall be notified in writing 30 days prior to consideration by city council. All additional historic designations shall be included within the Zoning Overlay District, and shown on the Official Clinton Zoning Map.

(Ord. of 2-1-2010, § 1)

The Clinton Design Review Board shall promote the purposes and objectives of this ordinance, shall have the following powers, and shall perform the following functions:

1.

To review and recommend to city council the designation of individual historic properties for inclusion in the Historic Preservation District;

2.

To review plans and applications as hereinafter provided, for all exterior modifications to structures and all new construction within the Historic Preservation District and other designated areas, including demolition of structures within the Historic Preservation District; and

3.

To review and approve, approve with modifications, or deny approval for such plans and applications, in accordance with the prescribed procedures and guidelines.

(Ord. of 2-1-2010, § 1)

a.

Within the Clinton Historic Preservation District. Within the Clinton Historic Preservation District, the board shall review each plan and application for the demolition, new construction, exterior alteration, modification or addition to any property, for compliance with the requirements and standards established in this ordinance. The board shall have the power to approve, approve with modifications or deny approval for such application, in accordance with the procedures set forth below. Approved applications shall be issued a certificate of appropriateness. Within the Clinton Historic Preservation District, no building permit shall be issued, and no modification to exterior architectural features may be made, prior to the issuance of a certificate of appropriateness.

b.

Maintenance and repair excepted. A certificate of appropriateness is not required for the ordinary maintenance or repair of any exterior architectural feature in the Historic Preservation District, which does not involve a change in design, material, color or outer appearance.

(Ord. of 2-1-2010, § 1)

The property owner or his/her representative shall submit an application to the design review board requesting the issuance of a certificate of appropriateness. The application shall be submitted on a form provided by the city, together with such supporting materials as required herein.

a.

Pre-application required. At the outset of a project, and prior to significant expenditures of time and financial resources, applicants are required to submit a pre-application, consisting of preliminary scale drawings and outline specifications, including color and material samples. The purpose of this review is to acquaint the applicant with the design standard applicable to his/her property. Pre-application review by the design review board is advisory only, and is not binding on either the applicant or the board.

b.

Submission of applications. Applications shall be submitted to the city planning director or other official as designated by the city manager. Complete applications submitted seven or more days prior to the regularly scheduled monthly meeting of the design review board shall be placed on the agenda for review. Incomplete applications will be returned.

c.

Contents of application. The application must show in detail all proposed exterior alterations and modifications and/or new construction, and must provide all information requested on the application form. In addition:

1.

The application must identify the applicable design standard(s) and show that the proposed action complies with such standards(s).

2.

Drawings are required for exterior alterations to existing structures and for all new construction. As used here drawings shall mean plans and exterior elevations drawn to scale, with sufficient detail to show, insofar as they relate to exterior appearance, the architectural design; proposed materials, textures and colors; and plan or site layout, including all improvements such as walls, walks, terraces, plantings, accessory buildings, signs and lights. Drawings shall be signed by the architect or draftsman, and submitted in multiple copies as directed by the planning director.

d.

Design review board action. The design review board shall review the application, and shall decide whether the proposed action complies with the design guidelines and standards as set forth herein. In acting upon the application, the board shall either issue a certificate of appropriateness, including such conditions as it deems appropriate in conformance with the standards here or deny the application. Actions shall be taken by majority vote of those board members in attendance.

1.

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

2.

The board 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 monthly meeting to consider this input.

3.

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

4.

The certificate shall be signed by the chairman of the board, and a copy shall be delivered to the city's building official.

5.

Denials shall include a statement in the record of the reason(s) therefore and the planning director shall so inform the applicant in writing.

e.

Time limits. The board must take action on an application no later than the second regularly scheduled monthly meeting following the timely submission of the application, unless the applicant agrees to the postponement of action; provided, however, that the time limits for demolition shall be as stated herein below. If the board fails to act within this time period, the application shall be considered approved.

f.

Withdrawal; revision; submission of a new application. An applicant may withdraw and re-submit his/her application at any time during the review process. An applicant may request postponement of review and revise his/her application at any time during the review process; revisions must be submitted within seven days of the board's regularly scheduled monthly meeting to be placed on the agenda; however, the board may waive this requirement, or may schedule a special meeting to act on a revised application. If an application is denied by the board, a new application may be submitted at any time if there is a substantial change in the plans for the proposed work; however, if no substantial change is made, a new application may not be filed for a period of six months following the board's denial.

(Ord. of 2-1-2010, § 1)

In reviewing an application for a certificate of appropriateness, the design review board 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 the structure, as well as the effect of such change or additions upon other structures in the vicinity. The design review board shall use the following standards in reviewing and acting upon applications for certificates of appropriateness:

a.

