This chapter identifies the roles and responsibilities of various appointed and elected boards, as well as the duties of the city staff, in the administration of this Ordinance.

A.

Summary Table of Decision-Making and Review Bodies.

1.

Table 6-1 summarizes the review and decision-making responsibilities of the entities that have roles in the administration of the procedures set forth in Chapter 6, Review and Approval Procedures. The referenced notes are set forth immediately below the table. Other duties and responsibilities of the entities are set forth in the subsequent sections of this Article, the MZDO, the Hardeeville Code of Ordinances and State statutes.

2.

Even though not referenced in this chapter, other boards, commissions, government agencies, and non-governmental agencies may be requested to review some applications, including, but not limited to, zoning map amendments, site plans, and subdivisions.

TABLE 6-1: SUMMARY OF ADMINISTRATION AND REVIEW ROLES

NOTE: This table summarizes the general review and decision-making responsibilities for the procedures contained in Article 7. Exceptions to these general rules apply. See Article 7 for details on each procedure.

R = Review (Responsible for Review and/or Recommendation)       H = Hearing (Public Hearing Required)

D = Decision (Responsible for Final Decision)       A = Appeal (Authority to Hear/Decide Appeals)

B.

Composition of Boards and Commissions.

1.

Board and Commission Appointment and Confirmation:

a.

Appointments to boards and commissions within the scope of this Ordinance shall be made by the City Council.

2.

Conduct of Boards and Commissions. This section sets forth procedures that are common to all appointed boards and commissions within the scope of this Ordinance, which include the Planning Commission, the Zoning Board of Appeals, and the Architectural/Overlay Review Board.

a.

Absence of Member. Any member of an appointed board of commission anticipating an absence from a meeting of their board of commission shall so advise the chair or secretary prior to the meeting.

b.

Code of Ethics. The Planning Commission and the Zoning Board of Appeals members shall, in the performance of their quasi-judicial, adjudicatory responsibilities in all matters before them, including all matters which their members should reasonably know or expect to come before them, shall:

i.

Make their decisions solely on the applicable law and the evidence in the record presented to the panel through the clerk or secretary of the board or commission or, when permitted, submitted to the panel in an open hearing on the record;

ii.

Be impartial in fact and in appearance in the performance of their functions, which means that the panel and its members shall make their decisions without any actual or seemingly apparent personal or financial bias, prejudice, prejudgment or partiality with respect to any person, party, or principle of law; and

iii.

Conduct their proceedings according to the applicable procedures provided by law.

c.

Conflict of Interest:

i.

Conflict of interest. Conflicts of interests and disqualifying economic interests shall, in the first instance, be governed by the South Carolina Ethics Reform Act of 1991, as amended. Conflict of interest shall be handled in the following way:

(A)

Upon making application for membership on a board, agency or commission, all members shall certify that they do not have a conflict of interest.

(B)

Upon appointment, members shall disqualify themselves from voting or otherwise participating in any particular issue, which may arise, in which they have a conflict of interest or disqualifying economic interest, as required by S.C. Code § 8-13-700(B).

(C)

A member, who has an actual or known potential conflict of interest, shall take such action as is required by the South Carolina Ethics Reform Act of 1991, as amended and abstain from voting and discussing the issue, which is the subject of a conflict.

ii.

No member of an appointed board or commission shall participate in any decision in which the board or commission determines either that such member has a conflict of interest, as defined in the Hardeeville Municipal Code and the State Ethics Commission; or that such member has a personal interest or involvement in the case that would prevent that member from fairly evaluating the case; or that, based on all surrounding circumstances, participation by such member would create the appearance of impropriety in the proceedings.

iii.

The determination shall take into consideration the interest of the public in boards and commissions that have familiarity with the community and its past and future development. No member shall be excused from participation solely on the basis of personal familiarity with the case or the parties involved.

iv.

Any member who has a possible conflict of interest in a pending matter shall bring this information to the attention of the chair before the staff begins its presentation or as soon thereafter as the member recognizes his or her possible conflict. It shall be the responsibility of each member to fully disclose facts showing any known conflict of interest or other personal interest or involvement. Where appropriate, the conflict may be discussed in executive session.

v.

