Hanahan City Zoning Code

(A)

Pursuant to Title 6, Chapter 29 of the South Carolina Code of Laws, there is hereby created a design control committee, to be composed of five (5) members appointed by the city council.

(B)

It is the declared policy of the city council that it will consider and approve only those persons who:

(1)

Are residents of the city and have been so for a period of at least one (1) year prior to the appointment; and

(2)

Have demonstrated their general knowledge of the community and concern for the welfare of the total community and its citizens.

(C)

Members shall have a demonstrated interest in, and/or competence and knowledge of, architecture, landscape architecture, and urban design.

(D)

The membership of the committee shall be composed of five (5) members, three (3) of whom shall have special expertise. Those with special expertise shall be registered or licensed to practice their profession in the State of South Carolina.

(1)

Architect;

(2)

Landscape architect or horticulturist;

(3)

Contractor or engineer; and

(4)

Two (2) at-large members of the community.

(5)

The zoning administrator shall serve as an ex-officio, non-voting member.

(E)

Any vacancy in membership shall be filled by city council. The council shall fill each so designated seat with professionals to the extent practical. In the event that a professional seat remains vacant for at least two (2) consecutive regularly scheduled monthly meetings, the council may appoint a layperson to the professional seat, so as to pre-empt prolonged vacancies on the board.

(A)

It shall be the duty and power of the design control committee to:

(1)

Protect and promote the appearance, character, and economic value of the built environment within specifically designated districts by the city council;

(2)

Review, and approve or deny, all applications for proposed new developments to be located within specifically designated corridors by the city council;

(3)

Review, and approve or deny, all applications for major alterations and/or additions to existing developments to be located within specifically designated corridors by the city council;

(4)

Review, and approve or deny, architectural and landscape plans proposed for public or private property located within specifically designated corridors by the city council;

(5)

Review, and approve or deny, architectural and landscape plans proposed by the city or any other public or state agency to construct facilities to be located within specifically designated corridors by the city council;

(6)

Foster civic beauty; and

(7)

Strengthen the local economy.

(B)

The design control committee shall not have jurisdiction over routine maintenance and repair of property that returns the appearance of the property to its original condition.

The DCC shall review the plans, drawings, sketches, and other documents required in this chapter for compliance with the following standards. These standards are intended to provide a frame of reference for the applicant in the preparation of site and building plans as well as a method of review for the design control committee. These standards shall neither be regarded as inflexible nor intended to discourage creativity, invention, or innovation.

(A)

Preservation of landscape. The landscape shall be preserved in its natural state, in so far as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping within the general appearance of neighboring developed areas.

(B)

Relation of proposed buildings to environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship with the proposed buildings.

(C)

Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives, and parking, special attention shall be given to location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement and placement of parking areas that are safe and convenient and do not dominate or detract from the design of proposed buildings and structures and neighboring properties.

(D)

Utility service. Whenever feasible, onsite electric, telephone and other utility lines shall be located underground; otherwise, lines shall be screened to the extent practical.

(E)

Special features. Outdoor storage areas, expanse of parking, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be subject to such setbacks, vegetative buffering, or other screening methods so as to prevent incongruity with the existing or contemplated environment and surrounding properties.

(F)

Maintenance of consistent policy.

(1)

Retention of materials submitted to the DCC. In order to provide guidance and insight into desirable design objectives and for the maintenance of consistent policies in guiding the building public toward better standards of design, the DCC shall have maintained a file containing records of all application brought before the DCC for review, the actions taken by the DCC, drawings submitted and amendments of drawings approved pertaining thereto, and drawings and photographs or reproductions thereof showing structures in the city character which, in its opinion, may serve as general guides to appropriateness or as expression of objectives to a prospective developer or property owner. Such documents shall remain the property of the city and be held in the custody of the zoning administrator.

(2)

Files. The zoning administrator shall seek to maintain files in an orderly manner that will facilitate access by members of the general public seeking guidance and insight into the desirable goals and objectives of the committee under this subchapter. The design control committee should collect for its permanent files copies of guidelines or design criteria developed in other communities and should seek to share copies of its guidelines or design criteria with other communities.

A conceptual review shall be strongly encouraged by the zoning administrator, but not required, to discuss conceptual drawings prior to preparing hard-line drawings. The purpose of this review shall be to acquaint the developer with standards and appropriateness of design applicable to the proposed development.

(A)

Consultation with zoning administrator.