Generally. Clinton Historic Preservation District. Generally, all modifications to exterior architectural features and all new construction within the Clinton Historic Preservation District shall comply with the guidelines and standards as set forth in the publication "Clinton Main Street Design Guidelines" prepared by the Clinton Main Street Board with the "intent to establish guidelines which will enhance the environment for trade, entertainment, and leisure through basic principles of design such as building texture, color, rhythm, and pattern."

b.

Specific requirements. Clinton Historic Preservation District. In addition to the standards set forth in the manual, the following requirements shall apply:

1.

Siding. Any use of non-traditional siding must be approved by the design review board and must meet the characteristics of the original facade of the building.

2.

Colors. Exterior colors shall be appropriate to the design and period of the structure, and shall be selected from the palates as set forth in the Manual provided, that on a case-by-case basis, the board may approve alternate or additional colors that meet the standards set forth in paragraph [subsection] (c) below [of this section].

3.

Signs. Signs shall not be internally lighted. Within the Historic District, permanent signage shall be limited to the identification of commercial, institutional and historic properties. Property owners are encouraged to use externally lighted ground signs and wall signs where built into the building facade. Sign size and height shall be limited as set forth in the zoning ordinance of the City of Clinton.

4.

Building materials. The design review board must approve all proposed building or renovation material through the pre-application process, but the following list of building materials and types of buildings are provided as inappropriate for use in the Clinton Historic Preservation District:

•

Metal buildings

•

Concrete block (with the exception of split-face block)

•

Plywood

•

Tilled-up concrete

5.

New construction. The character of the Historic Preservation District derives from the mix of architectural styles and periods. New construction is not required to reproduce historic structures, but it must be consistent with the size, height, design and general appearance of structures on nearby properties. New construction must "blend in" with the character of the neighborhood in which it is situated, and shall not disrupt the character of the Historic District. New construction must also adhere to items 9.b.1—4.

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 Preservation District. Accordingly, the design review board may, but is not required to, grant an exception to a specific standard set forth in the manual 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 other structures in the vicinity, or diminish the character of the Historic Preservation District.

In reviewing a request for an exception, the board 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 board 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 must be specified in a written attachment to the certificate of appropriateness.

d.

Demolition.

1.

No building or structure in the Historic Preservation District shall be demolished or otherwise removed until the owner thereof has given the design review board 90 days written notice of the proposed action. During this notice period, the design review board may negotiate with the owner and take such advisory actions as it deems appropriate to find a means of preserving the structure. The board may call a public hearing to inform the public and solicit input concerning any proposed demolition.

2.

In passing upon an application to demolish, or demolish in part, or remove the architectural appearance of any existing structure, the design review board shall consider, among other things, the historic, architectural and aesthetic features of such structure, the nature and character of the surrounding area, the use of such structure, and the importance to the city.

3.

The design review board shall have the power to deny outright the demolition or removal of a structure if it deems the structure of such architectural or historical significance that the removal will be detrimental to the public interest.

4.

If the design review board 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 90-day notice period, thereby allowing the demolition or removal to proceed.

(Ord. of 2-1-2010, § 1)

Violations of this ordinance are violations of the city's zoning ordinance, and may be punished as set forth therein. The city's codes enforcement officer(s) and other city officials, directly empowered by written notice of the city manager, are hereby designated as enforcement officers 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's Code.

(Ord. of 2-1-2010, § 1)

In accordance with S.C. Code 1976. § 6-29-900 et seq., any person having a substantial interest in a decision of the board may appeal to the circuit court for Laurens 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 30 days after the affected party receives actual notice of the board's decision.

(Ord. of 2-1-2010, § 1)

As used in this ordinance, words and phrases shall have the following meanings:

a.

Certificate of appropriateness is a document issued by the Clinton Design Review Board, following a prescribed review procedures, certifying that the proposed actions are found to be acceptable in terms of design criteria relating to the individual property and the Historic District.

b.

Board shall mean the Clinton Design Review Board.

c.

Demolition shall mean the removal of a structure, in whole or in part, without accompanying renovation or restoration.

d.

Exterior architectural features shall include the exterior portion of any building or other structure, including stone walls, fences, light fixtures, signs, steps, pavement and other appurtenant features.

e.

Exterior alternations and modifications shall include any change in the external architectural features of a structure.

f.

Historic Preservation District shall mean the Clinton Historic District, as designated by city council and established as an overlay district on the city's zoning map.

g.

Period authenticity shall mean an architectural building design, style, appearance and use of materials consistent with the generally accepted architectural and design standards for a particular historical time frame, and for purposes of this ordinance shall bear reference to structures built in and around the City of Clinton.

(Ord. of 2-1-2010, § 1)