Immediately upon discovering the existence of any conflict of interest prohibited by this Ordinance, the Municipal Code, or any state law applicable to local government officials, the board or commission member shall fully disclose on the record in open session of the board or commission the nature of and the facts creating the conflict and shall be disqualified from any participation in or communications with other members of the board or commission on the matter with which a conflict exists.

vi.

A member who has a possible conflict of interest in a matter for decision may participate in that decision only upon the affirmative vote of a majority of all remaining commission members present. Such vote shall be recorded on the public record.

vii.

Any member found by the board or commission to have a conflict of interest with regard to a particular matter shall not participate in any manner in that matter.

d.

Ex Parte Contacts Prohibited:

i.

Ex parte contacts and communications are defined for the purposes of this subsection as the receipt, either directly or indirectly, of verbal, visual, or written communications outside a duly noticed, open hearing on the record at which all parties and all board or commission members have an opportunity to be present.

ii.

Members of adjudicatory or quasi-judicial boards and commissions shall refrain from permitting ex parte contacts or communications with any person regarding any matter pending before or which may be reasonably expected to be pending before them.

iii.

All members of a board or commission who sit in a quasi-judicial capacity shall adhere to the following in their receipt and deliberation of any matter coming before them. In contested matters, a decision maker shall not engage in ex parte communications with a party of record or any person who has a direct interest in the matter to be decided. A decision made at a hearing or a decision based on the review of a record is voidable if the decision-maker engaged in an substantive written or oral ex parte communication with a party or a person who has a direct interest in any issue in the matter unless the decision maker promptly notifies the parties of the ex parte communication, makes the ex parte communication a part of the record and provides the parties an opportunity to rebut the ex parte communication prior to a final decision being rendered.

iv.

The prohibition against ex parte contacts remains in effect as long as a matter may reasonably be expected to come before the board or commission until after all appeal and remands for further consideration and reconsideration have concluded or the time for such proceedings has expired.

e.

Consent Agenda. Any appointed board or commission may establish a consent agenda. The consent agenda shall consist of all matters brought before the board or commission for action that do not require a public hearing. All items on the consent agenda shall be approved by motion without debate. An item may be removed from the consent agenda prior to the approval at the request of any member of the board or commission present at the meeting. Items removed from the consent agenda shall be considered on the regular agenda.

f.

Meetings Open to Public. All meetings of the appointed boards and commissions shall be open to the public except as otherwise provided by the exemptions pursuant to State law. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. This section does not apply to any votes required to be taken to organize a board or commission.

g.

Quorum — Official Action.

i.

A majority of the then serving membership of the board or commission shall constitute a quorum for the transaction of business.

ii.

Action by the board or commission shall require the favorable vote of a majority of the quorum present.

h.

Reconsideration or Rehearing of Decisions. Decisions of any appointed board or commission under this chapter may be brought up for reconsideration or rehearing only if:

i.

There was substantial procedural error in the original proceeding;

ii.

The board or commission acted without jurisdiction in the original proceeding; or

iii.

The original decision was based upon fraud or misrepresentation. Any person seeking reconsideration or a rehearing must file a request with the city clerk, together with materials supporting one or more of the grounds stated in this subsection, within fifteen (15) days of the original decision. The board or commission, by majority vote, may schedule a rehearing only if it finds the allegations to be correct. A rehearing shall be conducted in the same manner as the original proceedings before the board or commission.

i.

Removal of Member. A member of any appointed board or commission under this chapter may be removed from office by the City Council for cause. Any member with three consecutive, unexcused absences (including workshops) or who does not attend more than seventy (70%) percent of the meetings (including workshops) within a calendar year may be automatically removed from the Board or Commission on which they serve and the Chairperson of body shall cause the City Manager to be notified of the vacancy on the board or commission to be filled through the appropriate procedure. In such cases, the member shall automatically cease to be a member of his or her board or commission and a vacancy shall exist.

j.

Representatives. Persons appearing before an appointed board or commission under this chapter may appear in person or through a representative or attorney; appearances before quasi-judicial bodies for appeals or variances are strongly encouraged to appear in person with an attorney. The representative shall provide satisfactory proof of his or her authority upon the request of the board or commission.

k.