(1)

The zoning administrator shall seek to work with prospective applicants to ensure a productive and informative process toward the accomplishment of mutual goals.

(2)

The zoning administrator may advise the applicant to review files on similar applications for information contained therein.

(B)

Submission of documents. Six (6) copies of documentation, preferably eleven (11) inches by seventeen (17) inches in size, shall be submitted.

(1)

Schematic site plan, illustrating:

(a)

Proposed footprint(s) of building(s);

(b)

Parcel boundaries;

(c)

Proposed access and exterior circulation; and

(d)

Approximate basic dimensions

(2)

Basic, sketch elevation(s) of the proposed buildings(s).

(3)

Conceptual drawings will normally be reviewed at the next scheduled meeting after submission provided that submission to the zoning administrator occurs at least five (5) working days prior to the scheduled meeting date.

(C)

Action by DCC. The DCC shall review the conceptual design for achievement of general design guidelines for the City of Hanahan, Section 3.3, and guidelines specific to the zoning district in which the project is proposed. The DCC may approve, disapprove, or conditionally approve the conceptual design. The DCC may request additional information, in which case, the DCC may defer conceptual design discussion to its next meeting.

(A)

Prior to preliminary design review, the zoning administrator shall seek to work with the prospective applicant to ensure that proposed projects would likely achieve approval. Toward this end, the developer shall schedule a conference with the zoning administrator prior to or upon formal application to the DCC for preliminary design review.

(B)

No indication by the zoning administrator that an application is likely to be approved shall be binding, but each application to be heard by the DCC shall be accompanied by a recommendation from the zoning administrator regarding the project's conformity with any conceptual review and compatibility with the regulations of the zoning district in which it is proposed.

(C)

At such a meeting, the zoning administrator will review the application and all submitted materials with the applicant to ensure that all information required by the DCC at conceptual review is included at time of submission for preliminary review. The zoning administrator will also explain the scheduling of subsequent submissions and the requirements for each.

The developer seeking a zoning permit for a project subject to design review shall apply for preliminary design review and approval from the design control committee.

(A)

Review by DCC. The developer shall apply to the design control committee for preliminary design review at the office of the zoning administrator at least fifteen (15) days prior to the date of the next scheduled DCC meeting. Incomplete applications shall not be scheduled for review.

(B)

Application requirements. The applicant shall submit a completed application for preliminary design review, together with the fee set by city council, and required documentation to the zoning administrator. Submitted materials shall reflect design development of any conceptual plans approved by the design control committee. Documentation requirements are as follows.

(C)

Submission of documents. Six (6) copies of all documentation shall be submitted to the zoning administrator meeting the following requirements.

(1)

A site plan drawn at a minimum scale of 1/32 -inch = one (1) foot shall show the existing and proposed structure(s) on the lot with the dimensions relative to the property line; existing neighboring building(s) adjacent to the property line; exterior pedestrian and vehicular circulation, including driveways, parking areas, sidewalks, boardwalks, porticos, patios, galleries, and other open-air spaces and routes accessible or integral to exterior circulation; location of circulation lighting fixtures; tree survey, depicting all protected trees on the site, indicated for protection or removal; graded and landscaped areas, including structural elements integral to engineering or designing, such as walls and gates; location, size, and type of signage and inhabitable accessory buildings.

(2)

Building elevations shall be drawn at a minimum scale of 1/16 -inch = one (1) foot; showing the following vertical dimensions: (a) existing grade, (b) proposed grade, (c) finish floor elevations, and (d) building height; and roof slopes; fenestration, entrances, and other voids in the building envelope; indication of cladding materials; and exterior protrusions and spaces, including but not limited to, stoops, stairs, cupolas, awnings and canopies, porches and balconies, railings, and chimneys.

(3)

One (1) or more panoramic photographs shall include a general view of the street showing the building, site and adjacent property (streetscape), and shall supplement individual photographs of the buildings immediately adjacent to and across from the site; and a frontal view of the buildings site from the street.

(4)

Contextual model showing new building in existing environment may be required by the DCC for complex projects.

(D)

The zoning administrator or the DCC may require documentation supplementary to or at a larger scale than that required, or in the event of an unusually large site, the zoning administrator may approve documentation at a smaller scale, provided areas of importance are illustrated at the scale specified in this section.