Resolutions. All recommendations and decisions made by the appointed boards and commissions shall be made by resolution as appropriate and shall include precise findings made. The motion adopting the resolution shall show the vote of each member.

l.

Secretary. The Planning Director shall be the secretary of each appointed board and commission in this chapter. In the Director's absence, another member of the planning staff shall act as secretary. The secretary shall keep a record of all meetings of each board or commission and shall keep such files as may be required.

m.

Applicability of Other Provisions. The provisions of this chapter shall not be a limitation on more restrictive rules regarding the conduct of boards and commissions as may be required by state law, are set forth elsewhere in the Hardeeville Code of Ordinances or approved by resolution of the City Council.

A.

Review and Decision-Making Responsibilities.

1.

The City Council shall have the review and decision-making responsibilities set forth in Table 6-1, to be carried out in accordance with the terms of this Ordinance.

2.

In addition, the City Council shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance:

a.

Hear and approve, approve with conditions, or deny proposed Text Amendments.

b.

Hear and approve, or deny proposed Official Zoning Map (rezoning) amendments.

c.

Hear and approve, approve with conditions, or deny PUD Master Plan applications.

d.

Appoint the Planning Commission, Zoning Board of Appeals, and Architectural/Overlay Review Board;

e.

Take any other action not delegated to the Planning Commission, Zoning Board of Appeals, or city staff as the City Council may deem desirable and necessary to implement the provisions of this Ordinance.

f.

All other matters committed to it by state law.

A.

Review and Decision-Making Responsibilities.

1.

There is hereby re-created the City of Hardeeville Planning Commission, to undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the City area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare as well as the efficiency and economy of its area of jurisdiction. Specific planning elements must be based upon careful and comprehensive surveys and studies of existing conditions and probably future development and include recommended means of implementation. The local Planning Commission may make, publish, and distribute maps, plans, and reports and recommendations relating to the plans and programs and the development of its area of jurisdiction to public officials and agencies; public utility companies, civic, educational, professional, and other organizations and citizens. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The Planning Commission, its members and employees in the performance of its functions, may enter upon any land with consent of the property owner or after ten (10) days' written notification to the owner of record, make examinations and surveys, and place and maintain necessary monuments and marks on them, provided, however, that the Planning Commission shall be liable for any injury or damage to property resulting therefrom. In general, the Planning Commission has the powers as may be necessary to enable it to perform its functions and promote the planning of the City.

2.

The Planning Commission, its members and employees in the performance of its functions, may enter upon any land with consent of the property owner or after ten (10) days' written notification to the owner of record, make examinations and surveys, and place and maintain necessary monuments and marks on them, provided, however, that the Planning Commission shall be liable for any injury or damage to property resulting therefrom. In general, the Planning Commission has the powers as may be necessary to enable it to perform its functions and promote the planning of the City.

3.

The Planning Commission shall have the powers and duties set forth in Table 5-1, to be carried out in accordance with the terms of this Ordinance.

a.

The City and County Council authorizes the Planning Commission to review and make recommendations to the City Council for proposed Planned Development Districts (PDD), Manufactured Home Parks (MHP), other floating zones, rezonings and map amendments, and other land use matters committed to the discretion of the Council, and any other subdivision/development or development that may hereinafter be directed to the Planning Commission for recommendation or approval by this MZDO, taking into consideration the recommendations of City Staff, if applicable.

b.

The Planning Commission hereby delegates permitting responsibilities to the Planning Director and the Staff Review Committee. The Planning Director and the Staff Review Committee may submit any application for a permit to the Planning Commission for review and recommendation, and such submission automatically tolls the running of the time allowed for decision by the permitting authority by that amount of time necessary for review and recommendation by the Planning Commission, not to exceed an additional forty-five (45) days.

c.

The Planning Committee shall create a report, with City Staff's assistance, of all studies undertaken and recommendations made by the Commission, and matters permitted or denied during the calendar year by the Staff Review Committee or Zoning Administrator, and shall present same to the City Council in a reasonably timely fashion after the end of the calendar year.

4.

In addition, the Planning Commission shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance:

a.

Development of Plans and Policies. Undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the City.

i.