(E)

Action by DCC. The design control committee shall review the preliminary design for achievement of general design guidelines for the City of Hanahan, Section 3.3, and guidelines specific to the zoning district in which the project is proposed. The DCC may approve, disapprove, or conditionally approve the preliminary design. The DCC may request additional information, in which case, the DCC may table preliminary design review and continue discussion at its next meeting. If the DCC fails to take final action upon any case within forty-five (45) days of the submittal of a completed application for preliminary design review to the zoning administrator, then the application shall be deemed to be approved, and the zoning administrator shall issue a certificate of appropriateness to the developer, except where mutual agreement has been made for an extension of time limit.

(F)

Action by the zoning administrator. The zoning administrator shall submit to the developer a written report of the design control committee's decision, with any attached conditions of approval or reasons for disapproval, within ten (10) days of the decision.

After approval of preliminary design, the developer shall apply for final design review and approval from the DCC. Such approval is required prior to the issuance of a certificate of appropriateness, which shall be requisite for receipt of a zoning permit.

(A)

Review by DCC. The developer shall apply to the design control committee for preliminary design review at the office of the zoning administrator at least fifteen (15) days prior to the date of the next scheduled DCC meeting. Incomplete applications shall not be scheduled for review.

(B)

Application requirements. The applicant shall submit a completed application for final review, together with the fee set by city council and published by the zoning administrator for such review, and required documentation to the zoning administrator. Documentation requirements are those specified below. Submitted materials shall, at a minimum, show elements required for preliminary approval, in addition to all elements listed in the requirements below, and reflect refinement of design of the preliminary plans approved by the DCC. Incomplete submittals will be considered for partial and/or informative feedback from the DCC.

(C)

Application requirements. The applicant shall submit a completed application for final design review, together with the fee set by city council, and required documentation to the zoning administrator. Submitted materials shall reflect refinement of the preliminary design approved by the design control committee. Documentation requirements are as follows.

(D)

Submission of documents. Six (6) copies of all documentation shall be submitted to the zoning administrator meeting the following requirements.

(1)

A site plan drawn at a minimum scale of one (1) inch equals twenty (20) feet, shall show the proposed structure(s) on the lot with the dimensions relative to the property line; existing neighboring building(s) adjacent to the property line; demolition of existing site features; and location of all proposed site features such as parking, driveways, walls, gates, location and size of mechanical equipment, landscaped areas, and accessory buildings.

(2)

Floor plans drawn at a minimum scale of ⅛ inch equals one (1) foot depicting the arrangement of the interior spaces of the first floor plan shall show the relationship between the first or ground floor with the site as well as the location of windows and doors, mechanical equipment, electrical meter location, and electrical service access.

(3)

Building elevations and typical building cross section through all elevations drawn at a minimum scale of ⅛ inch equals one (1) foot, shall include vertical dimensions; existing grade; proposed grade; finish floor elevations; roof slopes; mechanical vents and equipment; location and type of outdoor lighting fixtures; design and location of signage; and proposed material selections and textures, indicated by hatching where appropriate, including those for wall cladding, roofs, chimney flues, gutters and downspouts, and porches and railings.

(4)

A landscape plan drawn to a minimum scale of one (1) inch equals twenty (20) feet shall show the location of existing trees to be retained or removed on the site; the locations, varieties, and sizes of trees and plant materials (graphically indicated) to be planted on the site; and other pertinent landscape requirements per Section 6; and indication of the type of irrigation system to be installed, where applicable.

(5)

Typical construction details and typical wall section shall be provided.

(6)

Materials specification outline with samples, brochures, and/or photographs of all exterior materials, colors, finishes, and fixtures shall be provided.

(7)

Drawings of proposed signs illustrating the proposed lettering and graphics, drawn to scale, colors of the proposed sign shall be indicated on the drawing, and actual color samples shall also be furnished. Any proposed illumination techniques shall be indicated on the drawing.

(8)

One (1) or more panoramic photographs shall include a general view of the street showing the building, site and adjacent property (streetscape), and shall supplement individual photographs of the buildings immediately adjacent to and across from the site; and a frontal view of the buildings site from the street.

(9)

A contextual model showing new building in existing environment may be required by the DCC for complex projects.

(E)

Action by DCC. The design control committee shall review the final design for achievement of general design guidelines for the City of Hanahan, Section 3.3, and guidelines specific to the zoning district in which the project is proposed. The DCC may approve, disapprove, or conditionally approve the final design. The DCC may request additional information, in which case, the DCC may table final design review and continue discussion at its next meeting. If the DCC fails to take final action upon any case within forty-five (45) days of the submittal of complete documentation for final design review to the zoning administrator, then the final design shall be deemed to be approved, and the zoning administrator shall issue a certificate of appropriateness to the developer, except where mutual agreement has been made for an extension of time limit.