The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare, as well as the efficiency and economy of the jurisdiction. Specific planning elements must be based upon careful and comprehensive surveys and studies of existing conditions and probable future development and include recommended means of implementation.

ii.

The Planning Commission may make, publish, and distribute maps, plans, and reports and recommendations relating to the plans and programs and the development of its area of jurisdiction to public officials and agencies, public utility companies, civic, educational, professional, and other organizations and citizens.

iii.

All public officials shall, upon request, furnish to the Planning Commission, within a reasonable time, such available information as it may require for its work.

iv.

The Planning Commission, its members and employees in the performance of its functions, may enter upon any land with consent of the property owner or upon receipt of an application for review and approval governed by this article to make examinations and surveys, and place and maintain necessary monuments and marks on them, provided, however, that the planning commission shall be liable for any injury or damage to property resulting there from.

b.

Implementation of Plans and Policies. Prepare and recommend the following for adoption by the City Council, as a means for implementing the plans and programs:

i.

The MZDO, to include zoning district maps and appropriate revisions thereof;

ii.

Regulations for the subdivision/development or development of land and appropriate revisions thereof, and to oversee the administration of the regulations that may be adopted as provided in this Ordinance;

iii.

An official map and appropriate revision on it showing the exact location of existing or proposed public street, highway, and utility rights of-way, and public building sites, together with regulations to control the erection of buildings or other structures or changes in land use within the rights-of-way, building sites, or open spaces within its political jurisdiction or a specified portion of it, as set forth in this Ordinance;

iv.

A landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;

v.

A capital improvements program setting forth projects required to implement plans which have been prepared and adopted, including an annual listing of priority projects for consideration by the governmental bodies responsible for implementation prior to preparation of their capital budget; and

vi.

Policies or procedures to facilitate implementation of planning elements.

B.

Membership.

1.

The Planning Commission shall have no less than five (5) nor more than seven (7) members, and shall serve without compensation.

2.

No member of the Planning Commission may hold an elected public office in the City. Members of the commission serve for staggered four-year terms, and shall serve until their successors are appointed and qualified.

3.

Members may be reappointed for successive terms in accordance with procedures as may be adopted by respective City Council resolution from time to time. A vacancy in the membership of a Planning Commission must be filled for the unexpired term in the same manner as the original appointment. No member shall serve a term of appointment for longer than nine (9) consecutive years, unless four (4) out of five (5) Council members shall vote to extend beyond such time. The City Council may remove any member of the commission it appointed for cause.

4.

In the appointment of Planning Commission members, the City Council shall consider their professional expertise, knowledge of the community, and concern for the future welfare of the total community and its citizens. Members shall represent a broad cross-section of the interests and concerns within the jurisdiction, and shall be residents and (or) freeholders of the City or of the Counties within which the City is part of; provided however, that upon the positive vote of four (4) out of five (5) Council members, Council may appoint up to two (2) members of the Planning Commission who satisfy only one of the two above criteria, i.e., are not both a citizen and a freeholder.

5.

The commission should include, to the extent practical, individuals from the following professional groups: Land development, land planners, engineering, real estate, surveying, architecture/landscape architecture, attorneys or paralegals and/or appraisers/finance/bankers.

C.

Organization; Meetings; Procedural Rules; Records; Purchases.

1.

The Planning Commission shall organize itself, electing one of its members as chairman and one as vice-chairman, both of whose terms must be for one year. The Commission shall meet at the call of the chairman and at such times as the chairman or Commission may determine.

2.

The Commission shall use Robert's Rules of Order (most recent edition) for the conduct of meetings, as may be modified by adoption of such modifications by majority vote of the entire membership, subject to ratification of such modification by resolution of City Council. City Council may also, by resolution, provide for rules of procedure at a future date, in its sole discretion. Meetings of the board must be held each month at a date noticed annually and approved by the City Council, at the call of the chairman, and at such other times as the board may determine. Regularly scheduled meetings may be cancelled by the chairman if there is no business set for the board to consider (other than approval of the minutes of the previous meeting), or in the event severe weather or other extraordinary conditions make it unsafe for the Board to meet. The Planning Commission shall keep a record of its resolutions, findings, and determinations, which record must be a public record. The Planning Commission may request the City Council to purchase equipment and supplies and employ or contract for such staff and such experts as it considers necessary.