(F)

Action by the zoning administrator. The zoning administrator shall submit to the developer a written report of the design control committee's decision, with any attached conditions of approval or reasons for disapproval, within ten (10) days of the decision.

(A)

A certificate of appropriateness shall indicate that the developer's design for a proposed project meets or exceeds the general design guidelines for the City of Hanahan, Section 3.3, and guidelines specific to the zoning district in which the project is proposed. The certificate shall be required for receipt of a zoning permit for any project subject to design review.

(B)

Upon approval of the design proposal, the design control committee shall ensure preparation of a report, which may be prepared by the DCC chairperson or the zoning administrator, stating the basis upon which such approval was made and cause a certificate of appropriateness to be issued to the developer.

(1)

If the design control committee approved the final design with no conditions, a certificate of appropriateness shall accompany the written report to the developer regarding the DCC decision.

(2)

In the event of conditions for approval of final design review, the developer shall submit documents revised to reflect the required conditions to the zoning administrator. The zoning administrator shall have ten (10) days from receipt of revised documents to submit to the developer a certificate of appropriateness, provided the revised documents adequately illustrate compliance with the conditions for approval.

(C)

Application for zoning permit. The developer may apply for a zoning permit before or after final design review.

(1)

The developer may apply for a zoning permit upon receipt of a report from the zoning administrator indicating final design approval or conditional approval. Revised documents illustrating compliance with conditions of approval shall be submitted as part of a completed application for a zoning permit.

(2)

Accelerated permitting. The developer may apply for a zoning permit after receiving preliminary design approval or conditional approval; however, the application shall not be considered completed until the final design receives approval from the design control committee and any conditions for approval have been met, as illustrated by revised documents. The site development plan submitted for a zoning permit shall be revised as needed to reflect compliance with any conditions for final approval. Only at this point will the zoning administrator stamp the application for zoning permit "received."

(D)

When a certificate of appropriateness has been issued, a copy will be transmitted to the building official, who should from time to time inspect the alteration or construction approved by such certificate and make a report of such inspection(s) to the design control committee listing all work inspected and reporting any work not in accordance with such certificate.

In

the case of very minor projects involving alterations resulting from maintenance, repair, or updating of existing property to meet current building codes, as adopted by the City of Hanahan, the design control committee may grant both preliminary and final approval at the same review session if the drawings and other data submitted for preliminary review are sufficiently clear and explicit.

(A)

Application and documentation requirements. The developer (who may be the landowner, business owner, or agent thereof properly empowered) shall indicate to the zoning administrator that he seeks accelerated review upon application for preliminary design review. The procedures shall be identical except as specified herein.

(1)

The developer shall submit illustrative documentation of proposed alterations necessary to convey essential information. The zoning administrator shall be authorized to adjust required preliminary design documentation according to the scope of the proposed project.

(2)

The developer shall be eligible for a reduced fee set by Hanahan City Council for accelerated design review.

(B)

Action by DCC. The design control committee shall review the preliminary design for achievement of general design guidelines for the City of Hanahan, Section 3.3, and guidelines specific to the zoning district in which the project is proposed. The DCC shall determine whether the proposed design is eligible for accelerated review.

(1)

If the design control committee finds that the project is not eligible for accelerated review, then it shall approve, disapprove, or conditionally approve the design proposal as preliminary. Alternatively, the DCC may request additional information, in which case the DCC may table preliminary design review and continue discussion at its next meeting.

(2)

If the design control committee finds that the project is eligible for accelerated review, then it may approve, disapprove, or conditionally approve the proposed design as final and instruct the zoning administrator to proceed with issuance of a certificate of occupancy. Alternatively, the DCC may request additional information, in which case the DCC may table design review and continue discussion at its next meeting.

(C)

Action by the zoning administrator. The zoning administrator shall submit to the developer a written report of the design control committee's findings, with any attached conditions of approval or reasons for disapproval, within ten (10) days of the decision. If the DCC found the project ineligible for accelerated review, then the zoning administrator shall indicate this in the report, which shall instruct the developer to seek final design approval and pay to the city the difference between the accelerated design review fee and the preliminary design review fee upon submittal of documentation for final design approval.

(A)

The approval of an application for the use, development, or subdivision of land by the zoning administrator, planning commission, or board of zoning appeals shall not deprive the design control committee the power granted to it in this chapter or in any manner diminish such powers.

(B)

At the conclusion of each review, the design control committee shall move to approve, conditionally approve, disapprove, or defer decision on the project in question.

(1)

In case of conditional approval or disapproval, the DCC Chairperson or the zoning administrator shall state the reasons therefor in a written statement within ten (10) days of the action to the developer. The notification may include a summary of recommendations in regard to appropriateness of design, arrangement, texture, material, color and the like or the property involved, as expressed at the review.

(2)

Among other grounds for conditionally approving or disapproving a design are the following considerations:

(a)

Arresting and spectacular effects; appearance;

(b)

Violent contrasts of materials or colors and intense or lurid colors;

(c)

A multiplicity or incongruity of details resulting in a restless and disturbing appearance;

(d)

The absence of unity and coherence in composition not in consonance with the dignity and character of the present structure in case of repair, alteration, or expansion;

(e)

Remodeling or enlargement of an existing building or with the prevailing character of the surrounds in the case of a new building;

(f)

Overbearing massing; and/or

(g)

Excessive repetition of design elements, treatments, or module.

(C)

Partial approval. The design control committee may opt to approve or conditionally approve one (1) or more portions of a project submitted for review. The effect may be to allow the developer to progress with that portion of the project to the next phase of design review or to allow that portion of the project to gain a certificate of appropriateness and authorize the developer to seek zoning or land development approval.

(A)

Appeal to design control committee. The developer or any person aggrieved by a decision of the zoning administrator regarding the application of design standards in a zoning district over which the design control district has jurisdiction may appeal the decision to the DCC. The appeal must be filed within thirty (30) days of written notice of the decision.

(B)

Application to the City of Hanahan. The applicant appealing to the design control committee shall undertake the following procedure.

(a)

A completed application, together with the application fee for appeal to the design control committee, shall be filed with the zoning administrator at least twenty-five (25) days prior to the DCC meeting at which the request will be considered.

(b)

Required information. The applicant shall set forth a detailed description of the request on an application form provided by the zoning administrator. The completed application shall include the following information:

(i)

A legal description and street address of the subject property, together with a property boundary map if subject property is not explicitly delineated on the zoning map;

(ii)

Six (6) copies of the site development plan or building plans submitted as part of a zoning permit application reviewed and disapproved by the zoning administrator, where applicable, for the property for which relief is sought, as well as any documentation specified for design review necessary to illustrate conditions pertinent to the appeal.

(iii)

Name, address, and phone number of applicant;

(iv)

Name of property owner(s) and applicant's interest in the property if not the owner in fee simple title;

(v)

Filing date of application;

(vi)

Any other information deemed relevant by the zoning administrator; and

(vii)

Applicant and property owner's signature(s).

(C)

Stay of proceedings. Filing an appeal to the design control committee stays all legal proceedings to enforce the appealed action unless the appealed officer certifies that a stay would cause imminent peril to life and property. In such cases, a court restraining order may stay the action.

(D)

Hearings. The design control committee shall hold a public hearing within sixty (60) days of receiving written application for appeal, giving public notice thereof at least fifteen (15) days prior to the hearing by placing notice in a general circulation newspaper in the community.

(E)

Posting property. City staff must post conspicuous notices on or next to the affected property at least fifteen (15) days prior to the hearing. At least one (1) notice must be visible from each street that borders the property.

(F)

Record keeping. The design control committee shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be filed in the office of the zoning administrator and shall be public record. On all appeals, applications, and other matters brought before the board, it shall inform in writing all the parties involved of its decision(s) and the reason(s) heretofore.

(G)

Decisions of the design control committee. The concurring majority vote of present members of the DCC shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or to decide in favor of the applicant on any matter upon which it is required to consider under this ordinance. The DCC decision shall be based upon for comparison of the completed application to general design guidelines for the City of Hanahan, Section 3.3, and guidelines specific to the zoning district in which the project is proposed.

(H)

Order on decision. The design control committee shall, upon decision of approval or denial, submit to the applicant its decision in writing within thirty (30) days and shall notify the zoning administrator of such decision. If the DCC finds in favor of the developer, the zoning administrator shall process the application for a certificate of appropriateness for the reviewed property.

(I)

Appeals of decisions of the design control committee. Any person who may have a substantial interest in any decision of the DCC may appeal that decision to circuit court, filing with the clerk of such court a petition in writing setting forth plainly, fully, and distinctly wherein such decision is contrary to law. Such appeal shall be filed within thirty (30) days of the rendering of the decision of the DCC.