D.

Funding of Commission; Expenditures; Contracts. The Planning Commission may, as may be authorized by resolution of City Council, cooperate with, contract with, or accept funds from federal government agencies, state government agencies, local general purpose governments, school districts, special purpose districts, including those of other states, public or eleemosynary agencies, or private individuals or corporations; it may expend the funds; and it may carry out such cooperative undertakings and contracts as it considers necessary to accomplish the purposes of such undertakings and contracts as have been authorized by City Council.

A.

Review and Decision-Making Responsibilities. The Zoning Board of Appeals has the following powers:

1.

To hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by the Planning Director or by an authorized administrative official or body in the enforcement of the MZDO;

2.

To hear and decide appeals for variance from the requirements of the MZDO when strict application of the provisions of the Ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:

3.

To permit uses by special exception subject to the terms and conditions for the uses set forth for such uses in the MZDO; and

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Hardeeville. The appeal must be taken within thirty (30) days from the date the appealing party has received actual notice of the action from which the appeal is taken by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals notice of appeal specifying the grounds of it. The officer from whom the appeal is taken immediately shall transmit to the board all the papers constituting the record upon which the action appealed from was taken in exercising the above powers, the Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The board in the execution of the duties specified in this chapter may subpoena witnesses and in case in contempt may certify this fact to the circuit court having jurisdiction.

All final decisions and orders of the board must be in writing and be filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail. Orders of the board regarding appeals, special exceptions and variances may be adopted and approved after reduction to writing at either a regularly scheduled or special called meeting, with such executed by the chairman or acting chairman and the secretary of the board, or may be adopted by the board without formally convening through circulation of the order among the members of the board by the City staff for individual signature, should the board so choose.

The Zoning Board of Appeals shall have the review and decision-making responsibilities set forth in Table 5-1, to be carried out in accordance with the terms of this Ordinance.

B.

Membership.

1.

There is hereby created, as a part of the administrative mechanism designed to enforce the zoning and land development ordinances and regulations, a board to be known as the Hardeeville Zoning Board of Appeals, which is referred to in this Ordinance as the BZA, whose jurisdiction shall include property within the City.

2.

The BZA shall consist of five (5) members, a majority of which constitutes a quorum, and who shall serve without compensation.

3.

The members shall serve for overlapping terms of three (3) years, or after that time until their successors are appointed and qualified.

a.

The City Council, by resolution within six (6) months of the adoption of the MZDO in March of 2008, established staggered terms for members of the then-existing BZA so as to provide that at least two (2) of the terms of five (5) then-serving members expired in a different year than the remaining members. Members then in office were and remain eligible for re-appointment.

The Zoning Board of Appeals seats, which are at-large, and their expiration terms, and every four (4) years thereafter:

4.

Members may be reappointed for successive terms in accordance with procedures as may be adopted by City Council resolution from time to time. A vacancy in the membership will be filled for the unexpired term by appointment of a new member in the same manner as the original appointment. No member shall serve a term of appointment for longer than nine (9) consecutive years, unless four (4) out of five (5) Council members shall vote to extend beyond such time. The City Council may remove any member of the Board it appointed for cause.

5.

None of the members shall hold any other public office or position in the municipality or county.

The board should include, to the extent practical, individuals from the following professional groups: Land development, land planners, engineering, real estate, surveying, architecture/landscape architecture, attorneys or paralegals and/or appraisers/finance/bankers.

C.

Officers; Rules; Meetings; Notice; Records. The board shall elect one of its members chairman, who shall serve for one year or until he is re-elected or his successor is elected and qualified. The board shall use Robert's Rules of Order (most recent edition) for the conduct of meetings, as may be modified by adoption of such modifications by majority vote of the entire membership, subject to ratification of such modification by resolution of City Council. City Council may also, by resolution, provide for rules of procedure at a future date, in its sole discretion. Meetings of the board must be held each month at a date noticed annually and approved by the City Council, at the call of the chairman, and at such other times as the board may determine. Regularly scheduled meetings may be cancelled by the chairman if there is no business set for the board to consider (other than approval of the minutes of the previous meeting), or in the event severe weather or other extraordinary conditions make it unsafe for the Board to meet. Public notice of all meetings of the Zoning Board of Appeals shall be provided by publication in a newspaper of general circulation in the municipality. In cases involving variances or special exceptions conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property. The chairman or, in his or 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 must be immediately filed in the office of the board and must be a public record.

D.

Final Decisions and Orders. All final decisions and orders of the board must be in writing and be filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be mailed to parties of record by mail. Orders of the board regarding appeals, special exceptions and variances may be adopted and approved after reduction to writing at either a regularly scheduled or special called meeting, with such executed by the chairman or acting chairman and the secretary of the board, or may be adopted by the board without formally convening through circulation of the order among the members of the board by the City staff for individual signature, should the board so choose.

E.

Contempt; Penalty. In case of contempt by a party, witness, or other person before the Zoning Board of Appeals, the board may certify this fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

F.

Appeal from Zoning Board of Appeals to Circuit Court. A person who may have a substantial interest in any decision of the Zoning Board of Appeals or an officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county by filing with the clerk of the 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 (30) days after the decision of the board is mailed has actual notice of the decision, or the party of record is otherwise notified of the decision during a meeting or hearing.

G.

Financing of Zoning Board of Appeals. The City Council may appropriate such monies, otherwise unappropriated, as it considers fit to finance the work of the Zoning Board of Appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized under this chapter which are adopted and may accept and expend grants of money for those purposes from either private or public sources, whether local, state, or federal.

A.

Establishment. In order to provide for the preservation and protection of historic and architecturally valuable districts and neighborhoods, significant and/or natural scenic areas, to protect and/or provide for the unique, special, or desired character of a hereinafter defined overlay districts and corridors, by means of restriction and conditions governing the right to erect, demolish, remove in whole or in part, or alter the exterior appearance of all buildings or structures within the areas, the City Council hereby provides for the Architectural/Overlay Review Board which shall become effective upon appointment of the members by Council.

B.

Powers of Architectural/Overlay Review Board. The Architectural/Overlay Review Board has those powers involving the structures and neighborhoods as may be hereinafter set forth within this MZDO. Decisions of the Planning Director or other appropriate administrative official in matters under the purview of the Architectural/Overlay Review Board may be appealed to the board where there is an alleged error in any order, requirement, determination, or decision. Interpretation of overlay standards shall be the responsibility of the City's Architectural/Overlay Review Board, as appointed periodically by the City Council. These overlay standards shall serve as guidance to the Architectural/Overlay Review Board regarding the City's intent for land development in any given area.

1.

Review process.

a.

The Architectural/Overlay Review Board will review:

i.

Any application with a construction value of more than five thousand dollars ($5,000.00) to the exterior of the structure.

ii.

All other applications will be reviewed and approved by City staff. Staff review will include, but is not limited to, the Planning Director and the Building Official.

b.

Applications are subject to a discretionary review by the Architectural/Overlay Review Board. The Architectural/Overlay Review Board shall have approval authority for all aspects of site planning and exterior architecture, including aesthetic appropriateness, fit with historic context. The Architectural/Overlay Review Board shall have authority to waive architectural guidelines in specific instances where compliance would create undue hardship such as: additions in which new portions would be incompatible with the existing structure, or in the application of roofing materials that are consistent with the goals of preservation, but are not expressly permitted. The Architectural/Overlay Review Board may also grant special exemptions from the standards provided herein, including requirements for porches, on the basis of architectural merit and shall not form a precedence for future projects.

c.

Optional preliminary review. Applicants may, at their option, submit designs in schematic or sketch form for preliminary approval, subject to further review.

d.

Review and final approval. Applicants shall submit the items described below in Section (2) for final approval.

e.

Applications for building permits must be submitted to the City of Hardeeville Building Department no later than one (1) year after final approval has been granted under the Downtown Redevelopment Overlay District Code. Failure to meet this time line will necessitate resubmission to the Architectural/Overlay Review Board.

f.

Decisions and findings made by the Architectural/Overlay Review Board may be appealed as set forth in Section 6.6.

C.

Membership; officers; rules; meetings; records.

1.

The board shall consist of no less than three (3) members to be appointed by the City Council, which shall endeavor to appoint as professionally qualified persons as it may be able to accept appointments. This board should include individuals from the following professional groups: architects and planners (2), builders and engineers (1). Because of the highly technical nature of this board, the City Council may also find it necessary to find professionals from outside the jurisdiction or who are engaged in a professional services contract with the city to review and make recommendations to this Board. The City Manager, Planning Director, Building Official, and City Engineer may also be included in the presentation, coordination, and facilitation of the board's work. Terms of members shall be for two (2) years, with at least one (1) (if three (3) members are initially appointed) or two (2) (if four (4) or more are initially appointed) members receiving a term of one (1) year, so that members of the board first to serve will be appointed for staggered terms, and shall serve until their successors are appointed and qualified. Members may be reappointed for successive terms in accordance with procedures as may be adopted by City Council resolution from time to time. The City Council may remove any member of the board which it has appointed. Assignments of terms and expiration of terms for each of the seats authorized shall be established upon the appointment of the initial members when the Board is activated.

2.

None of the members may hold any other public office or position in the municipality or county.

3.

The board shall elect one (1) of its members chairman, who shall serve for one (1) year or until he is re-elected or his successor is elected and qualified. The board shall use Robert's Rules of Order (most recent edition) for the conduct of meetings, as may be modified by adoption of such modifications by majority vote of the entire membership, subject to ratification of such modification by resolution of City Council. Meetings of the board must be held each month at a date noticed annually and approved by the City Council, at the call of the chairman, and at such other times as the board may determine. Regularly scheduled meetings may be cancelled by the chairman if there is no business set for the board to consider (other than approval of the minutes of the previous meeting), or in the event severe weather or other extraordinary conditions make it unsafe for the Board to meet. The chairman or, in his or 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 in the office of the board and must be a public record.

D.

Appeal from Architectural/Overlay Review Board to Circuit Court. A person who may have a substantial interest in any decision of the Architectural/Overlay Review Board or any officer, or agent of the City may appeal from any decision of the board 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 (30) days after the affected party receives actual notice of the decision of the Architectural/Overlay Review Board.

E.

Contempt; penalty. In case of contempt by a party, witness, or other person before the Architectural/Overlay Review Board, the board may certify the fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

A.

Review and Decision-Making Responsibilities. City staff shall have the review and decision-making responsibilities set forth in Table 6.1, to be carried out in accordance with the terms of this Ordinance. The departments also shall have such additional powers and duties as may be set forth elsewhere in this Ordinance and other ordinances of the city.

B.

Other Powers and Duties. The following departments have the general responsibilities set forth below.

1.

Planning Director. For purposes of administrating and enforcing this Ordinance, the position of "Planning Director" shall be appointed by, and responsible to, the City Manager. The Planning Director's powers and duties include but are not limited to:

a.

Administer and enforce the provisions of this ordinance;

b.

Make written interpretations of this ordinance;

c.

Review and make recommendations on Building Permits;

d.

Review and make recommendations on Certificates of Occupancy;

e.

Review, make recommendations, and issue Sign Permits;

f.

Process applications for Variances and Special Exceptions;

g.

Issue Certificates of Compliance (Zoning Permit);

h.

Review and take action on Development Names;

i.

Review and take action on Administrative Adjustments;

j.

Review and make recommendations on site plans; and

k.

Review, make recommendations, and if applicable issue Landscaping and Tree Conservation Permits

2.

Staff Review Committee. The City Manager shall designate a Staff Review Committee (SRC) consisting of the Planning Director, Building Official, Fire Chief, City Engineer or designee, and any other City staff professional the City Manager deems necessary for professional review. The Planning Director shall serve as chair of the Committee and be responsible for all final decisions of the Committee. The Staff Review Committee shall have the following powers and duties:

a.

Approval or deny submitted subdivision/site/development plans;

b.

Approval or deny submitted building permit applications;

c.

Approval or deny and provide recommendations to BZA and/or Planning Commission as needed on certain submittals.

3.

City Manager. The City Manager shall appoint the Planning Director and the Staff Review Committee members.